LEGAL NOTICE
CITY OF WARWICK
ORDINANCE NO. O-23-24
APPROVED
December 20, 2023
Frank J. Picozzi
MAYOR
AN ORDINANCE AMENDING APPENDIX A, ZONING ORDINANCE OF THE CITY OF WARWICK TO CONFORM WITH PROCEDURAL AND SUBSTANTIVE CHANGES IN STATE LAND USE LAWS, MODIFY LAND USES AND DISTRICTS, AND DELETE SUPERFLUOUS SECTIONS CODIFIED IN THE STATE BUILDING CODE
CITY OF WARWICK, PETITIONER
CITY-WIDE
Be it ordained by the City of Warwick:
Section I. Appendix A Zoning of the Code of Ordinances of the City of Warwick is hereby amended as follows:
SECTION 100. – TITLE AND PURPOSE
[…]
This ordinance is designed to:
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103.14. Provide for procedures for the administration of this ordinance including, but not limited to, variances, special-use permits, and, where adopted, procedures for modifications.
103.15. Provide for reasonable accommodations in order to comply with the RI Fair Housing Practices Act, the US Fair Housing Amendments Act of 1988 (FHAA), the RI Civil Rights of Individuals with Handicaps Persons with Disabilities Act, R.I.G.L. § 42-81-1 et seq.), and the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.
SECTION 200. – DEFINITIONS
In this ordinance words used in the present tense include the future, the singular includes the plural and the plural the singular. The word "used" includes "designed, intended or arranged to be used." The following terms for the purposes of this ordinance are defined as follows:
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Accessory family dwelling unit (ADU). A residential living unit on the same parcel where the primary use is a legally established single-unit or multi-unit dwelling. An ADU provides complete independent living facilities for one or more persons. It may take various forms including, but not limited to: a detached unit; a unit that is part of an accessory structure, such as a garage; or a unit that is part of an expanded or remodeled primary dwelling. An accessory dwelling unit for the sole use of one or more members of the family of the occupant or occupants of the principal residence, and shall not have a separate means of ingress and egress. An ADU that is attached to the principal dwelling shall maintain the appearance of a single family dwelling.
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Adaptive reuse. Means the conversion of an existing structure from the use for which it was constructed to a new use by maintaining elements of the structure and adapting such elements to a new use.
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Building, semi-dethatched. A building having one party wall in common with an adjoining building.
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Building height. The vertical distance from grade, as determined by the municipality, to the top of the highest point of the roof or structure. The distance may exclude spires, chimneys, flagpoles, and the like. For a vacant parcel of land, building height shall be measured from the average, existing-grade elevation where the foundation of the structure is proposed. For an existing structure, building height shall be measured from average grade taken from the outermost four (4) corners of the existing foundation. In all cases, building height shall be measured to the top of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, chimneys, flag poles, and the like. For any property or structure located in a special flood hazard area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the Rhode Island coastal resources management council (CRMC) suggested design elevation three foot (3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-year (100) storm, the greater of the following amounts, expressed in feet, shall be excluded from the building height calculation:
(i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or proposed freeboard, less the average existing grade elevation; or
(ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate the appropriate suggested design elevation map for the exclusion every ten (10) years, or as otherwise necessary.
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Community residence. A home or residential facility where children and/or adults reside in a family setting and may or may not receive supervised care. This shall not include halfway houses or substance abuse treatment facilities. This shall include, but not be limited to the following:
(a) Whenever six (6) or fewer retarded children or adults with intellectual and/or developmental disability reside in any type of residence in the community, as licensed by the state pursuant to chapter 24 of title 40.1 G.L. 1956, § 40.1-24-1 et seq. All requirements pertaining to local zoning are waived for these community residences;
(b) A group home providing care or supervision, or both, to not more than eight mentally disabled or mentally handicapped or physically handicapped persons, and licensed by the state pursuant to G.L. 1956, § 40.1-24-1 et seq.;
(c) A residence for children providing care or supervision, or both, to not more than eight children including those of the caregiver and licensed by the state pursuant to G.L. 1956, § 42-72.1-1 et seq.;
(d) A community transitional residence providing care or assistance, or both, to no more than six unrelated persons or no more than three families, not to exceed a total of eight persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, abuse, or neglect, and who are expected to reside in that residence not less than 60 days nor more than two years. Residents will have access to and use of all common areas, including eating areas and living rooms, and will receive appropriate social services for the purpose of fostering independence, self-sufficiency, and eventual transition to a permanent living situation.
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Director. Director of the department of city plan of the City of Warwick.
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Family member. A person, or persons, related by blood, marriage, or other legal means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, grandparents, grandchildren, domestic partner, sibling, care recipience, or member of the household. See also Household.
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Unified Development Review. The review and approval, approval with conditions, or denial of requests for variances and special-use permits submitted as part of land development and subdivision applications, pursuant to R.I.G.L. § 45-24-46.4.
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Variance. Permission to depart from the literal requirements of this ordinance. An authorization for the construction or maintenance of a building or structure, or for the establishment or maintenance of a use of land, which is prohibited by this ordinance. There shall be only two categories of variance, a use variance or a dimensional variance.
(a) Use variance. Permission to depart from the use requirements of this ordinance where the applicant for the requested variance has shown by evidence upon the record that the subject land or structure cannot yield any beneficial use if it is to conform to the provisions of this ordinance.
(b) Dimensional variance. Permission to depart from the dimensional requirements of this ordinance under the applicable standards set forth in R.I.G.L. 45-24-41, where the applicant for the requested relief has shown, by evidence upon the record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use of the subject property unless granted the requested relief from the dimensional regulations. However, the fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief.
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Wetland, freshwater. “Freshwater wetlands” includes, but is not limited to, those areas that are inundated or saturated by surface or groundwater at a frequency and duration to support, and that under normal circumstances do support a prevalence of vegetation adapted for life in saturated soil conditions. Freshwater wetlands includes, but is not limited to: A marshes, swamps, bogs, pond, river or stream floodplain or bank, area subject to flooding or storm flowage; emergent or submergent plant communityies, and for the purposed of this chapter, rivers, streams, ponds, and vernal pools in any body of freshwater; or area within 50 feet of the edge of a bog, marsh, swamp, or pond; or the land area within 200 feet of the edge of a flowing water body having a width of ten feet or more and that area within 100 feet of the edge of any flowing body having a width of less than ten feet during normal flow.
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SECTION 300. – ESTABLISHMENT AND CLASSIFICATION OF DISTRICTS
For the purpose of this ordinance, the City of Warwick is hereby divided into thirteen classes of districts, listed and designated on the “zoning map plat” as follows:
Open Space District (OS)
Residence A-40 District (A-40)
Residence A-15 District (A-15)
Residence A-10 District (A-10)
Residence A-7 District (A-7)
Office District (O)
Waterfront Business District (WB)
General Business District (GB)
Light Industrial District (LI)
General Industrial District (GI)
City Centre Warwick Station Intermodal District (Intermodal)
City Centre Warwick Station Gateway District (Gateway)
Village District (V)
The general intent and purposes of the zoning districts are as follows: Table 1 contains the use regulations for each district; table 2A contains the dimensional regulations for residence districts and table 2B contains the dimensional regulations for nonresidential districts.
This zoning ordinance provides a listing of all land uses and/or performance standards for uses that are permitted within the zoning use districts of the municipality. Any use not specifically listed may be presented by the property owner to the zoning board of review or building official for an evaluation and determination of whether the proposed use is of a similar type, character, and intensity as a listed permitted use. Upon such determination, the proposed use may be considered to be a permitted use.
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301.11. City Centre Warwick Station Development District (WSDD(CCW). The City Centre Warwick Station Development District shall consist of that area presented in the City Centre Warwick Station Development District Master Plan and Warwick Comprehensive Community Plan. The Development District shall consist of two distinct zoning districts; the Intermodal District as defined in section 301.11A of this ordinance and the Gateway District as defined in subsection 301.11B of this ordinance, and as illustrated on the Warwick Zoning Ordinance Map. Warwick Planning Department and Planning Board are hereby authorized to carry out the purposes of the City Centre Warwick Station Development District.
All development within the Development District shall be reviewed and approved by the Warwick Planning Department and/or Warwick Planning Board as a Land Development Project as defined in subsection 200.87 entitled Land Development Project and in accordance with the City of Warwick Land Development and Subdivision Review Regulations. The planning department and planning board shall also provide assistance to property owners and the city including the city council, zoning board of review and other agencies on planning issues within the WSDD CCW related to design and site planning and on related issues as it deems appropriate, including the design of public improvements such as street rehabilitation, paving, lighting, sidewalks, curbing and drainage.
301.11A City Centre Warwick Station Intermodal District (Intermodal). Properties mapped in accordance with subsection 303 of this ordinance and which are intended to capitalize on the opportunities resulting from their location in proximity to the Intermodal facility and the Airport terminal, including appropriate complementary uses, pedestrian and vehicular circulation and parking needs, access issues, traffic flow and congestion, lot coverage and height restrictions. The intent of the Intermodal District is to create and sustain an area of regional economic activity consisting of retail, commercial, office and residential uses located on a circulation access spine linking transportation nodes. This area is the core commercial activity area within City Centre Warwick Station Development District. It is intended that this zone have a high quality of design for pedestrian use, infrastructure improvements that will enable a flow of users between different transportation nodes and an appropriate density of associated retail, office, residential and hotel uses.
301.11B. City Centre Warwick Station Gateway District (Gateway). Properties mapped in accordance with subsection 303 of this ordinance and which are intended to serve as transitional areas leading to the Intermodal District of the City Centre Warwick Station Development District from outlying areas, including the Post Road and Airport Road general business districts. The Gateway District is intended to allow limited commercial uses customarily associated with transportation facilities as well as general commercial uses commonly allowed within general business districts. It is intended that this zone have a high quality of design associated with vehicular circulation and appropriate landscaping and architectural design intended to create a separate identity and a cohesive appearance distinguishable from the outlying areas.
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Within each of the districts as designated in subsection 301, there may be overlay districts which are set forth herein due to certain unique natural characteristics and conditions and special areas of the city which require additional regulations, as specified herein, to meet the purposes of this ordinance. Overlay districts are designed to impose supplementary requirements and do not in any manner supersede or replace any requirements of the underlying district. The intent, purposes, and zoning plat map designations of the overlay districts are as follows:
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TABLE 1. USE REGULATIONS
The abbreviated terms used in this table shall have the following meanings:
|
Yes |
The use is permitted by right within the district so designated. |
|
No |
The use is prohibited within the district so designated. |
|
S |
The use is allowed by special use permit only if approved by the zoning board of review in accordance with subsection 906 of this ordinance. |
|
A |
The use is deemed to be an amendment of the zoning ordinance and is allowed only if approved by the city council following the same procedure in subsection 1007. |
Footnotes appear at the end of this table.
The provisions of this ordinance shall not be construed so as to limit or interfere with the construction, installation, operation and maintenance for public utility purposes of water and gas pipes, mains, conduits, electric light and electric power transmission and distribution lines, telephone lines, cable television lines, oil pipe lines, sewer mains, and incidental appurtenances and installations.
Buildings within the district may be constructed, altered, enlarged, or reconstructed for one or more of the uses as listed in the Table of Use Regulations and uses customarily considered accessory to such uses with certain additional location and size requirements:
|
Zoning Districts |
OS |
A-40 |
A-15 |
A-10 |
A-7 |
O |
WB |
GB |
LI |
GI |
Inter- |
Gate-way |
Village |
|
100. |
Residential uses: |
||||||||||||
|
101. Detached single-family dwelling unit |
No |
Yes |
Yes |
Yes |
Yes |
Yes (1) |
No |
Yes (1) |
No |
No |
No |
No |
Yes |
|
101.1 Two-Family |
No |
S |
S |
S |
S |
S |
No |
S |
No |
No |
No |
No |
Yes |
|
102. A two-family, three-family or four-family dwelling in a development containing four or less dwelling units |
No |
No (3) |
No (3) |
No (3) |
No (3) |
No (3) |
No |
No (3) |
No |
No |
No |
No |
Yes |
|
102.1 A multifamily dwelling in a development containing between five and ten dwelling units |
No |
No (3) |
No (3) |
No (3) |
No (3) |
No (3) |
No |
No (3) |
No |
No |
Yes (23) |
Yes |
S |
|
[…] |
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|
800. |
Light industry: |
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[…] |
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807. Ministorage and mini-warehouse facility |
No |
No |
No |
No |
No |
No |
No |
S No |
S |
Yes No |
No |
No |
No |
|
[…] |
|
|
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Footnotes:
(1) Subject to all the dimensional requirements in the A-7 district.
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(3) Eligible for PDR or PDR-L overlay designation, subject to all the requirements for planned district residential (PDR) and (PDR-L) planned district residential – limited in subsection 308.
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(23) Subject to planning board approval as a component of a larger mixed-use development within a multistory building. This use is prohibited as a principal use.
(24) Allowed as a component of mixed-use development within a multi-story building with this actual use code composing no more that 25 percent of the total gross floor area of the entire building. This use is prohibited as a principal use within a new single story structure. This use may be approved as an interim use within a single story building or structure which was lawfully existing or established prior to January 2012 if approved by the Planning Board in conformance with the WSDD CCW design standards and the Zoning Board as a special use permit, if applicable.
(25) Allowed within a building that is at least two stories in height. This use may be approved as an interim use within a single story structure which was lawfully existing or established prior to January 2012 subject to approval by the planning board in conformance with the WSDD CCW design standards.
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The boundaries of said districts including all overlay districts are hereby established as shown on the assessor's plats of the City of Warwick, each entitled "zoning plat map," which are adopted as part of this ordinance and which are on file in the office of the city clerk.
303.1. Split lots. Wherever a district boundary splits a lot into two or more separate zoning districts, the proposed use shall be permitted only if it is allowed in the district in question. The dimensional requirements for such permitted use shall be determined by the district in which it is located. Where a proposed use is permitted in two or more districts on the same lot, the dimensional requirements, other than density, shall be determined by the district's dimensional regulations which represent 50 percent or more of the lot or contains the most lot area, except as provided in subsection 405.4(D). For density requirements, all portions of the lot shall be calculated proportionately.
303.2. Interpretation. Where, due to the scale, lack of detail or illegibility of the zoning plats maps of the City of Warwick, it shall be determined that the boundary lines of districts are lot lines, centerlines of streets or such lines extended, railroad right-of-way lines, or the centerlines of watercourses. Questions concerning the text of this ordinance and the exact location of district boundary lines as shown on the zoning plats maps shall be decided by the building official. Any person aggrieved by such interpretation of the building official may appeal such interpretation to the zoning board of review.
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304.5. More than one nonresidential use or building on a lot. More than one nonresidential structure may be allowed on a single lot within appropriately zoned nonresidential districts if devoted to the same actual use. Upon application to the zoning board of review, a special use permit may be granted in accordance with subsection 906 of this ordinance, where more than one actual use on a lot may be requested, provided however that such uses shall be only those that are permitted within the district in question. In both instances, principal front and rear walls of a building shall be at least 40 feet from any wall of another building. Any side wall of a building may not be less than 25 feet from any side wall of another building. More than one nonresidential use and/or structure is allowed on a single lot within the Warwick Station Intermodal and Gateway Districts without zoning board of review approval being necessary, provided however, that such uses may be only those that are permitted in the district in question.
More than one nonresidential use or more than one residential use and non residential use is allowed on a single lot or building within a village district without zoning board of review approval being necessary provided that such uses may be only those that are permitted in the district and provided that each establishment shall not exceed 3,000 square feet. The floor area of buildings within the district may be used for more than one permitted use, whether such uses are allowed by right, or by special permit authorized by the zoning board of review; provided, however, that the building and lot meet the most restrictive dimensional requirements applicable to the individual uses.
The ground floor of a multiuse building shall be used for allowed commercial uses and as a lobby or access for upper storey uses. Upper stories shall house residential uses, if applicable.
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304.11. “Adaptive reuse”. Notwithstanding any other provisions of this chapter, adaptive reuse for the conversion of any commercial building, including offices, schools, religious facilities, medical buildings, and malls into residential units or mixed use developments which include the development of at least fifty percent (50%) of the existing gross floor area into residential units, shall be a permitted use and allowed by specific and objective provisions of a zoning ordinance, except where such is prohibited by environmental land use restrictions recorded on the property by the state of Rhode Island department of environmental management or the United States Environmental Protection Agency preventing the conversion to residential use.
(A) The specific zoning ordinance provisions for adaptive reuse shall exempt adaptive reuse developments from off-street parking requirements of over one space per dwelling unit.
(B) Density.
(1) For projects that meet the following criteria, zoning ordinances shall allow for high density development and shall not limit the density to less than fifteen (15) dwelling units per acre:
(a) Where the project is limited to the existing footprint, except that the footprint is allowed to be expanded to accommodate upgrades related to the building and fire codes and utilities; and
(b) The development includes at least twenty percent (20%) low- and moderate-income housing; and
(c) The development has access to public sewer and water service or has access to adequate private water, such as a well and and/or wastewater treatment system(s) approved by the relevant state agency for the entire development as applicable.
(2) For all other adaptive reuse projects, the residential density permitted in the converted structure shall be the maximum allowed that otherwise meets all standards of minimum housing and has access to public sewer and water service or has access to adequate private water, such as a well, and wastewater treatment system(s) approved by the relevant state agency for the entire development, as applicable, The density proposed shall be determined to meet all public health and safety standards.
(C) Notwithstanding any other provisions of this chapter, for adaptive reuse projects, existing building setbacks shall remain and shall be considered legal nonconforming, but no additional encroachments shall be permitted into any nonconforming setback, unless otherwise allowed by zoning ordinance or relief is granted by the applicable authority.
(D) For adaptive reuse projects, notwithstanding any other provisions of this chapter, the height of the existing structure, if it exceeds the maximum height of the zoning district, may remain and shall be considered legal nonconforming, and any rooftop construction shall be included within the height exemption
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305.1. Administrative procedure. Overlay districts may be enacted by the city council following full compliance with this subsection.
(A) Preapplication conference. The applicant for an overlay district is required to submit written and graphic descriptions of his/her proposed development to the department of city plan. The plan shall include the location and areas of all open spaces, building area, recreational areas, and parking spaces. The preapplication conference is intended to allow [the] department to:
(1) Acquaint the applicant with the comprehensive plan and any specific plans that apply to the site, as well as this and other ordinances that affect the proposed development;
(2) Suggest improvements to the proposed design on the basis of a review of the sketch plan;
(3) Advise the applicant to consult appropriate authorities on the character and placement of public utility services; and
(4) Help the applicant to understand the steps to be taken to receive approval.
(B) Development plan review prerequisite for approval. Any amendment to this zoning ordinance by which an overlay district would be established shall be considered and/or enacted only after a development plan for said overlay district shall have been received and given a recommendation by the planning board of the City of Warwick.
(C) Application to city council for a change of zone. In order for an overlay district to be established, the city council must amend the "zoning plat map" as defined in subsections 303 and 1007 of this ordinance.
(D) Final site plan submission. After a change of zone by the city council, the applicant shall submit copies of the complete and final site plan for the overlay district as approved by the city council, with any modifications thereto, to the building official, who shall forward such plan to the director of city plan for review.
(E) Action on the site plan. Not more than 30 days after receipt of the development plan, the director of city plan shall determine whether the proposed development complies with all requirements of the this zoning ordinance, the comprehensive plan and all modifications imposed by the city council. The site plan submitted for final review must be in substantial conformity with the plan approved by the city council, provided the number of dwelling units and/or the number and gross floor area of buildings does not change. The director of city plan shall notify the building official in writing that the plan meets the requirements of the zoning ordinance.
(F) Change of approved site plan. If the applicant wants to make any amendment to an approved development plan, a written request shall be submitted to the building official. The building official shall forward such plan to the director of city plan for review. If in the opinion of the director of city plan a requested change is sufficiently substantial, the building official shall require that the applicant repetition the city council according to the procedures outlined in this subsection.
(G) Duration of approval. Any amendment to this zoning ordinance by which an overlay district is established may be repealed by the city council one year from the date of its enactment unless a building permit for construction in the overlay district shall have been issued. The action to repeal shall be in accordance with subsection 1007 of this ordinance. The zoning classification of any overlay district which has been repealed shall revert to the classification in effect before the enactment of the appropriate overlay district amendment.
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306.4. Administrative procedure. The institutional-health care (IH) overlay district may be enacted by amendment to the "zoning plat map" upon application to the city council. The procedures described in subsections 305.1 and 305.2 shall govern the approval process for the institutional-health care (IH) overlay district.
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307.4. Administrative procedure. The institutional-educational (IE) overlay district may be enacted by amendment to the "zoning plat map" upon application to the city council. The procedures described in subsections 305.1 and 305.2 shall govern the approval process for the institutional-educational (IE) overlay district.
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308.2. Design standards. Multiple-family dwellings shall be permitted only in planned district residential (PDR) and planned district residential-limited (PDR-L) overlay districts and shall be subject to the following minimum requirements:
(A) Building design. Applicants are encouraged to design buildings with varied setbacks and/or varied siting to prevent parallel rows of identical buildings. Principal front or rear walls of a building shall be at least 40 feet from any wall of another building. Any side wall of a building may not be less than 30 feet from any side wall of another building.
(B) Compatibility. The basic design, including proposed style and materials, of the proposed buildings, the relationship between the proposed buildings and the site, and the overall physical appearance of the developments shall be in general harmony with the character of the surrounding residential neighborhood and shall not serve to blight or detract from abutting residences or other property.
(C) Relation to utilities and public facilities. Public sewers, shall be required for all developments of ten dwelling units or more and shall be installed by the applicant. Water lines, storm and surface drainage systems and other utility systems must exist or shall be installed by the applicant.
(D) Relation to transportation. Developments of five units or more shall be located along or provide direct access to major streets and highways.
(E) Off-street parking and landscaping. A minimum of two parking spaces per dwelling unit shall be provided for developments of four (4) units or less and a minimum of two and one-half parking spaces per dwelling unit shall be required for developments of five or more. Off-street parking shall be appropriately landscaped within each parking area as required in section 700. No outdoor parking space is permitted within any required front or corner side yard and no outdoor parking space or driveway is permitted within 15 feet of any residential building. No outdoor parking space or driveway is permitted within ten feet of any property line. A ten-foot-wide border of grass, vegetation, or other live ground cover is required around the entire perimeter of the site, except for any curb cuts. For standards, see section 505.
(F) Vehicular and pedestrian access points. All developments shall provide the required minimum frontage along an improved and accepted city street. Principal vehicular access for developments of five or more dwelling units shall be from major streets, and access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Merging and turnout lanes as well as traffic dividers shall be provided where existing or anticipated heavy flows indicate need as determined by the planning [sic] director of city plan. In no event shall streets within a planned development connect to streets outside the development in such a way as to encourage use of minor streets for through traffic.
Access for pedestrians and bicyclists entering or leaving the PDR overlay district shall be so arranged as to provide safe and convenient routes. Such ways need not be adjacent to or limited to the vicinity of vehicular access points. Pedestrian crossings at edges of the development shall be safely located, marked and controlled. Where there is substantial exposure of pedestrian to vehicular traffic at the edges of the district, fences or other barriers shall be erected and maintained to prevent pedestrian crossings except at designated points. Bicycle and/or bridle paths, if provided, shall be coordinated with the pedestrian way system so that bicycle, horse and pedestrian street crossings are combined.
(G) Yards. The location of buildings and structures in the PDR overlay district shall be regulated by subsection 308.3, Development standards. Lots located in more than one zoning district shall be regulated by subsection 303.1.
(H) Screening. Fences, walls, and/or vegetative screening shall be provided along edges of PDR overlay districts, to protect residents or visitors to such developments from undesirable views, glare, noise or other off-site influences or to protect residents or visitors in adjoining residential districts from similar adverse influences within the PDR overlay district. In both cases, screening shall be designed to control existing or potential adverse views from existing or potential first-floor residential windows in the PDR overlay district or other residential districts. In particular, the following shall be screened:
(1) Off-street parking areas containing more than ten parking spaces. When nearest portions of noncontiguous parking areas are separated by less than 50 feet of landscaped space, as measured from their nearest points, they shall be considered as combined for computing the number of spaces.
(2) Service areas for storage and collection of trash and garbage.
(3) Utility areas such as sewage pumping stations, electric utility substations and the like.
308.3. Development standards. The number of units per acre, dimensions, and other requirements, shall vary according to the district in which it is located. The following tables establish the minimum requirements or maximum allowances for each district:
SUBSECTION 308.3 DEVELOPMENT STANDARDS FOR
PLANNED DISTRICTRESIDENTIAL (PDR)
|
Permitted Uses in |
A-7 (1) |
A-10 (2) |
A-15 (3) |
A-40 (4) |
|
Minimum lot area (square feet) |
40,000 |
55,000 |
80,000 |
160,000 |
|
Maximum density, dwelling units/acre |
12 |
9 |
6 |
3 |
|
Minimum frontage (feet) (5) |
175 |
200 |
250 |
300 |
|
Minimum lot width (feet) (5) |
175 |
200 |
250 |
300 |
|
Minimum front and corner side yard (feet) |
35 |
40 |
45 |
45 |
|
Minimum side yard (feet) |
25 |
30 |
35 |
35 |
|
Minimum rear yard (feet) |
35 |
40 |
45 |
45 |
|
Maximum building height (feet) |
35 |
35 |
35 |
35 |
|
Minimum landscaped open space |
15% |
20% |
25% |
30% |
Footnotes:
(1) For underlying districts A-7, O, and GB.
(2) For underlying districts A-10.
(3) For underlying districts A-15.
(4) For underlying districts A-40.
(5) For lots fronting on any cul-de-sac, both the minimum frontage and lot width shall be at least 80 percent of the minimum requirement.
SUBSECTION 308.3(A) DEVELOPMENT STANDARDS FOR
PLANNED DISTRICT RESIDENTIAL-LIMITED (PDR-L)
|
PDR-L Two-family (total of two dwelling units on the lot) |
A-7, O, GB |
A-10 |
A-15 |
A-40 |
|
Minimum lot area (square feet) |
10,500 |
15,000 |
22,500 |
60,000 |
|
Minimum frontage (feet) (1) |
70 |
100 |
125 |
150 |
|
Minimum lot width (feet) (1) |
70 |
100 |
125 |
150 |
|
Minimum front and corner side yard (feet) |
25 |
30 |
35 |
45 |
|
Minimum side yard (feet) |
15 |
20 |
25 |
35 |
|
Minimum rear yard (feet) |
20 |
30 |
35 |
45 |
|
Maximum structure height (feet) |
35 |
35 |
35 |
35 |
|
Minimum landscaped open space |
10% |
10% |
15% |
20% |
Footnotes:
(1) For lots fronting on any cul-de-sac, both the minimum frontage and lot width shall be at least 90 percent of the minimum requirements.
|
PDR-L Multiple-family dwellings with a total of three to nine dwelling units |
A-7, O, GB |
A-10 |
A-15 |
A-40 |
|
Minimum lot area (square feet) (1) |
20,000 |
30,000 |
40,000 |
60,000 |
|
Maximum density (dwelling units per acre) |
9 |
7 |
5 |
3 |
|
Minimum frontage (feet) (2) |
135 |
155 |
175 |
200 |
|
Minimum lot width (feet) (2) |
135 |
155 |
175 |
200 |
|
Minimum front and corner side yard (feet) |
30 |
35 |
35 |
45 |
|
Minimum side yard (feet) |
20 |
25 |
25 |
35 |
|
Minimum rear yard (feet) |
30 |
35 |
35 |
45 |
|
Maximum structure height (feet) |
35 |
35 |
35 |
35 |
|
Minimum landscaped open space |
20% |
25% |
30% |
20% |
Footnotes:
(1) Actual lot sizes may need to be larger depending on the number of dwelling units proposed.
(2) For lots fronting on any cul-de-sac, both the minimum frontage and lot width shall be at least 90 percent of the minimum requirements.
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310.3. Floodways adopted. Floodways are those portions of the flood hazard overlay district which must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one foot at any point. The floodway areas designated by the Federal Emergency Management Agency on the "Floodway Boundary Map—City of Warwick, Rhode Island, March 15, 1982" or any amendment thereto are incorporated in the "zoning plat map" in accordance with section 303 of this ordinance and are the areas to which the floodway encroachment regulations of subsection 310.4 of this ordinance shall apply.
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310.6. Velocity (VE) zone areas designated. Velocity (VE) zone areas are defined as those areas within the flood hazard overlay district that are located along the city's coastline which are subject to high-velocity waters from hurricane wave wash and wave run-up as designated on the "zoning plat map" as provided in section 303 of this ordinance.
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311.1. District boundaries. The historic overlay districts are established as shown on the "zoning plat map" as provided in section 303 of this ordinance, and include those areas established by request of the owner and those areas established by the city council through enactment of amendments to the "zoning plat map."
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SECTION 400. – NONCONFORMANCE
A nonconformance is a building, structure, sign, or parcel of land, or use thereof, which was lawfully existing at the time of the adoption or amendment of this zoning ordinance, and not in conformity with the provisions of such ordinance or amendment.
401.1. Lawfully existing or established. A building, structure, sign, or parcel of land, or use development thereof, was lawfully existing or lawfully established if it was in existence prior to March 22, 1957, or was established in conformance with the zoning ordinance in effect at the time the use was first established. For the purposes of this ordinance, the placement or use of a sign, with or without any other structure or use, is considered a use of land. A lot was lawfully existing or lawfully established if it was of record or shown on a recorded plat prior to March 27, 1957 and was separately owned.
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404.1. Continuance. The lawfully established nonconforming use development of land, where no building is involved, may be continued, provided that no such nonconforming use development of land shall in any way be expanded or intensified either on the same or adjoining property.
404.2. Change of use development. The nonconforming use development of land shall not be changed to a different use development, unless such use development conforms to the use development regulations of the zone in which it is located.
404.3. Private residential areas. An existing dwelling located on tax assessor's plat 305, lot 58 (Spring Green/Gaspee Point), plat 315, lot 136 (Cole Farm), plat 369, lot 111 (Buttonwoods Beach) and plat 380, lot 3 (Rocky Beach) may be enlarged or altered upon receipt of a building permit without approval from the zoning board of review being necessary; provided that such construction complies with current applicable building codes, private covenants/declarations, and the front and corner side yard and rear yard requirements of table 2A, Dimensional Regulations, for the district in which it is located.
405.1. Enlargement of undersized lots. Lawfully established lots which have less than the minimum area requirements may be maintained and may be changed by adding additional land to such lots without prejudice to the rights of the owner of such lots pursuant to the provisions of this section.
405.2. Merger of abutting nonconforming lots. If two or more abutting nonconforming lots are held in the same ownership as of June 20, 1988 or subsequent thereto, such lots shall be combined for the purposes of this ordinance in order to conform or more nearly conform to any of the dimensional requirements of this ordinance for the district in which the lots are located and such lots shall not be sold separately.
Notwithstanding the failure of that lot or those lots to meet the dimensional and/or quantitative requirements, and/or road frontage or other access requirements, applicable in the district as stated in the ordinance, a substandard lot of record shall not be required to seek any zoning relief based solely on the failure to meet minimum lot size requirements of the district in which such lot is located. The setback, frontage, and/or lot width requirements for a structure under this section shall be reduced and the maximum building coverage requirements shall be increased by the same proportion as the lot area of the substandard lot is to the minimum lot area requirement of the zoning district in which the lot is located. All proposals exceeding such reduced requirement shall proceed with a modification request under § 45-24-46 or a dimensional variance request under § 45-24-41, whichever is applicable.
Provisions may be made for the merger of contiguous unimproved, or improved and unimproved, substandard lots of record in the same ownership to create dimensionally conforming lots or to reduce the extent of dimensional nonconformance. The ordinance shall specify the standards, on a district by district basis, which determine the mergers. The standards include, but are not to be limited to, the availability of infrastructure, the character of the neighborhood, and the consistency with the comprehensive plan. The merger of lots shall not be required when the substandard lot of record has an area equal to or greater than the area of fifty percent (50%) of the lots within two hundred feet (200') of the subject lot, as confirmed by the zoning enforcement officer.
405.3. Subdivision of merged lots. A lot which has been created by the merger of two or more nonconforming lots, as provided for in subsection 405.2, may be subdivided or combined with other lots and subdivided, provided that approval is given by the planning board., and provided that the following requirements are met:
(A) In all zones, where any portion of the lot is within the "coastal zone" as defined by the Rhode Island coastal resources management council, all dimensional requirements for the zone, including without limitation, area, frontage and lot width, shall be met.
(B) In the A-7 zone, all dimensional requirements for the zone, including, without limitation, area, frontage and lot width, shall be met.
(C) In the A-10, A-15 and A-40 zones, if public water and sewer is provided, then the minimum lot area, frontage and lot width of the resulting lot or lots may be reduced to not less than 80 percent of the requirements for the zone. If public water is not provided, then all dimensional requirements for the zone, including, without limitation, area, frontage and lot width, shall be met.
405.4. Residential use of nonconforming lots. In any district in which dwellings are permitted, a dwelling may be erected, enlarged, or altered on a nonconforming lot or on two or more abutting nonconforming lots subject to the following:
(A) Where such lot or lots contain less than 7,000 square feet, or have less than 50 feet of frontage, it shall be necessary for the owner thereof to receive from the zoning board of review a dimensional variance in order to construct a new dwelling thereon; and the zoning board of review shall designate the maximum size of the dwelling to be placed thereon and its location on said lot or lots and any other conditions it deems reasonably necessary to promote the purposes of this ordinance.
(B) Where such lot or lots contain 7,000 square feet or more, and have a minimum frontage of at least 50 feet, a new dwelling may be constructed thereon without approval from the zoning board of review being necessary provided that such construction complies with the front and corner side yard, side yard and rear yard requirements of table 2A, Dimensional Regulations, for the district in which such lot is located.
(C) Where there is an existing dwelling on a nonconforming lot prior to the effective date of this ordinance or any amendment thereto, such dwelling may be enlarged or altered without approval from the zoning board of review being necessary provided that such alteration or enlargement complies with the front and corner side yard, side yard and rear yard requirements of table 2A, Dimensional Regulations, for the district in which such lot is located.
(D) Any vacant lot in a residence district or any existing dwelling on a lot in a residence district made nonconforming by the adoption of this ordinance or by the adoption of the predecessor to this ordinance on June 20, 1988, may be built upon, enlarged or altered after the effective date of such ordinance provided that the construction, alteration or enlargement complies with the front and corner side yard, side yard and rear yard requirements of table 2A, Dimensional Regulations, for the district in which such lot was formerly located, provided that the requirements of subsection 405.2 are met, if applicable.
405.5. Nonresidential use of nonconforming lots. In any district where nonresidential uses and structures are permitted, such structure may be erected, enlarged, or altered on a nonconforming lot with at least 50 feet of frontage provided that such alteration, enlargement or construction complies with the front and corner side yard, side yard and rear yard setback requirements of table 2B, Dimensional Regulations, for the district in which such lot is located and further provided that the requirements of subsection 405.2, and of sections 505 and 700 are met, if applicable.
A building or structure is considered nonconforming by parking if the lawfully established use of the building or structure does not meet the parking requirements of section 700.
406.1. Addition, enlargement, expansion and intensification. Any building or structure nonconforming by parking may not be added to, enlarged, expanded or intensified, unless brought into full compliance with the parking requirements of section 700, such that sufficient parking is provided for the entire structure including the original portion and the addition, enlargement, expansion or intensification.
406.2. Change of use. A building or structure nonconforming by parking may be changed to a different use other than residential use, pursuant to all other provisions of this ordinance, provided that such new use meets the following parking requirements. The number of additional parking spaces required shall be the difference between the number of spaces required for the proposed use and the number of spaces required for the previous use. In the event that the new use requires less parking spaces than the previous use, no additional parking spaces need be supplied. However, none of the existing parking spaces shall be eliminated unless the total number of spaces required by this ordinance for the new use are provided.
Any existing nonresidential use that is nonconforming as to the minimum landscaped open space requirements of this ordinance or the landscaping and screening requirements of subsection 505 may be enlarged in terms of gross floor area, volume, or use without satisfying such landscaping requirements provided that such enlargement is less than or equal to a 25 percent increase of the structure or use of the lot. Any such enlargement exceeding such 25 percent increase shall comply with such landscaping requirements for the entire lot and use.
SECTION 500. - SPECIAL REGULATIONS
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502.1. Purpose. The purpose of the land development project, as established by state statute, is to review proposed developments to determine compliance with the standards and intent of this Ordinance and the development review regulations adopted by the Planning Board pursuant to R.I.G.L. 45-23.
502.2. Authority. The Planning Board may approve a land development project. The Planning Board may also approve modifications to dimensional standards. The Planning Board may also approve variances and special use permits through unified development review. No demolition, foundation, or building permits will be issued, and no site work will be allowed for any development requiring approval of a land development project until the Planning Board has approved the final plan.
502.3. Applicability. Any development that meets one or more of the following criteria is considered a land development project:
(A) New construction of 10,000 square feet or more in gross floor area.
(B) Additions or enlargements to structures where the new gross floor area of the addition or enlargement is 10,000 square feet or more.
(C) Construction of new gross floor area that creates 10 or more dwelling or rooming units.
(D) Development of 50 or more new parking spaces.
(E) Developments that warrant changes in traffic signalization or degradation in level of service.
502.4. Procedure. All land development projects, including requests for unified development review, shall be reviewed by the Planning Board according to the “Development Review Regulations” adopted by the Planning Board pursuant to R.I.G.L. 45-23.
502.5. Adjustments of Dimensional Regulations. The Planning Board has the authority to make adjustments to certain dimensional and design standards through land development project review when one or more of the following occur:
(A) Where open space is permanently set aside for public or common use.
(B) Where the physical characteristics, location, or size of the site require an adjustment.
(C) Where the location, size, and type of use require an adjustment.
(D) Where the required build-to percentage requires an adjustment.
(E) Where design standards require an adjustment.
(F) Where housing for low- and moderate-income families is provided.
(G) Where other amenities not required are provided, as stipulated in this Ordinance.
(H) Where structured parking is provided.
(I) Where vertical mixed-use development is provided, of which at least 50% is devoted to
residential use.
402.6. Staff Level Development Plan Review.
(A). Purposes. The purpose of staff level development plan review is to authorize the Building Official and Planning Director to review proposed developments with minor land use impacts, to determine compliance with this Ordinance.
(B) Authority. Staff Level Development Plan Review may approve a project subject to development plan review.
(C) Applicability. The Staff Level Development Plan Review Committee reviews the following types of development:
(1) Any development or redevelopment on a lot or lots within a commercial or
industrial zone that does not abut residential uses.
(2) Any new pavement with an area of 10,000 square feet or less.
(3) Any development that includes a drive-through facility.
(4) Projects within commercial or industrial areas that do not cause degradation in level of service in terms of traffic circulation with respect to surrounding streets.
(D) The following types of development are not subject to development plan review by the Staff level Development Plan Review:
(1) Any development that requires land development project review or development plan review by the Planning Board.
(E) Procedure. The Staff Level Development Review Committee shall begin development plan review within 30 days of submittal of a complete application. The Staff Level Development Plan Review Committee shall, within 60 days of submittal of a complete application, review and evaluate the plan, pursuant to the standards of this Ordinance, all plans, and drawings submitted as part of the application for a building permit shall reflect those conditions.
(F) Modifications to Staff Level Development Plan Review. Modifications to a plan approved through Staff Level Development Plan Review shall be submitted as a new Development Plan Review application.
502.7. Planning Board Development Plan Review.
(A) Purpose. The purpose of Planning Board Development Plan Review is to review proposed developments to determine compliance with this Ordinance.
(B) Authority. The Planning Board may approve a project subject to development plan review.
(C) Applicability. The Planning Board reviews all types of development not subject to staff level reviews.
(D) Procedure. The Planning Board shall begin development plan review within 30 days of submittal of a complete application. The Planning Board shall, within 60 days of submittal of a complete application, review and evaluate the plan, pursuant to the standards of this Ordinance, and approve, approve with conditions, or deny the plan. If approved subject to certain conditions, all plans, and drawings submitted as part of the application for a building permit shall reflect those conditions.
(E) Modifications to Planning Board Development Plan Review. Modifications to a plan approved through Planning Board Development Plan Review shall be
submitted as a new development plan review application.
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There shall be a minimum setback of 50 feet from any freshwater wetland as defined by the Rhode Island department of environmental management in a wetlands edge verification. This setback shall apply to all structures, paved roadways and parking areas, other impervious surfaces, individual sewage disposal systems, and underground utilities. However, it shall not apply to docks, piers, boat launching ramps or similar structures.
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The intent of the City Centre Warwick Station Development District ("WSDD(“CCW") is to encourage, guide and direct development and to ensure that the character presented in the City Centre Warwick Station Development District Master Plan, as amended, is maintained and that mixed uses provide for the health and growth of the Development District. The construction and design of buildings and open spaces shall be regulated and approved in accordance with the provisions of the City Centre Warwick Station Development District Master Plan.
Specific components of this purpose include:
507.1. Procedures for approval.
(a) Application. Before a property owner applies for a building permit or commences improvements including the construction, reconstruction, alteration, repair, demolition, removal and/or rehabilitation of new or existing buildings, or appurtenances (paving, curb cuts, parking areas, drainage, etc.) within the WSDDCCW, a written application for such work and appropriate development plans shall be submitted to the Planning Department.
The administrative officer to the planning board shall have the authority to review an application and approve, approve with conditions or deny any application administratively or, at his/her discretion, may forward the application to the planning board for review and action pursuant to the provisions of this section of the zoning ordinance and no building permit shall be issued before a project receives design approval from either the administrative officer or the planning board.
(b) Administrative approval. The following shall not require formal planning board approval and may be approved administratively by the administrative officer. Any application denied by the administrative officer may be appealed by the applicant to the planning board for action at the next available meeting of the planning board.
(1) Work meant to remedy damage or deterioration of a structure or its appurtenances which involves no change in type of materials, dimensions, design, configuration, texture or visual appearance;
(2) Exterior alterations to existing buildings, parking areas and appurtenances that require a building permit.
(3) Business enhancement plantings.
(4) Signs that conform to all of the requirements contained section 800 "signs."
(c) Planning board review. The planning board shall review all applications including, but not limited to, new construction, additions, moving of structures and demolition of buildings. Such review shall be held during a regular Planning Board meeting in accordance with the procedures contained in the City of Warwick Land Development Subdivision Review Regulations.
(d) Determination. The planning board shall be authorized to approve, approve with conditions or deny an application. Approval shall be based upon conformance with the regulations of this section, the City Centre Warwick Station Development District Master Plan, as amended, City of Warwick Development Review Regulations and the WSDDCCW Design Manual.
(e) Advice from other agencies. In order to assist in its review, the planning board may request other agencies to review and comment on proposals. Compliance with the Design Guidelines of the WSDDCCW Master Plan and Ordinance shall be determined by the planning board or a designated design review subcommittee. This process may be assisted by a third party peer review consultant to provide design review on an on-call basis at the request of the applicant or the board, provided that the proper findings of fact have been made. This consultant may be selected by the applicant subject to prior approval from the board. The consultant shall have demonstrated a satisfactory knowledge of the design principles, fundamentals and objectives as contained within the WSDDCCW Master Plan. The total fee for the third party peer review shall be paid by the applicant before the application receives final approval.
507.2. Design regulations for alterations and enlargements of existing buildings, parking areas and/or landscaping. All exterior improvements on existing buildings in the WSDDCCW are subject to approval by the administrative officer or planning board and shall be regulated by these standards and guidelines except for those activities listed in section 507.1(b) administrative approval. The purpose of these regulations and the WSDDCCW Design Manual is to establish design criteria to create and maintain the architectural and landscape features of the district envisioned in the City Centre Warwick Station Development District Master Plan.
(a) Minimum standards. The following are minimum standards for the design of alterations or additions to existing buildings:
(1) Design. Alterations and additions to existing buildings shall follow the design standards defined within the City Centre Warwick Station Development District Master Plan and further detailed within the WSDDCCW Design Manual. All designs shall be compatible with the size, scale, massing, proportion, material, and other features and environmental setting of a pedestrian-scaled urban development.
(2) Additions and alterations. Wherever possible, additions or alterations to buildings, structures, and appurtenances shall be designed in a manner that transforms existing buildings to conform to the character of the district in compliance with the standards for new construction listed in section 507.3.
(3) Exterior lighting and glare. All exterior lighting shall be designed to minimize negative impacts on neighboring properties. Night sky pollution shall be controlled by downshaded lighting or shielded lighting. All lighting shall be based upon a pedestrian scale appropriate for the City Centre Warwick Station Development District setting. Glare from outdoor lights and signs and from the movement of vehicles on site shall be shielded from the view of adjacent residential properties.
(4) Landscaping and screening. Landscaping and screening requirements for the City Centre Warwick Station Intermodal and Gateway Districts. It is the intent of this subsection to require that properties within the City Centre Warwick Station Intermodal and Gateway Districts be suitably landscaped and screened in order to provide for attractive and well maintained development in accordance with section 103, purpose of this ordinance. All uses in the City Centre Warwick Station Intermodal and Gateway Districts shall comply with the minimum standards contained in section 505, landscaping and screening requirements for nonresidential uses; the landscaping and screening requirements specified in section 700, parking and loading; as well as the guidelines found in the WSDDCCW Design Manual.
507.3. Design regulations for new construction, parking, landscaping, stormwater control, and signage. All new construction in the WSDDCCW is subject to approval by the planning board and shall be regulated by these standards and guidelines as well as those defined within the City Centre Warwick Station Development District Master Plan, the WSDDCCW Design Manual, and sections 505.2 through 505.5 and 505.7 of section 505, landscaping and screening requirements for nonresidential uses, except for those activities listed in subsection 507.1(b) administrative approval. The purpose of these regulations is to establish design criteria to create a development district which is pedestrian in scale and to ensure that new construction is consistent with the WSDDCCW Master Plan.
(a) Minimum standards. The following are minimum standards for all new construction projects.
(1) Design. Buildings, structures and site layout, shall be visually compatible with the character contained in the City Centre Warwick Station Development District Master Plan and the surrounding area, including building materials, massing, scale, building roof lines, and site furnishings.
(2) Architectural elements. Architectural elements should be in proportion to the overall building and should also be congruent with the surrounding building context. Exaggerated or excessively large (or small) architectural elements should be avoided. Development projects should reuse existing buildings of historical significance whenever possible.
(3) Scale. Large scale development may be encouraged in appropriate areas, but pedestrian level streetscapes shall be included as an integral design element. Conventional suburban-oriented, individual structures with a single entrance set back on a large expanse of asphalt parking are prohibited. New buildings should not be single story, large, bulky masses, but should be verticala in orientation and multi-storied.
(4) Vehicular access. Proposed site layout shall limit direct access to collector and arterial roadways and shall provide safe ingress and egress from local roads and private drives by providing a sufficient number and control of access points including adequate site distances, turning lanes and signalization when required by existing and projected traffic flow. The planning board may require consolidation of existing curb cuts into fewer clearly defined entrances. The planning board may also require shared access between developments where practicable. No development shall be allowed where there is unrestricted access to public streets or roadways or where a public street must be utilized to maneuver in and out of a parking space. Provisions shall be made for providing and maintaining safe and convenient emergency vehicle access to all buildings and structures at all times.
(5) Parking. New construction shall conform to section 700, off-street parking and loading, except for the parking reductions prescribed below:
|
Use |
Requirement Parking Spaces per Unit or Gross Floor Area (GFA) |
|
Office, Bank, Medical and Professional |
1 spaces/300 square feet of GFA |
|
Hotel |
0.75/bedroom |
|
Multifamily residential |
1.5/dwelling unit |
|
Retail/Entertainment |
1/300 square feet of GFA |
Parking structures may be required to satisfy parking space requirements. Due to the pedestrian nature of the Intermodal zone and the use of the Interlink between the Intermodal facility and the airport terminal, the planning board may limit the number of parking spaces provided for each use within the WSDDCCW. In addition, the planning board may limit the ingress and egress points of parking facilities to side streets to ensure that traffic congestion is mitigated so that collector and arterial roadways are not adversely impacted.
(6) Circulation. The design of the project circulation system shall be inclusive of all transportation choices and relate to planned improvements in the area, including future walkways, street widening, realignments, or paving programs which have been planned or scheduled for construction. The design shall be consistent with corridor improvement designs encouraged within the City Centre Warwick Station Development District Master Plan and WSDDCCW Design Manual and promote convenient and safe pedestrian and bicycle transit accessible to all. Small scaled interior streets and drives, alleyways, public spaces, and pedestrian paths shall be encouraged within the district. Such interior circulation shall link to an overall system envisioned in the City Centre Warwick Station Development District Master Plan.
(7) View corridors. Views of significant features such as the new intermodal station, the Elizabeth Mill and the Airport terminal shall be preserved whenever possible.
(8) Utilities. New development shall not impose unreasonable burdens on sanitary sewers, storm-drains, water lines, roadway systems and other public utilities and may be subject to impact studies in accordance with the Warwick Development Review Regulations. Developers shall be responsible for all improvements and upgrades resulting form from a proposed development. All utilities shall be underground.
(a) Public water. All new construction must utilize the City of Warwick water system. Sufficient public water supply must be available for a proposed development and shall not result in an unreasonable burden on the existing water supply.
(b) Sewage disposal. All new construction must utilize the City of Warwick sanitary sewer system. Sufficient sewer capacity must be available throughout the sewer system for a proposed development and shall not result in an unreasonable burden on the existing sewer system.
(c) Stormwater run-off and erosion control. Adequate provisions shall be made for stormwater runoff so that removal of surface water shall not adversely affect neighboring properties, downstream water quality, soil erosion or the storm-drain system. Whenever possible, on site underground infiltration systems shall be utilized to eliminate discharges from the site.
(dc) Traffic impact. Proposed developments shall not impose unreasonable burdens on the circulation system of the district or surrounding areas. Public roadways inadequate to handle the volume of traffic generated by the development shall be improved by the applicant to provide safe, efficient passage for vehicles, pedestrians and cyclists. Developers may be required to provide a traffic impact report prepared by a certified traffic engineer as authorized in the development review regulations.
(9) Security. In the case of significant projects having a substantial impact upon the district, the city, or the surrounding area, the planning board shall require a performance guarantee in accordance with the Warwick Development Review Regulations ensuring that the project will be completed in accordance with the approved plans and any conditions imposed.
(10) Signs. The size, location, design, lighting and materials of all exterior signs and outdoor advertising structures shall be compatible with the design of proposed buildings, structures and surrounding properties. The planning board may limit the size and number of signs for any property, provided however, that at least one sign for each nonresidential lot which meets the standards of the City of Warwick Zoning Ordinance shall be allowed.
(11) Special features. Exposed storage areas, exposed machinery, service areas, loading areas, utility buildings and similar structures shall have sufficient setbacks and screening to provide an audio and visual buffer designed to minimize adverse impacts on surrounding properties.
(12) Exterior lighting and glare. All exterior lighting shall be designed to minimize negative impacts on neighboring properties. Night sky pollution shall be controlled by downshaded lighting or shielded lighting. All lighting shall be based upon a pedestrian scale appropriate for the City Centre Warwick Station Development District setting. Glare from outdoor lights and signs and from the movement of vehicles on site shall be shielded from the view of adjacent residential properties.
507.4 Demolition. In order to create the appropriate architectural and landscape character envisioned in the City Centre Warwick Station Development District Master Plan, no building shall be demolished until the planning board has granted a demolition permit.
(1) Review of application. In reviewing an application for demolition, the planning board shall consider the architectural quality of the existing building and the quality of the site and shall review the proposed landscaping and/or new building to be constructed.
(2) Grant of demolition. A demolition permit shall not be issued until the applicant demonstrates adequate financial ability to demolish the existing structure and landscape the site or construct a new building on the site. The planning board may require a performance guarantee to ensure that all work approved in the grant of demolition is satisfactorily completed.
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SECTION 600. – SUPPLEMENTARY REGULATIONS
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601.1. Accessory building and uses, residential. Accessory buildings and uses, including private garages, in a residence district are permitted which:
(A)Are clearly incidental to and customarily associated with the principal use.
(B) Are operated and maintained under the same ownership and on the same lot as the principal use.
(C) Do not exceed 20 feet in height for detached buildings, excepting ADUs which shall not exceed 24 feet.
(D) Do not contain any dwelling units.
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601.6. Swimming pools. A swimming pool shall conform to the appropriate side, front and rear yard requirements of the particular residence district in which it is located; provided, however, that any filter and pump shall be located not less than 15 feet from the side or rear yard line. The installation or construction of any swimming pool shall require a building permit. Swimming pools are subject to the following requirements:
(A) Swimming pool requirements [for pools] less than 400 cubic feet. All such swimming pools located in a residence district shall comply with the following conditions:
(1) A plan of the lot indicating the allowable accessory use portions thereof within which the pool is to be located must be submitted with the application.
(2) Pool dimensions, depth and volume in gallons must be submitted with the application.
(3) When a filter system and motor is to be used, a plat plan showing the location of the pool and filtering system shall be submitted.
(4) Every outdoor swimming pool shall be completely surrounded by a fence or wall of not less than five feet in height, which shall be so constructed as not to have openings, holes or gaps larger than four inches in any dimension except for doors and gates; and if a picket fence is erected or maintained the horizontal dimensions shall not exceed four inches. A dwelling, accessory building, or the walls of an aboveground pool may be used as part of such enclosure, provided, that the required height of five feet be maintained. All gate and door openings through such enclosure shall be equipped with a self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling or accessory building which forms a part of the enclosure need not be so equipped. Ladders or similar means of entry shall be detached or made inaccessible when the pool is not in actual use. The building official may make modifications in the above fencing requirements upon the showing of a good cause, provided the protection as sought hereunder is not reduced thereby, and provided that it is in compliance with all other city and state regulations.
(5) Whenever a light is installed for evening swimming, it shall be faced and directed away from abutting property and properly shielded.
(B) Swimming pool requirements [for pools] 400 cubic feet or more. In addition to the requirements of subsection 601.6(A), all swimming pools having a capacity of 400 cubic feet or more shall comply with the following additional requirements:
(1) A plot plan indicating the location, topographic elevations and dimensions, drawn to scale, must be submitted.
(2) A drainage plan shall be submitted for approval of the building official.
(3) A filtering system is required, and the type, size and capacity thereof shall be submitted for approval of the building official.
(4) Prior to the issuance of a building permit for the construction of a swimming pool having a capacity of 400 cubic feet or more, a contract performance bond for the benefit of the property owner shall be filed with the building official, such bond to be in an amount equal to the amount stated on the building permit.
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603.1. In residence districts. No fence constructed wholly or in part of barbed wire shall be permitted in residence districts, except upon approval of the zoning board of review. No fence in a residence district may exceed six feet in height unless specifically required by Building or Fire Code. The installation or construction of any fence shall require a building permit.
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All special use permits authorized by sections 300, Table I Use Regulations, 904 and 906.3(C) of this ordinance may be issued by the zoning board of review, or Planning Board in the case of Unified Development Review Applications, in conjunction with a dimensional variance authorized pursuant to Section 906.3 of this ordinance.
If the special use could not exist without the granting of a dimensional variance, the zoning board of review, or Planning Board, shall consider the special use permit and the dimensional variance together to determine if granting the special use is appropriate based on both the special use criteria and the dimensional variance evidentiary standards.
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SECTION 700. – OFF-STREET PARKING AND LOADING
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701.3. Setbacks of parking spaces. No parking space or aisle (backup space) shall be less than ten feet from any front or corner side yard property line (see also subsection 505). No parking space or aisle shall be less than five feet from any building, except where greater setbacks are required by subsection 308.2(D) or subsection 502.3(C). Parking spaces less than ten feet from any building shall be separated from such building by raised curb, bumper or wheel guards. The requirements of this subsection shall not apply to detached single-family dwellings.
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701.6A. Construction requirements for City Centre Warwick Station Intermodal and Gateway districts. Adequate off-street parking and loading shall be provided to prevent on-street traffic congestion. The interior circulation system shall be designed to provide safe and convenient access to all structures, uses and/or parking spaces; parking areas shall be protected with suitable guards, rails, islands, crosswalks, speed bumps, and similar devises deemed necessary by the Planning Board Warwick Station Redevelopment Agency. The layout and design of vehicular and pedestrian circulation, including walkways, interior drives and parking areas, shall provide for safe general interior circulation, separation of pedestrian and vehicular traffic, service traffic, loading areas, and arrangement and use of parking areas.
(A) Parking lots shall be located behind, beneath or within commercial buildings.
(B) Whenever possible, surface level parking lots on adjoining commercial lots shall be connected internally to each other to allow for through traffic between and reducing the need for multiple curb cuts.
(C) Parking lots containing ten or more spaces shall be planted with at least one tree per three spaces, no smaller than two inches caliper and at least five feet in height at the time of planting and shall be of a species characterized by hardiness within the area. Each tree shall be surrounded by no less than 40 square feet of permeable unpaved area.
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SECTION 800. - SIGNS
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806.3. General business (GB), light industrial (LI), general industrial (GI), City Centre Warwick Station Intermodal (Intermodal), and City Centre Warwick Station Gateway (Gateway) districts. The maximum total area of all signs on any structure shall not exceed two square feet per one foot of building frontage. Window signs shall not be included in this calculation. Such signs may be externally or internally illuminated. The maximum area of any individual sign shall be limited as follows:
|
Sign Type |
Area |
Height |
Setback |
Projection |
|
Canopy |
2 per 1 foot of building frontage |
— |
— |
— |
|
Freestanding (1) |
80 per side, not to exceed 160 square feet |
15 |
10 |
6 |
|
Projecting |
20 |
10 |
— |
1 |
|
Roof |
Not permitted |
— |
— |
— |
|
Wall |
2 per 1 foot of building frontage |
— |
— |
— |
|
Window |
2 per window |
— |
— |
0 |
(1) Only one freestanding sign is permitted per street frontage.
807.1. Signs in historic districts. All signs, including window signs, in an historic district shall be subject to approval by the historic district commission.
807.2. Maintenance of signs. All signs shall be maintained, which shall include painting of the sign and sign supports and repair or replacement of broken fixtures including lights. Failure to maintain a sign in a safe condition shall be deemed a violation of this ordinance.
807.3. Signs in the City Centre Warwick Station Intermodal and Gateway Districts. All signs, including window signs, in the City Centre Warwick Station Intermodal and Gateway Districts shall conform to the zoning requirements of section 806.3 and shall be subject to approval by the Warwick Station Redevelopment Agency Planning Board/AO.
807.4 Signs in the village district.
SECTION 900. – ZONING BOARD OF REVIEW
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903.3. Voting. The board shall be required to vote as follows:
(A) Five Four active members, which may include alternates, are shall be necessary to conduct a hearing. As soon as a conflict occurs for a member, that member shall recuse excuse himself/ or herself, and shall not sit as an active member, and shall take no part in the conduct of the hearing. Only A maximum of five (5) active members, which may include alternates, are shall be entitled to vote on any issue.
(B) The concurring vote of three of the five a majority of members of the zoning board of review sitting at a hearing shall be is necessary to reverse any order, requirement, decision, or determination of the HDC or any zoning administrative officer from whom an appeal was taken.
(C) The concurring vote of four of the five a majority of members of the zoning board of review sitting at a hearing shall be is required to decide in favor of an applicant on any matter within the discretion of the board upon which it is required to pass under this ordinance, including variances and special use permits.
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The board shall have the powers and duties:
(A) To hear and decide appeals in a timely fashion within sixty-five (65) days of the date of the filing of the appeal where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative officer or agency in the enforcement of [or] interpretation of this chapter, or of any ordinance adopted pursuant hereto.
(B) To hear and decide appeals from a party aggrieved by a decision of the historic district commission (HDC), pursuant to section 906.4.
(C) To authorize upon application, in specific cases of hardship, variances in the application of the terms of this ordinance.
(D) To authorize upon application, where specified in this ordinance, special use permits.
(E) To refer matters to the planning board, planning department, or to other boards or agencies of the city as the board may deem appropriate, for findings and recommendations.
(F) To provide for issuance of conditional zoning approvals where a proposed application would otherwise be approved except that one or more state or federal agency approvals which are necessary are pending. A conditional zoning approval shall be revoked, upon motion of the board, after a public hearing with due notice, in the instance where any necessary state or federal agency approvals are not received within a specified time period.
(G) To hear and decide appeals where the board is appointed as the board of appeals for airport zoning regulations pursuant to G.L. 1956, § 1-3-19.
(H) To hear and decide such other matters, according to the terms of this ordinance or other statutes, and upon which the board may be authorized to pass under this ordinance or other statutes.
The building official is hereby empowered to hear and grant modifications. Submission requirements for applications for such modifications shall be in accordance with subsection 903.2 as determined by the building official provided that references to the zoning board shall refer to the building official.
(A) A modification shall be granted for fifteen percent (15%) or less of the dimensional requirements specified in this ordinance and may be requested for adjustments or deviations not exceeding 25 percent of any of the requirements of table 2, Dimensional Regulations, or dimensional or quantitative requirements of parking, signs, landscaping and other similar requirements of this ordinance (but excluding the moving of lot lines and lot area and density which are subject to the requirements [of] this ordinance).
(B) Upon an affirmative determination, in the case of a modification of five percent (5%) or less, the zoning enforcement officer shall have the authority to issue a permit approving the modification, without any public notice requirements. In the case of a modification of greater than five percent (5%), the zoning enforcement officer shall notify, by first class mail, all property owners abutting the property which is subject of the modification request, and shall indicate the street address of the subject property in the notice, and shall publish in a newspaper of local circulation within the city that the modification will be granted unless written objection is received within fourteen (14) days of the public notice. Prior to ruling on a modification, the building official shall give notice in the same manner as would be given for a variance application, pursuant to sections 906.2(B)(1) and 906.2(B)(2), by certified mail, to all property owners within a 200-foot radius and publish in a newspaper having general circulation in the City of Warwick that he/she is considering such modification, the location of property in question, the nature of the proposed modification, a statement that such modification may be granted by the building official if no objection is received within 30 days, and an invitation to allow any member of the public to inspect plot plans and application forms during normal working hours at the city hall.
(C) If one or more written objections are is received within fourteen (14) days, by the building official within 20 days of the date of such public notice, the request for a modification shall forthwith be scheduled for the next available hearing before filed with the zoning board of review on application if the applicant so desires, as a request for a dimensional variance following the standard procedures for such variances, including notice requirements provided for under this chapter in accordance with the provisions of section 906 and the building official shall have no further role in deciding the case.
(D) If there are no objections within the specified time period as provided in subpart [subsection] (B) above, the building official shall render a decision no later than 14 30 days after the date of the public notice. The following determinations shall be made by the building official:
(1) The modification requested is reasonably necessary for the full enjoyment of the permitted use;
(2) If the modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;
(3) The modification requested does not require a variance of a flood hazard requirement, unless the building is built in accordance with applicable regulations is in harmony with the purposes and intent of the comprehensive plan and zoning ordinance of the city or town; and
(4) The modification requested does not violate any rules or regulations with respect to freshwater or coastal wetlands. require a variance of a flood hazard requirement.
(E) If the petitioner is aggrieved by a decision of the building official, said petitioner may file an application for a dimensional variance to the zoning board of review in accordance with section 906.
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906.2. Hearing and notice.
(A) The zoning board shall, immediately upon receipt of an application, request that the director shall report his findings and recommendations, including a statement on the general consistency of the application with the goals and purposes of the comprehensive plan of the city, in writing to the board within 30 days. Prior to rendering a decision, the zoning board of review shall consider, but not necessarily be bound by an advisory opinion of the director, provided that such advisory opinion is delivered in writing no later than the date of the required public hearing for the petition in question.
(B) The board shall hold a public hearing on any application for variance or special use permit in an expeditious manner, after receipt, in proper form, of an application, and shall give public notice thereof at least 14 days prior to the date of the hearing, which notice shall include the precise location of the subject property, including the street address, and a description of the relief sought, as follows:
(1) In a newspaper of general local circulation in the city; and
(2) By first class mail to:
(i) All owners of the subject property in question; and
(ii) All property owners of record of land within 200 feet of the property, which is the subject of the application, whether within the city or within an adjacent city or town, provided however, if the subject property is zoned Residential A-40 or if more than 50 percent of the number of parcels which are residentially zoned land within the 200 foot radius of the subject property are zoned Residential A-40, then notice shall be sent to all property owners of record within 400 feet of the property; provided further however, if the only relief sought in the application is a dimensional variance for a single-family house lot, then notice shall only be sent to property owners of record within 200 feet of the property, without regard to the percent of A-40 parcels within the 200 foot radius; and
(iii) The member of the Warwick City Council in such ward as the subject property is located; and
(iv) The city or town council of any city or town to which one or more of the following pertain:
(a) Which is located in or within not less than 200 feet of the boundary of the subject property; and
(b) Where there is a public or quasipublic water source, or private water source that is used or is suitable for use as a public water source, within 2,000 feet of the subject property, regardless of municipal boundaries; and
(v) The governing body of any state or municipal water department or agency, special water district, or private water company that has riparian rights to a surface water resource and/or surface watershed that is used or is suitable for use as a public water source and that is within 2,000 feet of the subject property, provided, however, that the governing body of any state or municipal water department or agency, special water district, or private water company has filed with the building official a map survey, which shall be kept as public record, showing areas of surface water resources and/or watersheds and parcels of land within 2,000 feet thereof.
(3) The same notice shall be posted in the city’s clerk’s office and one other municipal building in the municipality and the municipality must make the notice accessible on their municipal home page of its website at least fourteen (14) days prior to the hearing. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing. The cost of newspaper and mailing notification shall be borne by the applicant.
906.3. Standards for relief.
(A) All variances. In granting a variance, the board shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:
(1) That the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not the general characteristics of the surrounding area, and is not due to the physical or economic disability of the applicant (For handicapped access. See section 304.10)
(2) That said hardship is not the result of any prior action of the applicant and does not result primarily from the desire of the applicant to realize greater financial gain;
(3) That the granting of the requested variance will not alter the general characteristic of the surrounding area or impair the intent or purpose of this zoning ordinance or the comprehensive plan of the city;
(4) That the relief to be granted is the least relief necessary.
(B) Different standards for use and dimensional variances. The board shall, in addition to the above standards, require that evidence be entered into the record of the proceedings showing that:
(1) In granting a use variance, the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of the zoning ordinance. Nonconforming use of neighboring land or structures in the same district and permitted use of land or structures in an adjacent district shall not be considered grounds for granting a use variance; and
(2) In granting a dimensional variance, that the hardship that will be suffered by the owner of the subject property if the dimensional variance is not granted shall amount to more than a mere inconvenience, which shall meaning that relief sought is minimal to a reasonable enjoyment of the permitted use to which the there is no other reasonable alternative to enjoy a legally permitted beneficial use of one's property is proposed to be devoted. In accordance with unified development review, the Planning Board has the power to grant dimensional variances where the use is permitted by special-use permit. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief.
(C) Special use permit. In granting a special use permit, the board shall require that evidence to [of] the satisfaction of the following standards be entered into the record of the proceedings. The specific and objective criteria below shall apply to all uses listed as “S” in the use table. The Planning Board shall determine which standards apply on a case by case basis:
(1) That the special use is specifically authorized by this ordinance, and setting forth the exact subsection of this ordinance containing the jurisdictional authorization;
(2) That the special use meets all the criteria set forth in the subsection of this ordinance authorizing such special use, and except that the board may shall issue a special use in conjunction with a dimensional variance provided the property: that the dimensional variance may be issued only for the following dimensional requirements, no other dimensional relief can be sought except for that specifically listed herein, and the requested relief shall not exceed a 50 percent deviation from each required dimensional standard, provided however, that the 50 percent limitation shall not apply to nonresidentially zoned properties which:
(a) Section 300, Table 2A and Table 2B Dimensional Regulations, minimum front yard, minimum side yard, minimum rear yard, minimum landscape open space.
(b) Sections 505 and 505.1, landscaping and screening.
(c) Section 505.6, parking lot buffers.
(d) Section 701.7, off-street parking.
(e) Section 702.2, number of required loading spaces.
(f) Section 806, permitted signs by district.
(3) iii. That the granting of the special use permit will not alter the general character of the surrounding area; or impair the intent or purpose of this ordinance or the comprehensive plan of the city.
vii. The intended use minimizes stormwater impacts through utilization of vegetative swales and/or similar bio-retention methods.
viii. The intended use will not exceed local noise regulations.
(D) Special conditions. In granting a variance or special use permit, or in making any determination upon which it is required to pass after public hearing under this ordinance, the board may apply such special conditions that may, in the opinion of the board, be required to promote the intent and purposes of the comprehensive plan of the city and this ordinance. Failure to abide by any special conditions attached to an approval grant shall constitute a zoning violation. Such special conditions shall be based on competent credible evidence on the record, be incorporated into the decision, and may include, but are not limited to, provisions for:
(1) Minimizing adverse impact of the development upon other land, including the type, intensity, design, and performance of activities;
(2) Controlling the sequence of development, including when it must be commenced and completed;
(3) Controlling the duration of use or development and the time within which any temporary structure must be removed;
(4) Assuring satisfactory installation and maintenance of required public improvements;
(5) Designating the exact location and nature of development; and
(6) Establishing detailed records by submission of drawings, maps, plats, or specifications.
(E) Waiver of architectural and site design requirements in the village district. In order to avoid undue hardship, waivers of architectural and site design requirements included in section 508.1 may be granted by the zoning board of review after the proposal is reviewed by the administrative officer to the planning board and/or the planning board as development plan review (DPR) and a recommendation is forwarded to the zoning board.
In considering the proposed deviation to the architectural design and development standards as contained in section 508.1 the zoning board shall comply with the standards of relief contained in section 906, and shall also address the following findings.
906.4. Appeals to the zoning board.
(A) Procedure. An appeal to the board from a decision of any other zoning enforcement agency or officer, the planning board or of the HDC, may be taken by an aggrieved party. Such appeal shall be taken within 30 days of the date of the recording of the decision of the officer or agency, or within 30 days of the time when the aggrieved party knew or should have known of the action or decision of such officer or agency. The appeal shall be commenced by filing an application with the board, with a copy to the officer or agency from whom the appeal is taken, specifying the ground thereof. The officer or agency from whom the appeal is taken shall forthwith transmit to the board all papers, including any transcript or audiotapes, constituting the record upon which the action appealed from was taken. Notice of the appeal shall also be transmitted to the planning board.
(B) Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board, after the appeal shall have been duly filed, that by reason of facts stated in the certificate, a stay would in the officer's opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by a court of competent jurisdiction on application thereof and upon notice to the officer from whom the appeal is taken on due cause shown.
(C) Public hearing. The board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties of interest, as required in R.I.G.L. 45-23-69 and decide the same within 20 days of the hearing. The hearing of any appeals shall be at a separate meeting from the hearing of any variance or special use permit applications, although such hearings may be held on the same day or night. At the hearing, any party may appear in person or by agent or by attorney. The officer or a designated individual of the agency, commission, or board from whom the appeal is taken shall appear before the zoning board at the hearing to represent such agency, commission or board. Other members of the agency, commission or board may appear and be heard, but shall not represent the agency, commission or board. The cost of any notice required for the hearing shall be borne by the appellant.
(D) Decisions and records of the board. In exercising its powers in ruling, the board may, in conformity with the provisions of this ordinance, reverse or affirm wholly or partly and may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the officer or agency from whom the appeal was taken. All decisions and records of the board respecting appeals shall conform to the provisions of section 903.5 of this ordinance.
(E) [Findings of fact.] The zoning board of review in its decisions on any matter coming before it under this ordinance shall record in its minutes the pertinent and material facts and the reason upon which its decisions are based.
(F) Appeals of decisions of historic district commission. Notwithstanding subsection (D) above, when hearing appeals from the commission decisions, the zoning board of review shall not substitute its own judgment for that of the commission, but must consider the issue upon the finding and the record of the commission. The zoning board of review shall not reverse a commission decision except on a finding of prejudicial procedural error, clear error or lack of support by the weight of the evidence in the record. The zoning board of review shall put all decisions on appeal in writing. The zoning board of review shall articulate and explain the reasons and basis of each decision on the record, and the zoning board of review shall send a copy of the decision to the applicant and to the historic district commission.
(A) Any variance or special use permit shall expire one year after the date of the filing of the resolution with the city clerk unless the applicant shall, within one year, obtain a legal building permit and proceed with the construction; or obtain a certificate of occupancy when no legal building permit is required. The board may, upon written request and for cause shown prior to the expiration of the initial one-year period, renew the variance or special use permit for a second one-year period. Said request for an extension need not be advertised.
(B) Should an applicant fail to begin construction with a legal building permit, or obtain a certificate of occupancy within the second one-year period, the board may upon written request prior to the expiration of the second one-year period, renew the variance or special use permit for a third one-year period provided that the applicant can demonstrate due diligence in proceeding and substantial financial commitment in promoting the subject of the variance or special use permit since the date of the filing of the resolution, and notice shall be given in accordance with section 906.2(B) and a hearing shall be held on the request.
(C) None of the year periods set forth in subsections (A) and (B) above shall run during the pendency of any Planning Board review, or superior court actions seeking to overturn the grant.
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SECTION 1000. – ADMINISTRATION, ENFORCEMENT AND AMENDMENT
Section 1001. – Building official & Planning Board.
This ordinance shall be enforced by the building official acting in the name and on behalf of the City of Warwick. It shall be the duty of the building official to interpret and enforce the provisions of this ordinance in the manner and form and with the powers provided in the laws of the state and in the Charter and ordinances of the city. With the exception of Unified Development Plan Review Applications, which shall be administered by the Planning Board, the The building official shall refer all applications for variances, special use permits and other appeals to the zoning board of review. The building official shall make a determination in writing, within 15 days, to any written complaint received, regarding a violation of this ordinance. In order to provide guidance or clarification, the building official shall, upon written request, issue a zoning certificate or provide information to the requesting party within 15 days of the written request. Any determination of the building official may be appealed to the board in accordance with section 906.4 of this ordinance.
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1007.3. Notice and hearing requirements.
(A) No zoning ordinance shall be adopted, repealed, or amended until after a public hearing has been held upon the question before the city council. The city council shall first give notice of such the public hearing by publication of notice in a newspaper of general local circulation within the city at least once each week for three consecutive successive weeks prior to the date of such the hearing, which may include the week in which the hearing is to be held, at which hearing opportunity shall be given to all persons interested to be heard upon the matter to of the proposed ordinance. Written notice, which may be a copy of said newspaper notice, shall be mailed to the associate director of the division of planning of the Rhode Island department of administration, and, where applicable, to the parties specified in subsections (B), (C), (D) and (E) of this section, at least two weeks prior to the hearing. Such newspaper notice shall be published as a display advertisement, using a type size at least as large as the normal type size used by the newspaper in its news articles, and shall:
The same notice shall be posted in the city clerk’s office and one other municipal building in the municipality and the municipality must make the notice accessible on their municipal home page of its website at least fourteen (14) days prior to the hearing. The notice shall:
(1) Specify the place of said the hearing and the date and time of its commencement;
(2) Indicate that adoption, amendment or repeal of a zoning ordinance is under consideration;
(3) Contain a statement of the proposed amendments to the ordinance that may be printed once in its entirety, or summarize or and describe the matter under consideration as long as the intent and effect of the proposed ordinance is expressly written in that notice;
(4) Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied; and
(5) State that the proposal shown thereon on the ordinance may be altered or amended prior to the close of the public hearing without further advertising, as a result of further study or because of the views expressed at the public hearing. Any such alteration or amendment must be presented for comment in the course of said hearing.
(B) Where a proposed general amendment to an existing zoning ordinance includes changes in an existing zoning map, public notice shall be given as required by subsection (1) [(A)] of this section.
(C) Where a proposed text amendment to an existing zoning ordinance would cause a conforming lot of record to become nonconforming by lot area or frontage, written notice shall be given to all owners of the real property as shown on the current real estate tax assessment records of the city. The notice shall be given by first-class mail at least two (2) weeks prior to the hearing at which the text amendment is to be considered, with the content required by subsection (A). If the city zoning ordinance contains an existing merger clause to which the nonconforming lots would be subject, the notice shall include reference to the merger clause and the impacts of common ownership of nonconforming lots. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing.
(CD) Where a proposed amendment to an existing ordinance includes a specific change in a zoning district map, but does not affect districts generally, public notice shall be given as required in by subsection (1) [(A)] of this section, with the additional requirements that:
(1) Notice shall include a map showing the existing and proposed boundaries, zoning district boundaries, and existing streets and roads and their names, and city boundaries where appropriate; and
(2) Written notice of the date, time and place of the public hearing and the nature and purpose thereof the hearing shall be sent to all owners of real property whose property is located in or within not less than two hundred feet (200’) feet of the perimeter of the area proposed for change, whether within the city of within an adjacent city of [or] town in which the property is located; provided however, if the subject property is zoned Residential A-40 or if more than 50 percent of the number of parcels which are residentially zoned land within the 200 foot radius of the subject property are zoned Residential A-40, then notice shall be sent to all property owners of record within 400 feet of the subject property. Notice shall also be sent to any individual or entity holding a recorded conservation or preservation restriction on the property that is the subject of the amendment. The notice shall be sent by first-class mail to the last known address of the owners, as shown on the current real estate tax assessment records of the city in which the property is located; provided, for any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing.
(DE) Notice of a public hearing shall be sent by first class mail to the city or town council of any city or town to which one or more of the following pertain:
(1) Which That is located in or within not less than two hundred feet (200’) feet of the boundary of the area proposed for change; or
(2) Where there is a public or quasi-public water source, or private water source that is used or is suitable for use, as a public water source, within two thousand feet (2,000’) feet of any real property that is the subject of a proposed zoning change, regardless of municipal boundaries.
(EF) Notice of a public hearing shall be sent to the governing body of any state or municipal water department or agency, special water district, or private water company that has riparian rights to a surface water resource and/or surface watershed that is used, or is suitable for use, as a public water source and that is within two thousand feet (2,000’) feet of any real property which that is the subject of a proposed zoning change,; provided, however, that the governing body of any state or municipal water department or agency, special water district, or private water company has filed with the building inspector in the city a map survey, which that shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land within two thousand feet (2,000’) feet thereof.
(G) Notwithstanding any of the requirements set forth in subsections (A) through (E), each municipality shall establish and maintain a public notice registry allowing any person or entity to register for electronic notice of any changes to the zoning ordinance. The city shall provide public notice annually of the existence of the electronic registry by publication of notice in a newspaper of general circulation within the city. In addition, each municipality is hereby encouraged to provide public notice of the existence of the public notice registry in all of its current and future communications with the public, including, but not limited to, governmental websites, electronic newsletters, public bulletins, press releases, and all other means the municipality may use to impart information to the local community.
(1) Provided, however, notice pursuant to a public notice registry as per this section does not alone qualify a person or entity on the public notice registry as an “aggrieved party” under § 45-24-31(4).
(FH) No defect in the form of any notice under this section shall render any ordinance or amendment invalid, unless such the defect is found to be intentional or misleading.
(GI) Costs of any notice newspaper and mailing notices required under this section shall be borne by the applicant.
(HJ) In granting a zoning ordinance amendment, notwithstanding the provisions of § 45-24-37, the city council may limit the change to one or more of the permitted uses in the zone to which the subject land is rezoned, and impose such limitations, conditions and restrictions, including without limitation:
(1) Requiring the petitioner to obtain a permit or approval from any and all federal, state or local governmental agencies or instrumentalities having jurisdiction over the land and use which that are subject to the zoning change;
(2) Those relating Relating to the effectiveness or continued effectiveness of the zoning change; and/or
(3) Those relating Relating to the use of the land as it deems necessary. The responsible city official shall cause the limitations and conditions so imposed to be clearly noted on the zoning map and recorded in the land evidence records; provided, that in the case of a conditional zone change, the limitations, restrictions, and conditions shall not be noted on the zoning map until the zone change has become effective. If the permitted use for which the land has been rezoned is abandoned or if the land is not used for the requested purpose for a period of two (2) years or more after the zone change becomes effective, the city council may, after a public hearing, change the land to its original zoning use before the petition was filed. If any limitation, condition, or restriction in an ordinance is held to be invalid by a court in any action, that holding shall not cause the remainder of the ordinance to be invalid.
(K) The above requirements are to be construed as minimum requirements.
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Section II. This Ordinance shall take effect immediately upon passage and publication as prescribed by law.
SPONSORED BY: COUNCIL PRESIDENT MCALLISTER
ON BEHALF OF MAYOR PICOZZI
COMMITTEE: LAND USE
Attest:
Lynn D’Abrosca, City Clerk
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