CityofCentral! Falls Special City Council Meeting Monday January 27, 2025 Second Floor Council Chambers 580 Broad Street, Central Falls, RI 02863 6:00 p.m. Agenda I. Roll Call II. Pledge of Allegiance III. Public Comment IV. Executive Communications a. AP Proclamation oft the Mayor of the City of Central Falls, Declaring January 20, 2025, ac day celebrating and honoring the life of Dr. Martin Luther King Jr. b. Executive Order 2025-000: Appointment of Tony Lucio Vieira, as. Acting Director of Department of Public Works and Code Enforcement for the City of Central Falls Consideration ofappointment, by Mayor Maria Rivera ofTony Lucio Vieira,187 Grassmere. Ave. East Providence as Director of Public Works and Code Enforcement for the City of Central Falls V. New Business a. City Council sitting as Board ofLicense Commissioners Hearing and Consideration of Petition ofI License Licenses Type Constable Renewal Private Detective Renewal Entertainment New Business Name Venuz Zayas 66 Carpenter Street Central Falls, RI 02863 Douglas E. Belkamp 19 Division Street N. Attleboro, Ma 02760 Mi Pequeno Salvadorenoinc. D/B/A Mi Pequefio Salvadoreno 791 Lonsdale. Ave Central Falls, RI 02863 VI. Schedule of Bills-Hearing and/or Consideration a. Appendix A, Zoning Ordinance, for the City of Central Falls, as updated and amended from time to time. -First Reading (Ferri by Request) VII. Adjournment Pursuant tol Rhode Island General! Laws S 42-46-4, the City Council reserves the right to convene ine executive session on oft aforementioned items for one or more oft the purposes listedi inl Rhode Island Generall Lawss 42-46-5(1)-(10) any the Page eiof2 To view an electronic version oft the agenda with supporting documentation, click onl link: City ofC Central Falls is ane equal opportunity employer ADA/EOE. IDD/TI40L-7Z7450 This notice is postedi in Department, Department of] Public Works, on www.centralfallsria .us and with the Office oft the Island General Laws.' To review Notice of Citizen's Rights, visit the Attorney General's webpage Secretary aty www.riagri.gov of State pursuant tol Rhode t/detshsmcail. x?clientsites tralfalls-ri Cityl Hall, Police Page 2 of2 Agenda Break Pagel eleft blankintentionally Proclamation Declaring January 20th, 2025, a day celebrating and honoring thel life of] Dr. Martin Luther King, Jr. and the elimination of racial discrimination, inspiring millions through his Whereas, Dr. Martin Luther King. Jr. dedicated his life tot the pursuit of justice, equality, Whereas, ini the brief time Dr. King walked upon this earth, he devoted his life to leadership in the Civil Rights Movement; and strengthening the content oft the. American character and called on our nation to live up toi its founding principles oflife, liberty, and the pursuit of happiness for content of their character rather than the color of their skin has become a guiding principle for social progress in the United States and the world; and including hisi iconic "I Have a Dream" speech, galvanized a movement that brought about transformative legislation such as the Civil Rights Act of1964 lead one of the greatest movements for equality and freedom in history; and American, remember the ideals for which he fought, and recommit Ourselvès.to ensuring that our country's promise èxtends to all Americans across the great residents to celebrate his memory and legacy by participating in a National alli its citizens; and Whereas, Dr. Martin Luther King, Jr.'s, vision ofas society where all are judged by the Whereas, Dr. King's steadfast commitment to nonviolence and his powerful oratory, and the Voting Rights Actof1965; and Whereas, through his determination, spirit, and resolve, Dr. King helped lift souls and Whereas, the City of Central Falls wishes tol honor the lasting legacy of this great. land. Whereas, as we observe Dr. King's holiday, the City of Central Falls encourages all of Service to others. Day NOW, THEREFORE, BE ITI RESOLVED, that IN Maria Rivera, Mayor of the Cityof Central Falls encourages all residents of the City of Central Falls to honor Dr. King byl out his teachings and to continue to work for the day when the dignity and humanity of living every person isi respected. hlalud huusa Maria Rivera Mayor Agenda Break Page eleft blankintentionally L LS EXECUTIVE ORDER 2025-002 Pursuant to City Charter, Sections MARoMGIARIw appoint Tony L Vieira as Acting Director of the Department of] Public Works and Code Enforcement, effective January 21, 2025. lasia bua Maria Rivera Mayor Agenda Break Pagel left blankintentionally MARIA RIVIERA MAYOR E CENTRAL FALLS Diversiny Thainspires CITY OF CENTRAL FALLS OFFICE OF THB MAYOR RJ KERMES CIER OF STAFE 580 BROAD STREET CENTRAL FALLS, RI 02863 January 21, 2025 Hon. Robert Ferri City Council President 580 Broad Street Central Falls, RI 02863 OFFICE (401)727-7474 Dear Council President and Members of the Council, Ihereby recommend Tony L. Vieira, to the position of Director of the Department ofPublic Tony joins us after more than two decades with the City of East Providence where he served in multiple roles, most recently as the Parks Division Superintendent. In that capacity, he was responsible for the maintenance and operations of all city parks and managed a staffof18.Iam confident Tony has the managerial and technical expertise to excel in this new role. As importantly, was impressed by Tony's emphasis on listening, both to our city's residents and also to our Works and Code Enforcement. experienced and dedicated DPW staff. Irecommend him to you without hesitation Thank youi in advance for your consideration. Sincerely, Mk Maria Rivera Mayor City ofCentral Falls Mayor Maria Rivera The City ofCentral Falls is an equal opportunity provider and employer. Agenda Break Pageleft blankintentionally City of Central Falls Constable Application Aplicacion de. Alguacil ZASAS Name Nombre Address Direccion Telephone (1) Numero de Telefono Email Correo. Electronica Employer CHyof Empleador Address Direccion OAUz Date ofBirth Fecha del Nacimiento Estado 86/1970 RLpag Codigo Postal CumberDsus Cuidad (2). - a an CentvaAlk Codetrogartpet D Hign Street DPWb + 4a80 OFPC Manager Reason for requesting license. Motivo para Solicitar la. Licencia Type of Application Tipo de.Aplicacion Consable New Nuevo Renewal Renovar General Release & Indemnity Agreemênt/ Acuerdo general de The above applieant, in consideration oft thel license granted by thel hereby remises, releases and forever discharges the City of Central and all claims for the above mentioned: including but not limited to property The above applicant, by signing below, acknowledges that all information in por laj presente renuncia, libera yo da de alta paras siempre a la Cludad de por Central. lesiones persongles géresulteyte la enision de dicha licencia. Firma de Aplicante 00S 58X0 exenciôn e indemnizaci6n its Licensing Authority oft the City of Central Falls, inl law and equity, more especially any damages and personal injuries resulting from sus de Licencias de la Ciudad de Central Falls, incluidos, entre otros, dafios al laj propiedady -6-2025 form all manner of actions, causes of actions, debts, dues, claims and Falls, demands respective both employees, agents and attorneys thei issuance ofsaid) license. Els solicitante anterior, en consideraciôn a lai licencia otorgada la. Autoridad this application is correct and true. abogados detodo tipo de acciones, causas de acciones, deudas, cuotas, reclamos Falls, respectivos empleados, agentesy especialmentel pdos ycada uno de lesyeclamos por lo mencionado anteriormente, y demandas tanto en derecho como ene equidad, més Fsolicitante ajteripr, alrmdhac continuaciôr, reconoce que toda la informacion ene esta solicitud es correcta yi verdadera. Signature Valid ID ID # BCI Date of BCI License fee $35.00 Date Paid Received by: Determination Date Fecha Office Use Only Exp. Date_ Cash/Check: # Date: Date_ Clerk Initials City Council Restriction/Sstpulations Issuance of the License is subject to thei following by Council Clerk Signature. Rev. 01/16 City of Central Falls Private Detective License Application Applicant Name: Dovalss E Applicant Address: 19 Dwbow ST 11 CivyoRR ATleBoeD MA Date of Birth: ( Be Krp State: MA Zip02760 Telephone: DNew Cell phone: EUE Renewal Email: deleche OZMKgmlM Please answer the flowing questions: Yes No Iam a citizen of the United States or a resident alien. Ihave not have not been convicted of a felony. Iam of good moral character. Ido not suffer from habitual drunkenness or narcotics dependence. Ihave never. had any previous private investigator license or registration revoked by a licensing Ihave not been declared incompetent, by any court jurisdiction, by reason of disease or mental. Ihave at least 5 years' experience gained through an accredited college, police department, Ihereby state that the information supplied above is true and that Ia am not in violation of Section General Laws of the State gRhodg/sland: and-Sectign 12-3E of the Central Falls Code of Ordinances. 5-5 oft the authority. defect. investigative agency employment or equivalent training experience. Signature of Applicant: Ehyla N hRalk Date: s/bs Date: 1f1ol2s Received by: Enefaq Ramos License Payment Cash/Check* License fee: $200.00 Datel Paid Clerk Initials City Council estrictions/Stpulations Determination' by Council: Clerk Signature. Date Cityof Central Falls Amusements - Entertainment-Pool Tables NU Business/Organization Name HP Pegveno Salvacbreno Corporation Name (ifapplicable). Mi Pegueno SalvacsenD Tuc Name of Applicant (ifr noti incorporated). Busines/organization Address 791 Lonsdaé Ae Coutal lab,BE Business Telephone V0l-725:2006 Address of Corporation /Home address ofa applicant 791 Zonsdalk AE City. CENTRHI FAIS Rhork State. 02863 AI ISfbucla Email 7 -./ Telephone Type of Application OE Pool table $100.00 pert table_ NéW DF Renewal Date and Time of Event Description of Event ""Boany phone 4v... uE - 0 Annual Entertainment License/$80.00 D: Per Diem Entertainment $10.00 DAmusement $150.00 Rain Date and Time. Attach maps, drawings and additional information; State Permits mayl be required Location Requested: ifr not a cityl business: Jenks Park (needs Council approval) Cowden St. Futsol River Island Campground Saul Tarlow Field Garfield St. Playground Lincoln Almond Fitness Park River Island Park Veterans Park Higginson Ave Sports Complex Macomber Stadium Sacred Heart Playground DexterPlaza Acknowledgement by Property Owner (Tol be completedi ifapplicanti isi not thej property owner) affimm DECFL thatI Ihavee entered WADHWA, into an agreement (Please to rento printr ofl lease name thea of abover property namedp owner) propertyitht being the owner the abovea oft the record ofthel listed property hereby acknowledge and applicant fors said business. AC RPErNeRS 1218,2024 Printed Date MTA State 01S45. Zip Date Propeny Ongr Signature 9L HLST, Property Owner Address Notary Public! Signature Mor PEAL Property Owner Name SHPELBUPY City Notary Public Name Printed *The Amusement and Entertainment fee may be waived for religious, charity or non-profit groups "24 hour notice must be given to call City Departments for any cancellations" Departmental. Approvals Finance Department Yet D Taxes Paid Signature of official Date_ olli3las Department of Code Enforcement Maximum Capacity Signature of official Maximum Capacity. Comments. 01/06/25 Date_ Firel Department Comments Signature of official Dplie Date_AAA Byy Police Department * Maximum Capacity. Comments Signature of official MhC.cO Date_ p5 Director of Parks and Recreation Commeny/Restnictions: Signature: Damage Deposit: Date: DI understand this application is considered incomplete until all state approvals, permits, and licenses, insurance DI declare, under the pains andj penalties of perjury and all other remedies at law, that Ihave reviewed this form ànd the coverage (if required) & payments are: filed with the Office oft the City Clerk. DIacknowledge that Iam over the age of 18 years. statements Ihave madein it and deglare that they are true. Applicant:, ho AeeLs do Signature of Date: 1/26/2024 Receivedi by:. Coeid Ramss Date: 01/21/20257 License/Permit Payment Cash/Check* Date Paid Clerk Initials General Release &1 Indemnity. Agreement The applicant, in consideration oft the license grantedl by thel Licensing Authority of the City of Central Falls, hereby remises, releases andi forever discharges the City of Central Falls, its respective employees, agents and attorneys form all manner of actions, causes, of actions, debts, dues, claims and demands both inl law and equity, more especially any and all claims for the above mentioned including but notl limited top property damages and personal injuries resulting from the issuance ofs said license. City Council Restrictiomatpalations Determination by Council Clerk Signature Date Agenda Break Page left blankintentionally JAMBS P. VANDERMIJEN DTRETOR MARIA RIVERA MAYOR CF CENTRALFALLS CITY OF CENTRAL FALLS PLANNING & ECONOMIC! DEVELOPMENT DEPARTMENT 1280 HIGH STREET CENTRALFALLS, RI 02863 January 23, 2025 Council President Robert Ferri Central Falls City Hall 580 Broad Street Central Falls, RI 02863 OFFICE: (401)727-7480 FAX: (401)727-7467 re: Planning Department's Recommendation for Proposed Amendments to the City's2 Zoning Ordinance to Comply with State Legislative Changes Dear Council President Ferri: Please accept this letter as the Planning Department 's recommendation to approve the proposed amendments to the zoning ordinance tol bring the ordinance into compliance with changes in state law pertaining to zoning and land development review that went into effect January 1,2024. Given the number of changes throughout the document, legal counsel has advised repealing the current ordinance and replacing it in its entirety. The proposed new Note that this recommendation is distinct from the Report ofthe Planning Board's Findings and Recommendations to the City Council, which is required as per RI General Laws $4 45-24- 51 and $ 45-24-52. The Board's report is based on: review and discussion ofthe proposed amendments at aj properly noticed public meeting on January 22, 2025, at which time the ordinance is being provided to you by the City Clerk. Board voted toi make aj positive recommendation to the Council. Background Several amendments to state law pertaining to zoning and land development review were enacted during the 2023 and 2024 Rhode Island legislative sessions with the intent ofboosting housing production. These amendments went into effect January 1,2024, and January 1,2025, respectively, and require municipalities to amend their zoning ordinances (which requires Council approval) and their land development and subdivision review regulations (which is the responsibility oft thel Planning Board). The changes to the zoning ordinance proposed at this time are those resulting from the laws that went into effect January 1, 2024. Amendments resulting from the laws that went into effect January 1,2 2025, will be presented to the Council Given the magnitude oft the required changes that went into effect on. January 1, 2024, the City ofCentral Falls made use oftechnical assistance resources provided by the State and engaged int the coming weeks. City ofCentral Falls- Mayor Maria Rivera The City ofCentral Falls is an equal opportuniry provider and employer. with HousingWorks RI and attorey Kelley Morris Salvatore ofDarrow Everett, an expert in zoning and land use law, to assist the Planning Départment in making the necessary revisions to the zoning ordinance and development regulations. The changes presented for the Council's consideration are a result of the work done by Planning Department staff and Ms. Salvatore. Both will be present at the January 27 Council meeting to explain the proposed changes. Recommendation The proposed amendments will bring the City's zoning ordinance into compliance with state law enacted during the 2023 Rhode Island legislative session intended to boost housing production in an effort to address the severe shortage ofhousing throughout the state. The proposed changes to the ordinançe will facilitate housing development that will increase the housing supply in the city. The result will bei increased opportunities for people ofar range of Promoting al balance ofhousing choices for all income levels is a significant component oft the City's Comprehensive Plan. Further, production of safe, high-quality housing that meets a wide range ofneeds contributes to the promotion oft the public health; safety, and general welfare of the population, which is one oft the principal purposes of the zoning ordinance. It is the opinion of Planning Department Staff that the proposed amendments to the zoning ordinance are consistent with the Comprehensive Plan and the intent of the Zoning Ordinance. Therefore, Irecommend that the City Council approve the proposed amendments to the zoning incomes and household sizes to find housing that meets their needs. ordinance. James] P. Director ZE City of Central Falls Mayor Maria Rivera The City of Central Fallsi is an equal opportunity provider and employer. ORDINANCE AMENDING APPENDIX, A OF1 THE CODE OF ORDINANCES TITLED "ZONING" ADOPTED OCTOBER 15, 2007,TO COMPLYWITHSTATE LEGISLATION AND TO INCLUDE UPDATESTHROUGHOUTI AS NEEDED FROM TIME TO TIME. SECTION ONE: Bei it ordained that Appendix A, Entitled "Zoning" of the Revised Ordinances, City of Central Falls, Sponsored by Councilperson Ferri (by request) Rhode Island, is hereby repealed in its entirety and replaced with the following: Appendix A ZONING1 ARTICLEIGENERAL PROVISIONS Sec. 100. Statement of purpose and consistency with comprehensive plan. The zones and regulations set forthi int this ordinance are made in accordance with the comprehensive plan for thet following purposes: (A) Promote the public health, safety, and general welfare. "Editor's notels)--Printed hereini is the amended zoning ordinance for the City of Central Falls originally adopted on October 1, 1993, and readopted by the City Council on October 15, 2007; effective the same date. Amendments are indicated by parenthetical history notes following amended provisions. The absence ofa history note indicates that the provision remains unchanged from the original. Obvious misspellings have been corrected without notation. For stylistic purposes, headings and catchlines have been made uniform, and citations to states statutes as appears in the Code of Ordinances has been used. A consistent scheme of capitalization has also been used. Additions for clarity are indicated by brackets. State law referencels)-Zoning, G.L. 1956, S4 45-24-1ets seq. Central Falls, Rhode Island, Code of Ordinances Page1of93 (B) Provide for a range of uses andi intensities of use appropriate toi the character of the city and reflecting current ande expected future needs. Provide for orderly growth and development which recognizes: (1) The goals and patterns of land use contained ini the comprehensive plan of the city adopted pursuant to chapter 45-22.2 of the general laws of Rhode Island [G.L. 1956, $45-22.2-1 et seq.); (2) The natural characteristics of the land, including its suitability for use based on soil characteristics, topography, and susceptibility to surface or ground water pollution; (3) The values and dynamic nature of coastal and freshwater ponds, the shoreline, andi freshwater (5) The availability and capacity of existing and planned public and/or private services and facilities; and coastal wetlands; (4) The values of unique or valuable natural resources andi features; (6) The need to shape and balance urban and suburban development; and, (7) The use ofi innovative development regulations and techniques. (D) Provide for the control, protection, and/or abatement of air, water, groundwater, and noise pollution, (E) Provide for the protection of the natural, historic, cultural, and scenic character of the city or areas (G) Provide for the protection of publici investment int transportation, water, stormwater management systems, sewage treatment and disposal, solid waste treatment and disposal, schools, recreation, (H) Promote a balance of housing choices, for alli income levels and groups, to assure the health, safety, and welfare of all citizens and their rights to affordable, accessible, safe and sanitary housing. () Promote safetyf from fire, flood, and other natural or manmade disasters. (J) Promote al high level of quality in designi int the development of private and public facilities. (K) Promote implementation of the comprehensive plan of the city. (L) Provide for coordination of land uses with contiguous municipalities, other municipalities, the state (M) Provide for efficient review of development proposals, to clarify and expedite the zoning approval (N) Provide for procedures for the administration of this ordinance, including but not limited to variances State law referencels)-Similar provisions, G.L. 1956, S 45-24-30; required provisions, G.L. 1956,545-24-321). and soil erosion and sedimentation. therein. (F) Provide for the preservation and promotion of open space. publici facilities, open space, and other public requirements. and other agencies. process. and: special use permits. Sec. 101. Establishment of zoning districts. For the purpose of this Ordinance, the City is divided into zoning districts designated and described as follows: 101.1. Residential. zoning districts. Central Falls, Rhode Island, Code of Ordinances Page 2of93 R-1 one-household district. This zone isi intended for low density residential areas comprising single dwelling unit detached structures located on lots with ar minimum land area of 5,000 sq.ft. R-2 two-household district. This zone isi intended for medium density residential areas comprising single dwelling unit andt two-dwelling unit detached structures located on lots with a minimum land R-3 multi-household dwelling district. This zone is intended for medium density residential areas comprised of structures containing single dwelling units, two-dwelling units and multiple-dwelling units located on lots with a minimum land area of 5,000 sq. ft. and a minimum land area of2,000 sq. ft. per area of 5,000 sq. ft. dwelling unit. 101.2-Commercia!. zoning districts. C-1 limited commercial district. This zone isi intended for neighborhood commercial areas that primarily serve local neighborhood needs for convenience retail, services and professional office C-2 general commercial district. This zone is intended for commercial areas that serve citywide C-D commerciokdowntown district. This zone isi intended to encourage revitalization and restoration of core business areas int the city. A variety of business, financial, institutional, public, quasi- public, cultural, residential (upper floors only) and other related uses are encouraged in the C-D district. Compatible and appropriate mixed uses are encouraged to promote commercial, retail and establishments. needs for retail, services and professional office establishments. other business activityi including office uses. 101.3- -Industria!. zoning districts. M-1 industrial district. This zone is intended for general industrial uses that accommodatea variety of manufacturing, assembly, storage of durable goods and related activities, provided that they M-2 heavy industrial district. This zone is intended to provide for areas for heavy industrial uses, especially for those uses that are potentially hazardous, noxious or incompatible with the uses in any do not pose toxic, explosive ore environmental hazard int the city. other zone. 101.4- -Overlay zoning districts. These are districts that are superimposed on existing zoning district(s) or part ofac district and which impose specified requirements in addition to those otherwise applicable and/or allow alternate HD historic district. This overlay zone is intended to preserve structures of historic and architectural value by regulating the construction, alteration, repair, moving and demolition of such MBRD milll building re-use district This overlay zone: allows the development of obsolete industrial OMUSOD Osram mixed-use special overlay district. In addition to andi int furtherance of the purposes of the MBRD overlay zone, this overlay zonei is meant tot further promote redevelopment of existing ando obsolete industrial mill structures located within this new OMUSOD overlay zone. The OMUSOD will encompass thei improved properties located within an area bounded, northerly, by Division Street, then, easterly, by the railroad tracks, then, southerly, by Blackstone Street, and then, westerly, by Broad! Street. The official Zoning Map shall be amended to reflect this newly created uses. structures. This overlay zone mayi include single buildings and/or lots. sites according to a plan for mixed use. overlay district. (1076-010Z Zoning Code Revisions (Working) Version)4 4.19.2 2024.1) Central Falls, Rhode Island, Code of Ordinances Page 3of93 101.5- Open space zoning districts. Ppark district. This zone is intended to preserve open space recreation use and in certain CM cemetery. This zone isi intended to retain cemetery land for its designated purposes. CT Conant Thread district. The purpose of the Conant Thread district is to promote active reuse of historic mill structures located in close proximity to the Pawtucket-Central. Falls Commuter Rail Station, and to encourage new development thati is complementary ofi the unique existing character of the district. The primary goal of the districti is diverse residential andj job creation opportunities that may capitalize on easy access to multiple forms of public transportation, often referred to as transit oriented development (TOD). The continuation of various light manufacturing uses is promoted int this district, provided that they are ofs scale, nature, and intensity that are consistent with the active mixed- instances public education uses. 101.6-C Conant Thread. zoning district. use vision for this district. (Or.df10.6201901,51) State law referencelgy.-Districts generally, G.L. 1956, 545-24-36. Sec. 102. Official zoning map. The official zoning map oft the city shall consist of an official zoning map int the office oft the city clerk entitled "Central Falls Zoning Map," dated August 1, 2007, and shall depict all zoning districts and overlay zoning districts. The Central Falls Zoning Map shall constitute the official zoning map of the city andi is hereby adopted and made part of this ordinance. Ond.d1016201901.52) State law referencels)-Zoning map required, GL1956,545:24328). Sec. 103. Zone group classification. Whenever the terms "R: zone," "Czone," or "M: zone" are used, theys shall be deemed to refert to all zones containing the same letters int their names; e.g., Czones shall include C-1,C-2, and C-D zones. Sec. 104. Zone boundaries. following rules shall apply: Where uncertainty exists as to the boundaries oft the zoning districts as shown on the official zoning map, the B) Zone boundaries, where indicated, are the center lines of streets, parkways, waterways, or railroad C) Where the street layout on the ground varies fromi thel layout as shown on the zoning map, the director of the planning division shalli interpret said map according to the reasonable intent of this ordinance. Where the zone boundary divides al lot so1 that 50 percent or more of its frontage is on a street ina more restrictive zone, the provisions oft this ordinance relating to ther more restrictive zone shall be A) Zonel boundaries are generally intended tot follow lot lines. rights-of-way. extended tot the entire lot. (1076-010Z Zoning Code Revisions (Working Version)4 4.19.2024.1) Central Falls, Rhode Island, Code of Ordinances Page 4of93 E) Where the: zone boundary divides al lots 501 that more than 50 percent of its frontage is on a streeti ina less restrictive zone, the provisions of this ordinance relating to the less restrictive zone may be extended to the entire lot. Sec. 105. Compliance with ordinance. 105.1. Conformance with permitted use. No building or structure shall be erected, reconstructed, or enlarged for any use other than that which is permittedi int the: zone in which such building, structure or landi is located. No building or structure shall be moved to [a] new site unless that sitei is zoned to permit the use intended for such building or structure. Nor shall any building, structure or land be used for any use other than is permitted in the 105.2. Dimensional conformance. Except as hereinafter provided, no building or structure shall be erected, enlarged, or reconstructed to exceed the dimensional limits established for the: zone wherein such building or 105.3. Lot area conformance. No new lot shall be created, nor shall an existing lot be reduced or diminished, except in conformance with the dimensional requirements of this ordinance, nor shall the number of dwelling units or occupancy thereon be increased in any manner except in conformance with the dimensional requirements oft this ordinance. Thel lot or yard areas of buildings existing at the time this ordinance became effective shall not be diminished below the requirements herein provided. The required yard area for a building shall not be included zone in which iti is located. structure is located. asa part of the required yard or parking area of any other building. Sec. 106. Interpretation of ordinance. It shall be the duty of the building official to interpret and apply the provisions of this ordinance, Such interpretation and application shall be subject to appeal to the board [zoning board of review). Ini interpretation and application, the provisions of this ordinance shall be held to bet the minimum requirements for the promotion This ordinance shall be consistent with the comprehensive plan of the city adopted pursuant to G.L. 1956, ch. 45-22.2, andi ini the instance of uncertainty in the construction or application of any section oft this ordinance, this ordinance shall be construed in a manner that willi further the implementation of, and not be contrary to, the goals ofhealth, safety, morals, convenience or the general welfare. and policies and applicable elements of such comprehensive plan. ARTICLE H. NONCONFORMANCF Sec. 200. Nonconformance. Sec. 201. Lawfully established. Al building, structure or the use of land was lawfully established ifit was ine existence prior to December 8, 1968, or was established in conformance with the zoning ordinance in effect at the time the building, structure or use was established. Al lot was lawfully established ifity was of record or shown on a recorded plat prior to December 8, 1968, or was established in conformance with the zoning ordinance in effect at the time. All other lots that were not lawfully established are not protected by this section. 2State law referencelg,-Provision for nonconforming development required, G.L. 1956, 9 45-24-39. (1076-0102 Zoning Code Revisions Working Version)4.19.2 2024.1) Created: 2024-01-11 15:11:46 [EST] (Supp. No.12) Page 5of93 Sec. 202. Nonconforming by use. pertaining to usei is nonconforming by use. shall acquire the rights of this section. Sec. 203. Nonconforming by dimension. A use of land or use ofa a building or structure whichi is in nonconformance with the requirements of this ordinance Existence by variance or special use permit. A non-conforming building, structure, sign, or parcel of land or the use thereof, which exists by virtue ofav variance or special use permit shall be considered a nonconforming use and Ab building or structure or parcel of land whichi is not in conformance with the dimensional regulations oft this ordinance but was established in conformance with the zoning ordinance in effect at the time of construction is nonconforming by dimension. Dimensional regulations include those regulations of this ordinance not pertaining Existence by variance. Anon-conforming building, structure, sign, or parcel of land which exists by virtue ofa variance shall be considered a nonconforming dimension and shall acquire the rights of this section. to use. Sec. 204. Nonconforming by dwelling units. Ab building or structure containing more dwelling units than are permitted byt the use regulations of this ordinance but was established in conformance with the zoning ordinance in effect at thei time of construction shall be nonconforming by use. A building ors structure containing a permitted number of dwelling units by the use regulations oft this ordinance, but not meeting the area and dimensional requirements but was established in conformance witht the zoning ordinance ine effect at thet time of construction, shall be nonconforming by dimension. Sec. 205. Applicability. restrictive regulations shall apply. Ab building, structure or parcel of land nonconforming by more than one factor, such as by use, dimension, area or parking, shall comply with all regulations oft this section. Wheret the regulations conflict, the most Sec. 206. Building or structure nonconforming by use. Nonconforming uses are incompatible with and detrimental to permitted uses in the: zoning districts in which they arel located. Nonconforming uses cause disruption of the comprehensive land use pattern of the city, inhibit present and future development of nearby properties, and confer upon their owners a position of unfair advantage. Itisi intended that existing nonconforming uses shall notj justify further departures from this ordinance 206.1. Treatment ini residential. zones. Nonconforming uses in residential zones are to bei treated ina stricter fashion than nonconforming uses located in nonresidential zones. Due to the disruption which nonconforming uses cause to the peace and tranquility of a residential zone, nonconforming uses therein 206.2. Continuance of use. Nothingi int this ordinance shall prevent or be construed to prevent the continuance ofa a nonconforming use of any building or structure for any purpose to which: such building or for themselves, or for any other properties. should be eventually abolished or reduced to total conformity over time. structure was lawfully established. (1076-010Z Zoning Code Revisions Working Version)419.2024.1) Created: 2024-01-11 15:11:46 [EST] (Supp. No. 12) Page 6of93 206.3. Maintenance and repair. Al building or structure containinga a nonconforming use may be 206.4. Moving. Al building or structure containing a nonconforming use shall not be moved in whole or in part either on or off thel lot on which iti is located unless the use contained within such building or structure is madei to conform to the use regulations of the zone in whichi iti is relocated. 206.5. Addition and enlargement. A building or structure containing a nonconforming use shall not be added to ore enlarged in any manner, including any addition ore enlargement of floor area or volume, unless the use contained within such building or structure, including such addition and enlargement, is madei to 206.6. Expansion. A nonconforming use ofab building or structure shall not be expanded into any other portion of thel building or structure which contains a conforming use or whichi is unoccupied or unused. 206.7. Intensification. Ar nonconforming use of al building, structure or land shall not be intensified in any manner. Intensification shall include, but not be limited to, increasing hours of operation, increasing the number of dwelling units or increasing the seating capacity ofay place of assembly. However, this section shall not prohibit the reconfiguration of existing dwelling units within al building or structure so long as such maintained and repaired except as otherwise provided int this section. conformi tot the use regulations of the zone in which iti is located. reconfiguration complies with the requirements of section 206.6. 206.8. Change of use. (A) Anonconforming use shall only be changed to a permitted use or1 to the same use code listed under article III. AI nonconforming use, if changed to a permitted use, may not be changed back toar nonconforming use. No mixed uses are allowed in an Rz zone. 206.9-Abondonment Ifa nonconforming use is abandoned, it may not be reestablished. Abandonment ofa nonconforming use: shall consist of intent to abandon and some overt act, ori failure to act, which would lead one to believe that the owner neither claims nor retains any interest in continuing the nonconforming use unless said owner can demonstrate ani intent not to abandon the use. An involuntary interruption ofa nonconforming use, such as by fire or natural catastrophe, does not establish thei intent to abandon the nonconforming use. However, ifa any nonconforming use is halted for a period of 12 months, the owner of such nonconforming use will be presumed to have abandoned: such nonconforming use, unless such presumption is rebutted by presentation of sufficient evidence ofi intent not to abandon the use. State law referencelg-Authonty to so provide, G.L.: 1956, S 45-24-39(c). Sec. 207. Building or structure nonconforming by dimension. Buildings or structures that are nonconforming by dimension are likely to cause overcrowding and congestion in the neighborhoods, contribute to unhealthy conditions and are contrary tot the purposes oft this ordinance. Buildings or structures that are nonconforming by dimension cause disruption of the comprehensive land use pattern oft the city, inhibit present andi future development of nearby properties, and confer upon their owners a position of unfair advantage. Iti isi intended that existing buildings or structures that are nonconforming by dimension shall not justify further departures from this ordinance for themselves or for any other property. 207.1- Continuance. Nothing int this ordinance shall prevent or be construed to prevent the continuance of the use of any building or structure nonconforming by dimension for any purpose to which 207.2- Maintenance and repair. Al building or structure nonconforming by dimension may be 207.3-1 Moving. Al building or structure whichi is nonconforming by dimension shall not be moved in whole or inj part to any other location ont thel lot in whichi iti is located unless every portion of such building or structure is made to conform to all oft the dimensional requirements of the zone in which itis located. such building or structure was lawfully established. maintained and repaired except as otherwise provided int this section. Central Falls, Rhode Island, Code of Ordinances Page 7of93 207.4-Addition ande enlargement. Al building or structure nonconforming by dimension shall not be added to or enlarged in any manner, unless such addition or enlargement conforms to all of the dimensional 207.5- Expansion. A conforming use within al building or structure which is nonconforming by dimension (other than byl lot area per dwelling unit) mayl be expanded into any other portion of the building 207.6-1 Intensification. AG conforming use within al building or structure which is nonconforming by dimension may bei intensified, provided that suchi intensification is in conformance with the use and lot area 207.7- Change in use. A conforming use within al building or structure which is nonconforming by 207.8- Demolition. Al building or structure nonconforming by dimension, if voluntarily demolished, shall not be reconstructed, unless it conforms with the dimensional regulations of the zone in which iti is located. Such voluntary demolition shall be considered an abandonment oft the use as set forth in section 206.9. Ifs such! building or structure isi involuntarily demolished, destroyed, or damaged, itr may be repaired or regulations of thez zone in which thel building or structure is located. ors structure which is unoccupied or unused. per dwelling unit regulations, if applicable, for the zone in which iti is located. dimension may be changed to any other conforming use. rebuilt toi thes same: size and dimension as previously existed. Sec. 208. Land nonconforming by use. oni the same or adjoining property. 208.1- Continuance. The lawfully established nonconforming use of land, where no buildingi is involved, may be continued, provided that no such nonconforming use of land shall in any way be expanded or intensified either 208.2- Change of use. The nonconforming use of land: shall not be changed to a different use, unless such use conforms to the use regulations of the: zone in which iti is located. Sec. 209. Land nonconforming by area. 209.1. Enlargement of undersized lots. Lawfully established lots which have less than the minimum area requirements may be maintained and mayl be changed by adding additional land to such lots without prejudice to 209,2- Merger of undersized lots. Lawfully established contiguous unimproved, or improved and unimproved, substandard lots of record int the same ownership shall be merged together to create dimensionally conforming lots or to reduce the extent of dimensional nonconformance. Said lots shall be so merged, as of 209.3-1 Lawfully established. merged lots. Any lawfully established lots which have been merged and shown ont the assessor's plats as one lot shall not be divided unless in conformance with the dimensional regulations of the rights oft the owner of such lots pursuant to the provisions of this section. September 12, 2005 the effective date of the amendment to this Zoning Ordinance. this ordinance. 209.4-5 Substandard. Lots of Record. Notwithstanding thei failure ofas single substandard lot of record or contiguous lots of record to meet the dimensional and /or quantitative requirements of this zoning ordinance, and/or road frontage or other access requirements applicable tot the district as stated int the ordinance, a substandard lot of record shall not be required tos seek any zoning relief based solely on thet failure to meet minimum lot size requirements of the district in which such lot isl 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 byt the same proportion as the lot area of the substandard lot ist to the minimum lot area requirement of the zoning district in which the loti is (1076-0102 Zoning Code Revisions MethVmiABPAT Created: 2024-01-11 15:11:46 [EST] (Supp. No.1 12) Page8of93 located. All proposals exceeding such reduced requirement shall proceed with a modification request ora dimensional variance request, whichever is applicable. 209.5 Merger prohibited for certain lots. 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 thel lots within two hundred feet (2001 ft) of the subject lot, as confirmed by the zoning enforcement officer. ARTICLE II. USE REGULATIONS Sec. 300. Compliance with regulations. uniformly to each class or kind of structure or land. The regulations set by this ordinance within each district shall be minimum regulations and shall apply Sec. 301. Use code. Thei following use regulations in Table 1 and Table 2 are designed to regulate land uses in the various zoning districts ini the city. Each use group isi identified by a use code number and isas separate use. The use code is.a classification system designed to limit and aid ini thei interpretation of the use regulations. The code number in the use regulations corresponds to a more detailed listing of uses in appendix. A of this ordinance. Where a use is not specifically listed, such use is not permitted unless the building official shall (pursuant to G.L. 1956, S 45-24-54) upon written request, provide written information tot the requesting party as to the determination that the use is included within the appropriate use code number in appendix. A of this ordinance within 15 days of the written request. In the event that no response is provided within such time, the requesting party shall have the right to appeal to the zoning board of review for such determination. Sec. 302. Public utilities and public cservices. (Od.d101620190),3) The provisions of this ordinance shall not be construed so as to limit ori interfere with the construction, installation, operation and maintenance for public utility purposes of water and gas pipes, mains and conduits, electric light ande electric power transmission and distribution lines, telephone lines, cable television lines, oil pipelines, sewer mains, and incidental appurtenances and installations. Séc. 304 Permitted Uses (1) Notwithstanding: any other provision of this ordinance, the following uses are permitted uses within all residential zoning use districts and alli industrial and commercial zoning use districts except where residential usei is prohibited for public health or safety reasons: (a) Households; (b) Communtyresidences, and (1076-010Z Zoning Code Revislons Working Version)4 4.19.2024.1) Created: 2024-01-11 15:11:46 [EST) (Supp. No.12) Page 9of93 (c)F Family daycare homes. (2) Any time al building or other structure used for residential purposes, or a portion ofal building containing residential units, is rendered uninhabitable by virtue ofà casualty such as fire or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured home, or homes, as the need may be, elsewhere upon the land, for use and occupancy of the former occupants for ap period of upt to twelve (12) months, or until the building or structurei is rehabilitated: and otherwise made fit for occupancy. The property owner, ora properly designated agent of the owner, is only allowed to cause the mobile and manufactured home, or homes, to remain temporarily upon the land by making timely application to thel local building official for the purposes of obtaining the necessary (3) Notwithstanding: any other provision of this ordinance, appropriate access for people with disabilities to residential structures is allowed as a reasonable accommodation for any person(s) residing, ori intending to reside, (4) Notwithstanding any other provision oft this ordinance, an accessory dwelling unit (ADU) in at that complies (5) When used int this section the terms "people with disabilities" or "member, or members, with disabilities" means a person(s) who has a physical or mental impairment that substantially limits one or more major life (6) Notwithstanding any other provisions of this ordinance, plant agriculture is a permitted use within all zoning districts, including alli industrial and commercial. zoning districts, except where prohibited for public health or (7) Adaptive reuse,Nolwithstanding any other provisions of this ordinance, 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 is a permitted use, under the criteria described below under Eligibility. permits to repair or rebuild the structure. ini the residential structure. with S5 45-24-31 and 45-24-73 shall be permitted. activities, as defined in $4 42-87-1(7). safety reasons ort the protection of wildlife habitat. 1. Eligibility. Adaptive reuse development musti include at least! 50% of existing gross floor area developed into b. There are no environmental land use restrictions recorded on the property preventing the residential units. conversion to residential use by RIDEM ori the US EPA. 2. Pensitycalculations. 1. For projects that meet the following criteria, the residential density shall be no less than fifteen (15) dwelling units per acre: Where the project is limited tot the existing footprint, except that thet footprint is allowed to be expanded to accommodate upgrades related to the building fire code, and utility ii. The development includes at least twenty percent (20%) low- and moderate-income requirements. housing. Central Falls, Rhode Island, Code of Ordinances Page 10of93 ii. The development has access to public sewer and water service or has access to adequate private water, such as wella and/or wastewater treatment systems approved byt ther relevant 2. Fora all other adaptive reuse projects, the residential density permitted int the converted structure shall be the maximum allowed that otherwise meets all standards of minimum housing and has access to public sewer and water services or has access to adequate private water, such as well and wastewater treatment systems approved by the relevant state agency for the entire 3. The density proposed for any adaptive reuse project shall be determined to meet all public health state agency for the entire development as applicable. development, as applicable. and safety standards. 3. Dimensional requirements. 1. Notwithstanding any other provisions of this section, existing building setbacks shall remain and 2. No additional encroachments shall be permitted into any nonconforming setback unless reliefi is 3. Notwithstanding other provisions of this section, the height of the structure shall be considered legal nonconforming ifite exceeds the maximum height of the zoning district in which the I. Any rooftop construction necessary for building or fire code compliance, or utility are considered legal nonconforming. granted byt the permitting authority. structure is located. infrastructure is included in thel height exemption. d. yed uses within an adaptive reuse project. 1. Residential dwelling units are a permitted usei ina an adaptive reuse project regardless of the zoning district in which the structure isl located, in accordance with the provisions of this section. Central Falls, Rhode Island, Code of Ordinances Page 11 Lof93 Sec. 305. Use regulations. Permitted uses are denoted with a "Y" for yes. Uses which are not permitted are denoted with an' "N" for no. Uses permitted only upon approval of the board are denoted with an' "S" for special use permit. A special use permit shall only be approved ina accordance with the provisions of this ordinance and only ift the proposed use meets the criteria described in Sec! 514. Where a use is located in an overlay zone, additional uses are permitted, and other restrictions shall apply in addition to the underlying uses listedi int this table. Any number of uses may be located on: al lot provided each use is permitted anda all other requirements oft this ordinance are met. Central Falls, Rhodel Island, Code of Ordinances Page 12of93 0 N N N N a NN N NN N NN N N N N N N N NN N 8 N N > 8 N N zz Mz >N >N > N N zz N N N zz N NN N zz N N N zz NN N z N N z N N z N N w N N s NN NN N > 3 NN NN N NN M zz zz SJ s s PE a 11 N aN NN N NN 3 N Sz 3z 2 N - a NN a N NN NN N NN N N N N N N N N N N N N N N N N NN N NN N s (s is N NN N N zz zz N N M zz N N z s NN N z is NN s nz 3 > is is N i3 > is 3 NN s > N zz zz N zz zz NN NN zz zz N ai LE 5 5 NN a N 2 Nn N N 8 N Sz Sz 2 NN N N N N NN N s s > > > N N N N N > NI N N N > N N N N N zz N Mz N Mz N zz N N M zz N zz N Mz N zz NN zN N N NN N MN N N zz N N N N R N > N N 26 6 00 a 0 3 3 4 B 3 N A N zz N N zz N N NN zz N N zz N NN > N zz N s N> > NN N N N N N NN s N NN NN NN N > > s >> > C > 8 3 2 a > > N >> N N > > > NN > > N N > N > N N >N N NN N zz N N zz N N > N zz N N Mz N N > N zz N NN zz N N W $ 1 3 N N az NN : N N N N N N N N N is N s N N N s N N NN NN N N N NN N N N N N > N iS s 3 N N 3z s 3z NN Zz NN a N NN a N M N NN N N N N N N N N N NN 00 3 B B 1s LA 3 a E N 8 8 3 2 E zz N N zz N N N N N N N M N s > M NI N N NN Z N N Mz N zz N N s s - NN > >N N zz N zz N zz N zz N zN N zz N > N Mz zN M N N NN NN N s s NN M in 00 5 d0 6 8 oe U N N az N N > > 3 s is 3 is s 3 s is 2 s a s > E i3 zx N N zx zz zx s N z 3 N Mx NN N zx zz zx zz z: zz z N N Mx N NN N N NN N s N N N N N N N NN N N N 1 9 6 a N N az N a N N N N N 8 N NN Sz N Sz N 2 NN NN E N N N N NN N N N N N N N N N N NN NN N N N N N N N NN N N N N NN N N N N NN NN NN N NN N NN N N N > N N > > N N N NN N N N NN N N N N NN N N. NN N NN NN N N N N N N N NN N N N N N & R 0 E N P 1E 0 N a. N - M N N NN 8z Sz 3z 2z E N E N zz zz zz zz zz zz zz zz zz NN NN Mz zz NN N N zz Mz N N N MN zz is > N zz zz is is N zz zz N N N Mz zz N N N zz MN NN N N Mz zz NN N N Mz zz N N N MN zz N NN N N N N N N N N N N NN MN zz zN Mz MN zz Mz Mz N NN NI N J 4 12 R N N N N N N N a N N N N N N N N NN is N iS s 3 N NN NN NN s 3 3 3x NN N N N N N Sz N N NN N N NN 3z N N N NN NN NN 3z N N NN N N NN Ez N N N NN N N a NN N N NN N N N N N N NN N N N N s N > N > N NN > N N NN N N N - 3 N N N N NN N N is N N N N 9 P 6o 8 60 & 00 6 N zz az N N N NN N i3 M N N is 8 N MN Sz zz 3z zz 2 NN zz Ez zz a N zz 86 TABLE2-CONANT THREAD USE REGULATIONS Zoning District Residential uses. One-family dwelling. Two-family dwelling. Three-or four-family dwelling. Multifamily (five dwelling units and over). State-licensed community residence.* Convent or rectory. Family day-care home, up to eight children. Manufactured home park.* CT N N S Y N N N N N Y Y N Y N Y N Y Y N Y A A A 1. A.. B. C. D. E. F. G. H. I. J. K. L. M. N. O. 2. A. B. C. D. E. F. G. H. I. J. K. L. M. 3. A. Taking of boarders or leasing rooms by a person residing N on the premises for not more than two boarders. Rooming house up to six rooming units. Rooming house over six rooming units (limit 12 persons). N Mixed esdenta/commercial uses. Independent-living facility.* Nursing care and assisted living facilities (623110). Artist studio, display and sales. Accessory uses. Garage, no dwelling units Storage shed up to 150 square feet in area. Storage shed over 150 square feet in area. Swimming pool (residential use). Fence. television. Home occupations. Private greenhouse. Flagpole. Ground-mounted antenna for amateur radio and Satellite dish antenna two feet to eight feet in diameter. A Satellite dish antenna over eight feeti in diameter. Sale. of handicraft or homecraft products incidental to theirY manufacture on the premises, provided that the display of such merchandise shall not be visible from the street. Accessory manufacturing. Transient residential. A N Bed-and-breakfast home (one dwelling unit).* Central Falls, Rhode Island, Code of Ordinances Page 240 of93 B. 4. A. B. C. D. E. F. G. 5. A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P. Q. R. S. T. U. 6. A. Hotel and motel.* Y Gardening and raising of animals. Gardening/Farming, not to include the raising of animals.* Y Greenhouse/Nursery not used for a private gainful A Y A N N N Y N Y N N Y N Y Y S Y Y Y Y N Y N Y N Y business. Commercial greenhouse or nursery. Keeping of animals as household pets. Raising of animals. Publiczoo. Pigeon loft. Public, education and recreation uses. Place of worship (813110). Cemetery. Public museum or library. Hospital (622). Municipal incinerator (562213). Municipal fire station (922160). Municipal refuse transfer station (562111). Municipal structure or use not otherwise specified herein. Y Individual instruction as defined by S 410-46C(2). Elementary or secondary school (611110). Trade or vocational school (61151). Schools not otherwise defined (611410, 6116). Historical museum or art gallery, including incidental retail Y Day-care center.* sales (712110). Community center. Municipal park. Civic, social, fraternal organization (8134). Nonprofit recreational facility. Marina (713930). Municipal police station/ substation (922120). Municipal correctional institute (922140). Neighborhood commercial uses. Retail store of less than 2,500 square feet per establishment. Central Falls, Rhodel Island, Code of Ordinances Page 25 of93 B. C. 7. A. B. C. D. E. F. G. H. I. J. K. L. 8. A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P. Q. R. S. Eating places of less than 2,500 square feet of gross floor Y Service business of less than 2,500 square feet of gross Y floor area per establishment, primarily serving local needs. area. General commercial uses. Grocery store over 20,000 square feet. needs of the City. Tavern with liquor license. Any commercial use with a drive-in window. Multitenant commercial structure. S Retail store over 2,500 square feet serving the general Y Restaurant exceeding 2,500 square feet of gross floor area.S Y N Y S N N Y Y Y Y N N N Y Y Y Y Y Y Y Y Y Y Y Y N N S Nightclub. Flea market.* Auction house.* Incubator. Gallery. Personal services. Studio (photography, film, recording, design). Coin-operated dry cleaner and laundering (812310). Dry-cleaning plant, except rugs (812320). Carpet and upholstery cleaning (561740). Funeral services (812210). Bank, credit union (5221). Beauty salon, barbershop (81211). Travel agency (561510). Physical fitness facility (713940). Tattoo parlor (81219). Massage therapy (81219). Tanning salon (81219). Electrolysis (81219). Photographicstudio (541921). Cobbler (811430). Tax return preparation (54121). laloring/Dresmaking Check cashing (522390). Pawn shop.* Pet care services (812910). Central Falls, Rhode Island, Code of Ordinances Page 26 of93 T. U. 9. A. B. C. D. E. F. G. H. 10. A. B. C. 11. A. B. C. D. E. F. G. H. I. 12. A. B. 13. A. Pet overnight boarding. Community food services (624210). Business services. Services to dwellings and buildings (5617, except 561710). Y Equipment rental and leasing and automotive rental and S leasing (5322, - 5321). Industrial equipment rental and leasing (5323, 5324). Business support services (5614, except 56143). Pest control (561710). Photocopying and duplicating service (56143). Employment agency (561311). Security systems services and locksmiths (56162). Ambulatory health care services (621). Veterinarian (541940). except 8134). S Y N Y N Y Y Y Y Y Office uses. Other office use (541, except 541940, 541921; and 813, Y Automotive and auto body repair, services and garages. General automotive repair shops (81111). Other automotive repair shops (811198). Automotive services, except repair (811191). Auto body repair shops (81112). Carwashing facility (811192). (441, except 441222). Boat dealer (441222). Motor vehicle towing (488410). Miscellaneous repair services. (811212, 811219, 811310). Amusemen/recreation services. N N N N N Gasoline service station, including repair facilities (447). N Automobile, truck and motorcycle sales, rental and service N N N Miscellaneous repair Services (811211, 811213, 8114). Y Commercial and industrial machinery repair services S Motion-picture theater, except drive-in (512131). S Central Falls, Rhode Island, Code of Ordinances Page 27of93 B. C. D. E. 14. A. B. C. D. Performing arts venues and related businesses (711, Bowling alley, billiards and pool. Other amusement and recreation (713990). Y Y S except 711190). Non-gambling coin-operated amusement devices (game S rooms). Parking Vehicle storage. Parking garage or parking area. N Y Y Parking garage or parking area for noncommercial Parking garage or parking area within 100 feet ofa any commercial, riverfront, or industrial zone. Storage of one truck of not more than three-fourths-ton A capacity, owned and operated by a person residing on the premises, specifically excluding vehicles used for the transportation of liquids, gases, rubbish, trash, garbage or Parking of commercial vehicles over three-fourths-ton Storage for noncommercial registered automobiles owned A and operated by a person residing on the premises. Off-street parking garage or parking area as required by A vehicles. other noxious matter. capacity. E. F. G. 15. A. 16. A. B. C. D. E. F. G. H. N Article IX. Wholesale commercial uses. of goods, supplies or equipment. Public utility uses. 221310). Public utility pole. Water tower. Wholesale commercial use, including the sale and. storage N Communications office (517), excluding antennas. Electric, gas, water, and irrigation stations (22112,22121, S Public utility tower not otherwise specified herein Radio or television transmission tower. other than a freight or trucking terminal. Personal communications system antenna.* Y Y Y Y Y S Any other structure which is part ofa a public utility system, S Central Falls, Rhode Island, Code of Ordinances Page 28of93 I. 17 A. B. C. D. 18 A. B. C. D. E. F. Wireless communications antenna.* S Y Y Y N N N N N Transportation uses. Heliport. Railroad. Passenger transportation terminal. Freight or trucking terminal. Storage uses. storage or distribution. Storage uses. Coal, lumber or wood yard heating oil Storage of equipment, products, supplies or material. Storage of junk, automotive junk, junkyard, commercial N Storage of flammable or volatile materials. Storage of building materials and equipment incidental to A Hazardous substances: any substance or mixture, or substance which is toxic, corrosive, an irritant, a strong sensitizer flammable or combustible, or generates pressure through decomposition, heat or other means if such substance may cause substantial personal injury or Permanently sited trailers for storage use. Rental storage space (53113). Industrial uses. junkyard. adjacent construction. substantial illness. G. H. 19 A. N N Y Manufacture, processing or treatment of products, provided that they are principally sold at retail on the premises, and provided that not more than five persons are engaged therein. Processing of food and kindred products (311,312). Textile mill products (314, 313). Apparel and other textile products (315). Lumber and wood products (321). Furniture and fixtures (337). Paper and allied products (3222). B. C. D. E. F. G. H. I. Y Y Y S Y S Y S Printing and publishing (323) and sign manufacturing Plastic materials and synthetics (3261). (339950). Central Falls, Rhode Island, Code of Ordinances Page 29 of93 J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. X. Y. Z. AA. BB. CC. DD. 20 A. B. C. D. Drugs, pharmaceutical (32541). Soaps, cleaners (3256). Miscellaneous chemical products (325, except 3256, Petroleum products (324). Rubber and miscellaneous plastic products (3262). Leather and leather products (316). Stone, clay and glass products (3271, 3272). Primary metal industries (331, except 33141). Fabricated metal products and services (332, except Jewelry, silverware and plated ware (33991). Bulk storage of propane with the primary purpose being N distribution and transportation to commercial: and Quarrying or mining of sand, gravel or rocks. Y S S N N N Y N S S 3259). 332992-332995). industrial users. Rock or stone crushing. Manufacturing of firearms. Manufacturing use not listed. Multitenant industrial structure. Boat and ship building (3366). manufacturing (3391, 33994). Miscellaneous manufacturing (3399). Artist studio, display and sales. Signs. See 5 410-88A to E. Billboard, bulletin type. Billboard, 30-sheet poster type. Billboard, eight-sheet poster type. N N N N Y Y Y S Y Y N N N Machinery manufacturing (3334, 3335, 334, 335). Medical equipment, medical supplies and office supplies Y Signs. (Ord. of4-11-2012;Ord. of3-10-2014(1); Ord. of3-10-2014(2); Ord. 0f101620190.5130n. of10-16-201912), 53;Ord.of10-14-20200),993,40rd. di322.1110.6aBA ARTICLEIV. DIMENSIONAL REGULATIONS Central Falls, Rhode Island, Code of Ordinances Page 30of93 Sec. 400. General. Dimensional regulations fore each of the zones and overlay zones (if applicable) are provided in thei following tables, unless otherwise affected by nonconformance for substandard lots ofrecord. Sec. 401. Residential zones. D=Loto depth. W=Lotv width. Maximum height Minimum lot area Minimum lot area per dwelling unit Minimum lot width and frontage Minimum front yard Minimum side yard Minimum rear yard Maximum lot coverage R-1 zone 2stories 301 feet 5,000sq. ft. N/A 40ft. 18ft.D 8ft.W 20ft.D 35% R-2 zone 2s stories 30 feet 5,000 sq. ft. sq. ft. for each additional unit 40ft. 18ft.D 8ft.W 20ft.D 40% R-3 zone 3stories 30f feet 5,000 sq.ft. sq. ft. for each additional unit 40ft. 18ft.D 8ft.W 20ft.D 40% 2,500 sq. ft. for first 2,000 sq. ft. for first 2units and 1,500 3units and: 1,000 4011-Supplementany dimensional egulations-Residentiol zones. (A) A rear yard may be reduced to not less than 20 percent times lot depth provided the front yard is extended so that the combined total of thei front and rear yards is not less than 40 percent times lot (B) Building coverage and other paved areas shall not reduce al lot's open area to less than 800 square feet. (C) Paving shall not reduce af fronty yard's open area by more than 24% for a single family home not more 401.2- Minimum contiguous buildable areas. Lots in R and Cz zones to be buildable shall have a minimum contiguous buildable area (not buildable areas include wetlands, floodplains, easements, rock outcroppings and depth. than 36%1 for a multi-family home. steep slopes) equal to the following: Zoning District R-1 Minimum Lot Area 5,000 sq. ft. R-2 Minimum Lot Area 5,000 sq. ft. R-3 Minimum Lot Area 5,000 sq. ft. C-1 Minimum Lot Area 5,000 sq. ft. C-21 Minimum Lot Area 5,000 sq. ft. C-DI Minimum Lot Area 5,000 sq. ft. Minimum Contiguous Buildable Area 2500 sq. ft. 2500 sq. ft. 2500 sq. ft. 5000 sq. ft. 5000 sq. ft. 5000 sq.ft. 11076 010Z Zoning Code Revisions Working Version)419:2024.1) Created: 2024-01-11 15:11:47 [EST] (Supp. No.1 12) Page 31 of93 Sec. 402. Commercial and industrial zones. A. C-1, and C-2 and C-D: zones shall have a height restriction of 451 feet for all structures and a minimum lot size of 5,000 square feet. B. Aminimum: sidey yard set back and back yard set back of 8f feet is required in a Czone. Where an industrial or manufacturing building is proposed to be constructed in any M: zone, there shall be a minimum unobstructed distance of 30 feeti from any existing industrial or manufacturing building. Said minimum distance shall be measured from the outer edge of the building envelope of the proposed building to the outer edge of thel building envelope of the existing building. Distances resulting from building setbacks fromi thel lot line, the width of existing streets and parking aisles may bei included within the 30-foot separation. Through the granting ofa special use permit, the board may allow two abutting owners to combine yards to permit unobstructed access (Ond.of102620220)51,10262022) Sect. 403. Modifications to Dimensional Requirements. literal dimensional requirements of this ordinance asi follows: The zoning officer is authorized to grant modification permits of up to and including twenty percent (20%) of the Within ten (10) days of the receipt of a request for a modification, the zoning enforcement officer shall make a decision as tot the suitability of the requested modification based ont thei following determinations: 1. The modification is reasonably necessary for thei fulle enjoyment of the permitted use; 3. If the modification is granted, neighboring property will neither be substantially injured nor its 4. The modification requested does not require a variance of a flood hazard requirement, unless the The modification requested does not violate any rules or regulations with respect to freshwater or b. Upon an affirmative determination, in the case of a modification of five percent (5%) or less, the zoning enforcement offer shall havei the authority toi 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 the 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 or town that the modification willl be granted unless written objection is received within fourteen (14) days of the public notice. Ifwritten objection is received within fourteen (14) days, the request for modification. shall be scheduled for the next available hearing before the: zoning board of review on application fora a dimensional variance following the standard procedures for such variances, including notice requirements provided for under this chapter. If no written objections are received within fourteen (14) days; the zoning enforcement officer shall grant the The zoning enforcement officer may apply any special conditions to the permit as may, in the opinion of the officer, be requested to conform to thei intent and purposes oft the zoning ordinance. appropriate use substantially impaired; building is built in accordance with applicable regulations; coastal wetlands. modification. Central Falls, Rhode Island, Code of Ordinances Page 32of93 d. The zoning enforcement officer shall keep public records of all requests for modifications, and of findings, Costs of any notice required under this subsection shall be borne by the applicant requesting the determinations, special conditions, and any objections received. modification. ARTICLE V. SUPPLEMENTARY REGULATIONS Sec. 500. Purpose. The purpose of supplementary regulations is to set specific conditions and dimensional and performance criteria for various uses or areas, where the general regulations are not applicable, and to set standards fort the granting of special use permits. Where the provisions of this section may conflict with those in Section 604 Conant Thread District, the provisions for Section 604 shall govern. O1d.0r101620192.54, Sec. 501. Accessory uses. Accessory uses are uses which are clearly incidental to and customarily associated with the principal use and shall be operated and maintained under the same ownership and on the same lot as the principal use ands shall include, but not necessarily be limited to, private garages, home occupations, swimming pools, and accessory parking. Accessory uses are subject to all the requirements of this ordinance, except as provided herein. 501.1 -Accessory uses in Rz zones. A) No accessory use, other than a private garage, shall be located on any lot having an area of less B) Accessory uses or any combination of such uses may be included in an accessory building of one or1 two stories, and no more than 201 feet in height and may occupy no more than 50 percent of No accessory buildings or structures shall be permitted between the front ofa main structure D) Within any Rz zone, where an existing principal structure isl less than 201 feeti from thel lot line, an accessory building shall not be located less thant ten feet from any existing principal or accessory structure on an adjacent or contiguous loti ift the proposed accessory structure is one story or shall not be located less than 201 feet from an existing principal or accessory structure on an adjacent or contiguous loti ift the proposed accessory structure is two stories. Where ay yard abuts upon a public right-of-way no accessory building shall be erected within 18 feet ofs such public right-of-wayi ifit contains a garage that is accessible from said: street. F) A detached garage or shed may be located in the required rear yard but not less thani five feet from the rear lot line. A detached garage located withina a rear yard may have its driveway within G) Ag garage attached tot ther main building or structure: shall maintain the side yard and rear yard setback requirements as specified in article IV for the zone in which itis located. Such garage shall be no more than one story or 141 feet in! height and 24 feet in depth. than! 5,000 square feet. the area ofa a rear yard. and the street. the required sidey yard. Central Falls, Rhode Island, Code of Ordinances Page 33 of93 H) Ap private garage or shed may be used to store vehicles, boats, recreational vehicles or similar equipment owned by the occupant. Storage or parking of tractor-trailers is prohibited in R: zones. No recreational vehicle shall be used for residential occupancy. No recreational vehicle shall be stored for a period in excess of oney year unless iti isi in a condition for safe and effective 501.2-Accessory! buildings and uses in Cand M: zones. Accessory buildings which contain 2,500 square feet or less of gross floor area shall onlyi include a garage for the exclusive use of the owner and customer(s) or the storage of commercial vehicles. Accessory buildings exceeding 2,500 square feet of gross floor area are permitted to contain any accessory use whichi is incidental and customary to the main use, includinga garage or storage building. All such buildings shall be on the same lot as the main use. Any accessory building or structure ina a Cor M zone that abuts an R: zone: shall have as setback of 201 feet from the property line of 501.3-A Accessory manufacturing uses in C-1, C-2, and C-Dz zones. Incidental manufacturing uses to any permitted use are allowed in C-1,C-2, and C-D zones provided such manufacturing uses are performed on the same lot as the main use; are clearly incidental and customary to the main use being performed on the premises; generate no perceptible odor, dust, smoke, noise, vibration or electrical interference from outside the property. and all such products produced on thel lota are: sold on the premises. A maximum of 25 percent of the gross floora area of the permitted use may be devotedi to manufacturing, compounding, processing or treatment of products, or to catering, cleaning, laundering, plumbing, upholstering and the like. Sec. 502. Screening of trash/garbage collection areas, dumpsters and utility structures. 502.1- Screening of trash containers and dumpsters. All commercial and industrial uses, and residential uses ofi four families or more, shall provide trash and/or garbage collection areas or dumpsters enclosed on atl least three sides by: a solid wall, opaque fence or compact planting screen of at least five feet in height, ifsuch area is not within an enclosed building or structure. In order to provide adequate vehicular access to andi from dumpsters, there shall be a minimum clearance of nine feet between any such dumpster and any principal structure. 502.2- Screening of on-ground utilities. Utility structures, substations, telephone exchange substations, dish antennas and similar uses: shall be enclosed on atl least three sides by a vegetative screen of hardy evergreens or shrubs at least three feet high at time of planting and which shall be sufficient to effectively provide a visual screen 502.3-Location of dumpsters. Dumpsters shall not be located in front yards except as permitted byt the performance oft thef function for which iti isi intended. the abutting R: zone. from adjacent R: zones. board as a dimensional variance. Sec. 503. Reserved. Sec. 504. Outside storage of vehiçles. Alla auto service stations, new and used car dealerships, recreational vehicle dealerships, garage repair shops, auto body shops, car washes, storage of vehicles, and similar types of uses shall meet the following requirements: 504.1- Overnight outside storage. Overnight outside storage of any vehicles intended to be repaired 504.2. Storage of junk vehicles. Storage of anyj junk vehicles shall not be permitted unless said vehicles are kept within an areai that is completely enclosed on all sides by a six-foot-high tight board fence ora similar type ofs screening. Said vehicles shall be deemed as stored vehicles, limited under section 504.1. shall bel limited to one vehicle for every! 500 square feet of lot area. Central Falls, Rhode Island, Code of Ordinances Page 34 of93 Sec. 505. Outdoor display of merchandise (other than autos). Except in an Rz zone, outdoor displays are permitted up to ten percent of the gross floor area ofa commercial establishment. Such outdoor display shall be located ont the same lot as the main use or may be located ont the adjoining city sidewalk only with the appropriate city permits and/or licenses. No additional parking shall be required for such additional area, provided existing parking is not reduced. The goods displayed shall be removed att the end of each business day. Sec. 506. Height modifications. 506.1- Roof structures permitted above maximum height. A. The following roof structures are permitted above the maximum height as specified in this ordinance, provided that thet total area of all such appurtenances is not more than one-third of the total roof area of thel building: (2) Stairways, (3) Fire or parapet walls, (4) Skylights, (5) Towers, and (6) Steeples. (1) Structures for the housing of elevators and elevator shafts, B. Thei following roof structures are permitted above the maximum height as specified in this ordinance, provided that thet total area of all such appurtenances is not moret than one-third oft thet total roof area of thel building, and provided that such features shalll be set back from the edge of the roofa a minimum distance of one footi for every twoi feet by which they extend above the roof: (1) Heating and air-conditioning equipment, (2) Ventilating fans, (3) Storage tanks for water, (4) Television, radio or satellite dish antennas or masts, (5) Chimneys or roof-mounted smokestacks, (6) Roof-mounted flagpoles, and (7) Similar equipment required to operate and maintain a building. No such roof structure as set forthi int this subsection B. shall exceed the maximum height for the zone in which iti is located, except by the amounts allowed herein: (1) Buildings from one to six stories: Teni feet. maximum total of 201 feet. (2) Buildings exceeding six stories: Ten feet plus one foot per storya above the sixth story toa Solar collectors are permitted above the maximum height as specified in this ordinance provided that they are set back3 31 feet from the edge of the roof and therei isa parapet wall on all sides of the roof. (Ord. of1 10262020.1110.6.02 11076-010Z Zoning Code Revisions Working Version/419.20241) Created: 2024-01-11 15:11:47 [EST] (Supp. No. 12) Page 35 of93 Sec. 507. Yards apply to only one building. No required yard or other open space around an existing building, or whichi is hereafter provided around any building for the purpose of complying with the provisions of this ordinance, shall be considered as providingay yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing yard or open space on al lot whereon al building is to be erected. Sec. 508. Front yard modifications. directions, on both sides oft the same street. may serve as a required rear yard. required front yard: setbacks. Sec. 509. Common/Party Walls.. 508.1-Averaging: setbacks. The minimum required front yard of anyl lot proposed to be built on may equal the average of the actual front yards, lawfully established on lots wholly or partially within 1001 feet in both 508.2- Through lots. At each end ofa at through lot there shall be ai front yard of the depth required by this ordinance for the zone in which each street frontage is located. However, in all R zones, one of these front yards 508.3- Corner lots. On a corner lot in an Rz zone, all yards fronting oni intersecting streets shall meet the For the purpose of sidey yard regulations, any dwellings which occupyas single lot but have a common party wall shall be considered as one building. (For example, two-family detached dwellings or row dwellings). Sec. 510. Projections into yards. 510.1- Cornice, sill or chimney. A cornice, eave, belt course, sill, canopy or other similar architectural feature (noti including bay window or other vertical projection) may extend or project into a required sidey yard not more than four inches for each 16 inches of width ofs such sidey yard and may extend or project into a required front, side, or rear yard not more than 30 inches. Chimneys may project into a required front, side, or rear yard not more than 510.2-F Fire escape. Af fire escape may extend or project into any required front, side or rear yard not more 510.3- Open stairway, balcony or porch. An open, unenclosed stairway, balcony, porch, deck, platform or landing place, which, except for the roof, does not extend above the level oft thei first floor of the building may extend or project into any required fronty yard not more than six feet, andi into any required side yard six feet, but in no case closer than four feet tot the side or rear lot line. This provision does not apply to handicapped access 16 inches provided the width ofs such side yard is not reduced to less than four feet. than four feet. ramps. Sec. 511. Only one main residential building on a lot. Every building hereafter erected shall be located on al lot as herein defined. In no case shall there be more than one main residential building and upt to two accessory buildings on one lot. The only exception to this isa mult-household dwelling and/or a condominium development with four or more living units which may be housed in multiple structures. (Ord.of1 1025.020.51.10.5.02 (1076-010Z Zoning Code Revisions Working Versionl 4.19.2024.1) Created: 2024-81-11 15:11:47 [EST) (Supp. No.12) Page 36 of93 Sec. 512. Corner setback. In anyt triangle formed byt thes street lines intersecting at an angle of 100 degrees or less, there shall bea corner setback of 151 feet from the point of intersection, wherein nol building or structures mayl be erected, no parking areas or entrances may be created and no vegetation or fencing may be maintained. above the height of 3% feet above the plane of the curb grades. Notwithstanding the provisions of this section, poles not exceeding eight inches in outside diameter designed fort the support of lights and signs may be érected in this triangle. Sec. 513. Fencing. All fences shall be constructed of manufactured metal, wood, masonry or other approved fencing material. A hedge composed of plant material adjacent to the fence may be used but shall bei in conformity with the maximum Sec. 513.1 Repair and condition. Allf fences shall be maintained in good condition, be structurally height requirements oft this section. sound, be wholly intact and be free from insect infestation. Sec. 513.2- Maximum height. Ther maximum height oft fences by zoning district shall be as follows: Zoning District RZones CZones MZones Front Yard (feet) 4 5 8 Side Yard (feet) 6 6 8 Rear Yard (feet) 6 6 8 Sec. 513.4- - Fencing at driveway entrances and exits. At driveway entrances and exits, a reduction of all closed or open fences to a (4) foot height for a distance of (8) feet from the driveway entrance/exit property Sec. 513.5- Barbed wire and razor wire prohibited. The use of barbed wire andi razor wire shall be prohibited in all zones except for a prison or correctional institution ori for public utilities. Barbed wire or linei is required for safety and visibility of persons backing out oft the driveway. razor wire shall not be less than 81 feet above ground. (1076-0102 Zoning Code Revisions Working Version)4 4.19.2024.1) Created: 2024-01-11 15:11:47 [EST] (Supp. No.1 12) Page 37of93 Sec. 514. Special use permits. Thei following uses shall require as special use permit from the Zoning Board of Review or, if applicable pursuant to unified development review, thel Planning Board (the "review board"). Applications for special use permits must meet the specific and objective criteria specified herein as to each use: 514.1 Boarding. The review board may permit by special use permit that up to two rooms may be (a.) more than 50 percent of thel habitable space is occupied by the individual or household rented with or without meals within any dwelling unit provided: permanently occupying the dwelling unit, (b.) no more than one person may occupy any one of said rooms, (c.) cooking facilities are prohibited in guest rooms, (d.) the length oft the rental term shall be for a minimum of three months. 514.2 Temporary lodging in an R-3 zone. Ther review board may permit by special use permit temporary lodging with meals (i.e., al bed and breakfast) within a dwelling in an R-3 zone provided: (a.) more than! 50 percent of the habitable space is occupied byt thei individual or household permanently occupying the dwelling, (b.) no more thani four rooms may be rented, (c.)ift the building had been built as a dwelling, the exterior shall maintain its original appearance asa dwelling, (d.) cooking facilities are prohibited in guest rooms. (e.) meals may be served only to registered guests, (f.) leasing of a common dining area for social events is prohibited. (g.) guest stays are limited to a maximum of 14 consecutive days. (h.) no more than two individuals per bedroom shall be allowed. 514.3 Temporary lodging in commercial. zones. The review board may permit by special use permit temporary lodging with or without meals in C-1, C-2, and C-D zones provided: (a.) no more than ten rooms may be rented, (b.) cooking facilities are prohibited in guest rooms. (e.) meals may be served only to registered guests, (f.) leasing of a common dining area for social events is prohibited. (g.) guest stays are limited to a maximum of 14 consecutive days. (h.) no more than two individuals per bedroom shall be allowed. Central Falls, Rhodel Island, Code of Ordinances Page 38 of93 514.4- Alterations in an R-1 zone. Al building, in existence prior to the enactment of this ordinance, in an R-1 zone mayl be permitted byt the review board by special use permit to be altered to accommodate two or more dwelling units provided that: thet total number of dwelling units does not exceed one dwelling unit fore every! 5,000 square feet of lot area; the building is not increased in height or floor area; and all other 514.5-Alterations. in an R-2 zone. Al building, in existence prior tot the enactment of this ordinance, in an R-2 zone may be permitted by the review board bys special use permit to be altered to accommodate three or more dwelling units provided that: the total number of dwelling units does not exceed one dwelling unit for every 2,500 square feet of lot area; the building is not increased inl height ort floor area; and all other 514.6 Educational. Facilities - Primary and Secondary, Trade, Vocational, and Postsecondary (b) Atraffici impact analysis shall be required that includes an analysis of drop-off and pick up (c) Circulation plans shall be submitted with the special use permit application, stamped bya a Safe pedestrian and vehicular circulation, including pedestrian paths fromi the nearest transit stops and bicycle paths from nearby bicycle infrastructure. . There shall be a designated drop-off area near an entrance toi the building witha a queuing lane that does not block vehicle parking spaces ore extend into the street. (d) (4)As signage plan that clearly identifies the school shall be submitted with thes special use (e) (5) Al lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting forr nighttime safety shall be submitted with the special use permit application. (f) (6)7 The site shall otherwise comply with landscaping requirements of these regulations. (g) (7)As security plan including information relating to entrance procedure, police details and video and lighting locations. Thes security plan must be approved by the Chief of Police or their designee as sufficiently safe and updates shall be submitted to and approved by the Chief of Police ort their designee. To the maximum extent possible, the security plan and any updates (h) (8) Any future changes to those items depicted ont the plans shall be submitted tot the permitting authority for its review and approval prior to completion of any physical alterations provisions of this ordinance relative to residential use are met. provisions oft this ordinance relative to residential use are met. (a) The applicant shall provide proof ofl licensing as required. capacity and operations. Rhode Island licensed civil engineer, demonstrating: permit application. shall be deemed confidential documents. tot the subject property. 514.7-F Religious services (a) Circulation plans shall be submitted with thes special use permit application, stamped bya ii. Outdoor gathering space immediately outside the main entrance sufficient to hold congregant to fire code standards shall be shown ont the plans. Rhode Island licensed civil engineer, demonstrating: Safe pedestrian and vehicular circulation. Central Falls, Rhode Island, Code of Ordinances Page 39 of93 lii. Adesignated drop-off area near an entrance to the building with a queuing lane that does not block vehicle parking spaces calculated as! 5% of facility's capacity as determined by thei fire safety code, rounded up tot the nearest whole number. (b) As signage plan that clearlyi identifies the place of worship and denomination oft the congregants shall be submitted with the special use permit application. (c) Ali lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application. (d) As security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. To the maximum extent possible, the security plan and any updates (e) Anyf future changes to those items depicted on the plans shall be submitted to the permitting authority for its review and approval prior to completion of any physical alterations tot the shall be deemed confidential documents. subject property. 514.8 Daycare facility (1) The applicant shall provide proof of state licensing. (a) Safe pedestrian and vehicular circulation. (2) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating: (b) Outdoor recreation space under the custody and control of the day-care center sufficient to hold (c) A designated drop-off area near an entrance tot the building with a queuing lane that does not block vehicle parking spaces calculated as 5% oft facility's capacity as determined by thet fire safety code, (3)Asignage plan that clearly identifies the day-care center shalll be submitted with the special use (4)Alighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for (5)Asecurity plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee as sufficiently safe and updates shall be submitted to and approved. by the Chief of Police or their designee. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents. (6) Any future changes to those items depicted on the plans shall be submitted tot the permitting authority for its review and approval prior to completion of any physical alterations tot the subject property. (1) All repair and: service operations shall be performed within at fully enclosed building. All equipment (2) Vehicle services establishments shalll be screened along interior side and rear lot lines with a solid (3) No partially dismantled, wrecked, or unlicensed vehicles shall be stored outdoors on the premises. the entire facility's capacity. rounded upt to the nearest whole number. permit application. nighttime safety shall be submitted with the: special use permit application. 514.9- Automotive repair and parts shall be stored indoors. wall ori fence, a minimum of six feet and a maximum ofe eight feet in height. This standard does not apply to vehicles under repair and/or service. Central Falls, Rhode Island, Code of Ordinances Page 40 of93 (4) No motor vehicles shall be stored and no repair and/or service work shall be conducted in the (5) No access driveway may exceed 25 feet in width. For a corner lot, curb cuts are restricted to one (6) Thes site shall otherwise comply with landscaping requirements of the Regulations 514.11 - Outdoor Storage of equipment, products, supplies or material public right-of-way. curb cut for every! 501 feet of street frontage. (1) (2) (3) As site plan shall be submitted with dimension showing that all outdoor storage areas are completely Al lighting plan stamped bya Rhode Island licensed architect that shows sufficient lighting for nighttime Ac drainage plan signed bya a Rhode Island licensed civil engineer shall be submitted with the special use permit demonstrating that surface water will not congregate in storage areas and no runoff from storage enclosed bya as six-foot solid fence or wall. safety shall be submitted with thes special use permit application. areas will enter the right-of-way. (4) (5) No vehicles shall backi into or out of the property. Any future changes to thosei items depicted on the plans shall be submitted toi the permitting authority for its review and approval prior to completion of any physical alterations to the subject property. 514.10 Formula business i. ii. ii. iv. V. vi. vii. The size of anyi individual Formula Business shall not exceed two The street frontage of any individual Formula Business shall not The applicant shall submit a plan indicating the provision for rubbish There shall not be a substantial impact toi the public safety from There shall not be anyi impacts to the roadway or abutting Advertising, or anything with the corporate logo, may! be forbidden thousand five hundred (2,500) square feet of gross floor area. exceed sixty-five feet (65') in width. No drive thru windows shall be permitted. removal, including the dumpster location with proper screening and buffering so that there are not any increased traffic. At the discretion oft the zoning board, the applicant may be required to submit atraffic substantial impacts to abutting properties. study, prepared byaF RI Registered Professional Engineer, approved by the! board. properties fromi thel loading area. tol be displayed int the windows. Central Falls, Rhode Island, Code of Ordinances Page 41 of93 vili. Thel Formula Business is located at least 2,500 feet from a similar Formula business. 51412-Manufactuning: - Materials Processing Centers. (1)" The materials processing area shall be completely enclosed along all lot lines by an opaque fence a minimum of four feet and a maximum of six feet in height, including ingress and egress. Where buildings are proposed, they should be located along the street frontage, meeting setback requirements. Otherwise, screening the operation from the street, which mayi include fences, tall vegetation, or walls along the front is (2)1 The use shall bes screened along interior side and rear lot lines with a solidi fence or wall, a minimum (3) Where the use abuts a residential use or zoning district, the fence shall be set back a minimum of2 20 (4) The site shall otherwise comply with landscaping requirements of the Land Development and required. ofi four feet and a maximum of six feet in height. feet from each such lotl line abutting a residential use or zoning district. Subdivision Regulations. 514.13 Manual assembly of jewelry products. (1) Excludes jewelry manufacturing and metal processing machinery. (2) Consists primarily of carding and packaging of manufactured jewelry products. 514.3- Parking. The review board may permit by special use permit off-street parking of automobiles on one or more lots where parking spaces for more thani four automobiles are available for public use whether free, for compensation, or to satisfy parking requirements ofa principal use on a separate and 514.4- Shared driveway. The review board may allow by special use permits a shared driveway noncontiguous lot. between two lots provided that: a. each lot contains not more than four pre-existing dwelling units, and Shared driveways are not allowed for new construction in R: zones. b. an easement granting access to the driveway shall be recorded int the Land Evidence Records of the City of Central Falls prior to recording the Board's decision. 514.6-Drive-up Window. conducted. A drive-up window requires a special use permit, regardless of the zone iti is located in or the type of business The following requirements must be met int the application for a drive-up window special use permit: 1. Pedestrians must be ablet to enter the establishment from the parking lot or sidewalk without crossing 2. Ata minimum, waiting lanes should accommodate average peak monthly traffic flow, allowing 23 feet per vehicle. Waiting lane length willl be measured from the point where orders or business is first 3. Waiting lanes must be designed soi that waiting cars do not block sidewalks or public streets. the waiting or exit lines. conducted. Central Falls, Rhode Island, Code of Ordinances Page 42 of93 4. Landscaping, waiting lane devices, and overall design should not prevent vehicles from safely and efficiently leaving waiting lanes; there shall be an escape lane included in the design. 5. All lights andi illuminated materials must be screened from the view of adjoiningresidentialy zoned 6.7 The volume of menu boards and or drive-up window speakers must not exceed! 55 decibels at any A. Ina addition tot the standards set forth in 908.3 B. and 908.4, in considering a special use permit to a Formula Business, the board shall require that ALL oft thei following standards be met: 1. Approval of the formula business establishment will not alter the identity oft the business district inay way which detracts from its uniqueness or contributes to a nationwide trend of standardized 2. Approval of thei formula business establishment will contribute to a diverse and appropriate 3. Approval of thei formula business establishment will complement those businesses already in the 4. Thet formula business establishment willl be compatible with existing surrounding uses; has been designed and willl be operated ina a non-obtrusive manner to preserve the community's character and ambiance; and the proposed intensity of uses on thes site is appropriate given the uses permitted on thes site and on adjoining sites, including, but not limited to thet following: i. The size of anyi individual Formula Business shall not to exceed 2,500 square feet of gross i. The street frontage of any individual Formula Business shall not exceed 65 feet in width. iv. The applicant shall submit a plani indicating the provision for rubbish removal, including the dumpster location with propèr screening and buffering so that there are not any There shall not be a substantial impact tot the public safety from increased traffic. At the discretion of ther review board, the applicant may be required to submit a traffic study, prepared byal RIF Registered Professional Engineer, approved by the board. vi. There shall not be anyi impacts to the roadway or abutting properties from thel loading vi. Advertising, or anything with the corporate logo, may bei forbidden to be displayed int the vii. The Formula Business is located at least 2,500 feet from a similar Formula business. properties. adjoining property line or across an alley/street from the site. 514.7-Formula Business. downtown offerings; blend of businesses int thel business district; City and help promote and foster the local economic base as a whole. floor area. iii. No drive thru windows shall be permitted. substantial negative impacts to abutting properties. area. windows. State law referencets)-Special use permits, G.L. 1956, 545-24-42. Sec. 515. Home occupations. Ahome occupation, as defined in Article XI, is permitted, provided that: A) Itis conducted entirely within a dwelling unit or accessory building; Central Falls, Rhode Island, Code of Ordinances Page 43 of93 B) Itis operated only by the person or persons residing within the dwelling unit, with not more than one C) Shall have no exterior evidence of the: activity such as artificial lighting, advertisements, displays ort the D) Shall utilize not more than 50 percent of the gross floor area of the dwelling unit or 800 square feet, employee or regular assistant not residing in the dwelling unit; Further, home occupations: exterior storage of materials; whichever is less; and ) Shall have no storage or sale of goods or merchandise on the premises. ARTICLE VI. SPECIAL ZONES Sec. 600. Overlay zoning districts. Overlay zoning districts are hereby established to regulate areas and structures of historical significance, educational and health care institutions, andi mixed uses. These regulations are necessary to meet the purposes set forth in section 100 of this ordinance. Thel boundaries of the overlay: zoning districts are as defined in section 102 of this ordinance. These boundaries may be amended in accordance with article XI [sic] of this ordinance. Overlay zoning districts are designed to impose supplementary requirements and do not in any manner reduce any requirements oft the underlying zone, except where specifically provided for by this ordinance. Sec. 601. Historic district-Purpose. Historic districts are overlay zoning districts which cover designated districts or structures, which are listedi in thel National Register. of Historic Places, within the City of Central Falls. The purpose of historic districts isto safeguard the! heritage oft the city by preserving designated districts and structures of historic or architectural value which reflect elements of Central Falls' cultural, social, economic, political, and architectural history; to stabilize and improve property values ins such districts or designated structures; to maintain and foster civic beauty; to strengthen the economy; andi to promote the use of designated districts and structures for the education, pleasure and welfare of the citizens. An historic district mayi include properties which are associated with broad patterns, events, and/or people significant in local, state or national history; which embody the distinctive characteristics of a broad range of building types and architectural: styles; which) possess high artistic value and/or represent the work ofa master builder, architect, landscape architect or other designer; or which lacki individual distinction but which add tot thel historic district zone's status as a significant and distinguishable socio-cultural entity. Sec. 602. Mill building reuse development (MBRD). AI mill building reuse development (MBRD) creates a zoning overlay district within an M zone containing obsolete or underutilized manufacturing and or industrial building. The (MBRD) designation allows the development of such sites according to a plani for mixed use. All: such re-use developments shall be done in accordance with this section. 602.1- Mill building reuse development. In accordance with section 101.4 oft this ordinance, al MBRD district may contain one or more manufacturing and/or commercial structures with appurtenant accessory buildings, common areas, open space and roadways. The purpose ofa MBRD is to allow for the redevelopment oft the sitei for mixed use development through careful site planning. MBRD: zoning overlays may be applied in any Mz zone. Central Falls, Rhodel Island, Code ofOrdinances Page 44 of93 602.2-Re-use development establishment andi regulations. A) Establishment: A reuse development may be established upon approval by the planning commission pursuant to G.L. 1956, 54 45-24-47 in any M zone in which the proposed principal use ofeach building is permitted in accordance with Article Ill and 602.2 B) Permitted uses: Uses as permitted in article IlI and the following uses listed by use categoryare permitted ina a mill building reuse development: 1.0 Residential, 11,14 and 14.1 2.0 Institutional and Governmental Services, 21, 22, 24, 24.1and 24.2 3.0 Cultural, Entertainment And Recreation Services, 31, 32 (limited to auditorium, exhibition hall and theater) and 34 4.0 General Services, 41, 42, 43,4 44, 46and 47 5.0 Trade, 55,56 that: D) Additional criteria for approval: To approve a re-use development, the planning board shall find 1. That the re-use development is not displacing an active manufacturing and or industrial use. Further that therei is no reasonable expectation that manufacturing will continue at 2. The re-use development will not create as serious conflict with adjacent manufacturing and 3. The developer has a plan to notify alli tenants and owners of the buildings and units in the re-use development that they are inal M zone and that allowed M: zone uses that may be perceived as a nuisance or otherwise obnoxious shall give them no cause for action against The plans for the re-use development are consistent with the comprehensive plan. the site. ori industrial businesses in thel M: zone. suchi industrial and or manufacturing activity. Sec. 603. Osram Mixed Use Special Overlay District (OMUSOD). The Osram mixed use special overlay district (OMUSOD) creates a zoning overlay district within an M: zone, which may include properties located within an MBRD, containing obsolete or underutilized manufacturing and or industrial buildings which have been identified for specific development purposes. The OMUSOD designation allows the development of such sites according to a plan for mixed use, and further expressly permits the use of existing buildings located within the OMUSOD for certain uses set forth in Sec. 304 above. All such re-use development shall be donei in accordance with this section. 602.1-C OMUSOD development. In accordance with section 101.4 of this ordinance, an OMUSOD district may contain one or more manufacturing and/or commercial structures with appurtenant accessory buildings, common areas, open space and roadways, including the ability to utilize existing structures within the OMUSOD for Mini-storage and! Self-Storage byr right contingent on the Mini-Storage and Self-Storage occurring inside existing buildings located on properties in the OMUSOD, as of the date the OMUSOD was established hereunder, and up to at total limit of 230,000 square feet of Mini-Storage and Self-Storage within the OMUSOD. The purpose of the OMUSOD is to allowi for the further redevelopment oft the properties within the overlay district for mixed use development through careful site planning. OMUSOD zoning overlays mayl be applied in any M: zone, including within an MBRD. 602.2-Re-use development establishment andi regulations. Central Falls, Rhodel Island, Code of Ordinances Page 45 of93 A) Establishment: A reuse development may be established upon approval byt the planning commission pursuant to G.L. 1956, $45-24-47 in any M: zone in which the proposed principal use of each building is permitted in accordance with Article Ill and 602.2 B) Permitted uses: Uses as permitted in article IlI andi the following uses listed by use category are permitted in a OMUSOD development: 1.0 Residential, 11,14 and 14.1 2.0 Institutional and Governmental Services, 21, 22, 24,24.1 and 24.2 3.0 Cultural, Entertainment And Recreation Services, 31, 32 (limited to auditorium, exhibition hall and theater) and 34 4.0 General Services, 41, 42, 43,4 44, 46, 47and 48.3 5.0 Trade,5 55,56 that: D) Additional criteria for approval: To approve an OMUSOD re-use development, the zoning board, or the planning board ifr reviewed as part ofa unified development review, shall find 1. That the re-use development is not displacing an active manufacturing and or industrial use, and, further, that there is no reasonable expectation that 2. Ther re-use development will not create a serious conflict with adjacent manufacturing and or industrial businesses int the Mz zone. manufacturing will continue at the site. 3. The developer has a plan to notify all tenants and owners of the buildings and units in the re-use development that they are inal M zone and that allowed M: zone uses that may be perceived as a nuisance or otherwise obnoxious shall give them no cause for 4. The plans for the re-use development are consistent with the comprehensive plan. action against suchi industrial and or manufacturing activity. Sec. 604. Conant Thread district (CT). 604.1- Definitions. The following definitions are provided specifically for the CT District. Where these terms may have different definitions in other sections oft the Zoning Ordinance, the definitions herein shall apply to Adult Use An establishment that sells or disseminates explicit sexual material, and at which access to the public display of explicit sexual material is restricted to persons 18 years of age or older. These mayi include, but Amusement Park- An area that mayi include both outdoor and indoor areas designed for assembling crowds ofp people for the purposes of enjoying multiple attractions, which could include fairground rides, shows, Auto Body. Shop or Repair Service- An establishment primarily engaged in the repair, painting, detailing or refinishing of automobiles, noncommercial vehicles, motorcycles, recreational vehicles or boats, including the sale, installation, and servicing of equipment and parts. Such activities as well as any overnight storage will take place indoors. Typical uses include muffler shops, auto repair garages, tire sales and installation, wheel and brake shops, lubrication shops, and similar repair and: service activities. These uses shall noti include vehicle dismantling or proposals int the CT District. shall not be limited to adult. bookstores, adult cabaret, or adult motion picture theaters. refreshments, games of chance or skill, and other entertainments. salvage of parts, or the sale/dispensing of motori fuels. (1076-010Z Zoning Code Revislons MetivmimlaiszWAl Created: 2024-01-11 15:11:47 [EST] (Supp. No.: 12) Page 46 of93 Awning. Sign- As sign placed directly ont thes surface of an awning. Building Contractor Operation An establishment designed to store and periodically deploy heavy equipment Commercial Surface Parking A: surface parking area that leases spaces on a temporary basis as a primary Coordinated Development- Proposed or existing site conditions where buildings, structures, infrastructure, sitei features, and/or lot configuration are designed in a manner where these elements are organized into an Edge of Pavement Thel linear edge where curbing, sidewalks, and driveways meet the street surface. Elevated Freestanding Sign A sign that is not attached to any building andi is elevated clear oft the ground by Frontage. Area- The area between thet façade ofa at frontage building and the edge of pavement. Contains the Frontage Building Any! building thati is located along a public right-of-way or private way designed to move Frontage Zone- The part of thet frontage area immediately adjacent to the building façade. Fuel Station Anyl lot or portion thereof used partly or entirely for dispensing flammable liquids, combustible liquids, liquefied flammable gas, ori flammable gas into thei fuel tanks of vehicles. This does not include bulk storage Furnishing Zone The part of thet frontage area immediately adjacent to the edge of pavement. Golf Course The grounds where the game of golfi is played. The area dedicated to play comprises a series of holes, each usually consisting ofat teeing ground, a fairway, the rough and other hazards, and a green witha Heavy Equipment Operations - Establishments that provide service, storage, or sales of heavy duty Infill Development New buildings or structures developed where such development is contiguous with the Manufactured On-Site Home Sales- Establishments that provide for the assembly, display, storage, and sale Mini-storage and Self-storage Facilities Al building or group of buildings comprised of individual units which Monument Sign- A1 freestanding sign attached to a base that is at least as wide as the sign. The base shall Motor Vehicle and Equipment Lease and Sales Premises for the sale and/or lease of new and/or used motor vehicles (including boats) andl heavy equipment. This use mayi include the servicing and auto body repair of said Motor Vehicle and Equipment Towing and. Storage- Any lot or land area used for the storage or layover of New Development Newly constructed buildings or structures. Includes infill development. On-site Dry Cleaning An establishment that provides dry cleaning services where the cleaning operation is and bulk materials associated with construction. use. integrated concept. means of poles, posts, or similar structures. Frontage Zone, the Pedestrian Zone, and thel Furnishing Zone. automobiles, with its façade oriented to that public or private way. and wholesale of liquid fuels. flagstick ("pin") and hole ("cup"). construction machinery, vehicles, or related accessories. pre-existing pattern of buildings either ont that lot or on adjacent lots. ofmanufactured homes on the premises. mayl be rented or leased by the public for the storage of personal belongings. stand no taller thant two feet measured from grade. vehicles. passenger buses, motor coaches, taxis, limousines, and other such fleets. performed on-site. Central Falls, Rhode Island, Code of Ordinances Page 47of93 Pedestrian. Zone The part oft thet frontage area dedicated primarily to pedestrian travel across the front ofa Projecting Sign, Horizontal- As sign which is supported by an exterior wall ofal building and which is displayed Projecting Sign, Vertical- A sign which is supported by an exterior wall ofa building and which is displayed Recess Line Architectural feature on muiti-story buildings created when one building story is set back from Rehabilitation- Repair, renovation, and/or restoration activities designed to place unused or under-utilized Roof Sign As sign that projects above the roof, parapet or ridge line oft the building; or mounted upon any Salvage Yard- Establishment that collects, stores, and sells materials or items recovered from site demolition Demolition of upt to 20 percent of an existing structure designated as archtectunalynistorialy significant by the Conant Thread Historic Inventory. The area of demolition shall be measured by the building footprint. Replacing or changing the appearance of more than! 50 percent of any exterior wall on any existing Replacement of windows cumulatively covering more than 300 square feet on any building designated as arhtecturalynstoncaly significant by the Conant Thread Historic Inventory. Replacing or changing any wall sign, monument sign, roof sign, or elevated projecting sign. Changing the location of the primary entrance toi the building. property. Generallyl located betweent the frontage zone andt the furnishing zone. perpendicular tot thei face oft the building. parallel in vertical alignment with thei face oft thel building. the vertical plane oft the building story beneath it. buildings backi int to active use. See Adaptive Reuse. roof, parapet or ridge line ofab building. or other salvage operations. These establishments may or may not include outdoor storage. Significant Renovation Any improvements to an existing building that would include: principal building (not accessory structures). Single Building Large Retail- Buildings with retail or service use where the footprint of the building is 10,000 square feet or more and the building does noti include multi-family residential use in stories above the ground floor. This definition may apply regardless of the number of retail or service operations within thel building. Strip Commercial. Development- As style of site development that generally includes a series of connected or closely gathered single story commercial establishments, often situated along the side and rear yards ofal lot, with Structured Parking Facility- A multi-story structure used to park vehicles as its primary use. Transit Oriented Development (TOD). A: style of land use development designed to concentrate residential use and complementary non-residential uses in close proximity to high volume transit infrastructure. Wall Sign As sign made of any material, including vinyl and cloth, attached directly to a wall ofab building or Warehousing and Distribution Facilities- Establishments where goods are: stored in bulk temporarily before 6042-Establishment. The Conant Thread (CT) District is established pursuant to S: 101.6 oft the Zoning Ordinance. The boundaries of the district can be viewed on the city's official zoning map, pursuant to 5102 oft the parking areas between thes street edge and building entrances. Turf- Landscaped grass areas designed to be regularly mowed. as to extend not more than 15 inches from thei face of the wall. being shipped to other businesses or directly to consumers. Zoning Ordinance. 604.3-P Purpose. The Purposes of the CT District include: Central Falls, Rhode Island, Code of Ordinances Page 48 of93 A. Create a Transit Oriented Development (TOD) zoning district that connects housing, commerce, and B. Provide standards for high quality infill development, adaptive re-use, and rehabilitation. transit opportunities. Provide standards for high quality urban design that will result int the development ofs safe, attractive, 604.4- Joint planning commission. The Joint Planning Commission (JPC) is established in accordance with Chapter 2, Article V, Division 3 oft the Central Falls Code of Ordinances and includes thet five Planning Commission members in Pawtucket and thef five Planning Board members in Central Falls. Membership, therefore, includes ten individuals. The. JPC is herein given authority to review applications for development in accordance with the 604.5-A Permit review. summary. Applications for development int the CT District are reviewed as follows: and comfortable spaces for pedestrians and bicyclists. D. Expand access to streamlined permitting processes. procedures and standards set forth int this Article VI, Section 604. Permit AIIV Variances Special Use Permits Development Plan Review Building Permit Reviewing Authority JPC (Subdivision Regulations) JPC (Unified Development Review) JPCI4) (Unified Development Review) JPC or Staff Building Official Ordinance Section $604.7 $604.8 $604.8 $604.9 Various/Building Code Subdivision or Land Development Unless the Zoning Board of Review is specified. Where more than one oft the applications listed abovei is required, the applications shall be rèviewed simultaneously tot the extent practicable unless sequential review is otherwise required or is more advantageous tol both the applicant and the. JPC. Int the event that one application review is completed before another, any approval shall be conditioned ont the approval ofs subsequent applications. 604.6- Permit review criteria. A. General Criteria. In reviewing applications for development permits in the CTI District, the approving authorities for àny application shall consider thei following overarching criteria: (1) Compliance with all applicable sections ofthe Zoning Ordinance and the Subdivision and Land (2) Consistency with the goals of the City Comprehensive Plan and the Purposes of the CT District. (3) The quality and accuracy of information presented by the applicant for the proposal. (4) Compliance with the Conant Thread District Design Guidelines. These guidelines are available in the Central Falls Department of Planning and Economic Development, and may! be updated by (6) Preservation and considerate reuse of structures identified as being arhtecturalynstorialy significant by the Conant Thread Historic Inventory. Thisi inventoryi is available in the Central Falls Department of Planning and Economic Development, andi mayl be updated by the. JPC. Development Regulations. the JPC. (5) Quality of site design and building design for the proposal. Central Falls, Rhode Island, Code of Ordinances Page 49 of93 (7) The plans for such project provide sufficient designs to all dimensional: standards, including, but not limited to, parkinga and circulation, to ensure the health and safety of Central Falls residents (8) Any conditions or restrictions that are necessary to ensure that these criteria have been met B. Special Use Permits. All uses of land and structures within the CT District that require a Special Use (1) The-proposed use of land and: structures shall not deter the use of the remainder of the building and/or abutting buildings for residential or commercial uses byi introducing noise, large truck (2) The proposed use of land and structures shall not include storage or use of any materials that are harmful, flammable, noxious, or may otherwise be determined to be an undue nuisance to (3) The scale of the proposed use of land and: structures shall not directly result ini increased traffic flow, particularly large industrial vehicles, that exceeds the capacity of existing CT District (4) The proposed use of land and structures shall be consistent with the stated goals of the CT District, most specifically the creation of new light manufacturing, job opportunities, a complementary mix of residential, office, and commercial activity, the preservation of historic mill structures, and the overall improvement ofe environmental conditions through brownfield and visitors. have been incorporated into the written approval. Permit shall be consistent with the following standards for approval: traffic, or odors. abutting property owners or residents. roadways andi infrastructure. remediation and stormwater management best practices. 604.7- Subdivision and/ /or onddevelopment review. applicable JPCI Development Regulations. Applications for a subdivision and/or land development within the CT District shall follow the 604.8- Unified development review. Applications for any variance and applications for special use permits shall be heard by the JPC as enabled by the Unified Development Review provisions of the Cities of Pawtucket and Central Falls, andi in accordance with the Rules and Procedures for the JPC as amended. Where an application does not require a subdivision or development plan review, but does require a variance or special use permit, the application shall be classified. as a Major Land Development project for the purposes ofe establishing review procedures under Unified Development Review. 604.9- Development plan review (DPR)- - Conant Thread District Only. A. Purpose. It is the purpose oft this article to establish procedures pursuant tot the permitting process which will enable the City or the JPC, as applicable, to perform a comprehensive review of certain proposed developments. DPR will generally follow the process outlined in ArticleX ofthis ordinance, except that where this section conflicts with ArticleX ,this section shall govern. DPR procedure shall not be used to deny an applicant a permitted use of the property as established by the (1) No permit to build, alter, or expand any of the uses requiring DPR: as outlined below shall be issued by the Building Official until a written statement of final approval in accordance with this article has been received. The applicant is responsible for obtaining al building permit through the Code Enforcement Office as required by City ordinances. The applicant musts submit all plans and documents normally required for a building permit. The approved final development plan shall be part of this submission. The DPR process will not preclude the need to meet other City requirements as they may apply to a particular development. No alteration to any City ordinance Zoning Ordinance. The particular uses requiring DPR are outlined below. B. Administration. Central Falls, Rhode Island, Code of Ordinances Page 50 of93 requirements or any necessity to gain approval by another legalj jurisdiction shall be deemed to be authorized or granted by virtue oft the DPR under this article. (2) Projects subject to review as al Land Development project shall not require DPR. A project submitted for DPR may be referred tot the. JPC: as al Land Development project. DPR Process. The DPR shall be conducted by either the. JPC or the Administrative Officer toi the Central Falls Planning Board ina accordance with the Subdivision Review Enabling Act, R.I.G.L. 45-23, as amended, and those procedures and requirements listed in this ordinance andi in the Land Development and Subdivision Review Regulations. The. JPC or Administrative Officer may enlist the assistance of other municipal staff or boards ini the review of applications. Mechanisms to enlist this assistance can include, but are not limited to, the establishment ofal Technical Review Committee. D. DPR Thresholds. Applications for development shall be reviewed in accordance with thet following (1) Formal DPR under thej jurisdiction of the. JPCV where any of thei following conditions apply: (a) Where 20 percent or more of an existing structure is proposed to be demolishedas measured by thet footprint of the structure. Any site improvements or development occurring asar result oft the demolition. shall be reviewed along with the plans for (b) Where proposed development would include 80,000 square feet or more of newly developed or renovated floor area ina a new building, an existing building, accessory structures, or additions. Where multiple buildings or additions are included int the proposal, (c) Where proposed development would include 25,000 square feet or more of floor area utilized for industrial or manufacturing purposes and/or include accessory storage of (d) Where proposed development would include more than 50 units of new housing. (e) Any site disturbance of 40,000 square feet or more. (f) Any development where a structured parking facility is proposed. (g) Any application thati is referred to the. JPCI by the Administrative Officer. (h) Any development subject to unified development review. thresholds. demolition. thet floor area shall be measured in the aggregate. equipment or materials. (2) DPR: shall be administrative (performed by Administrative Officer) where any oft thet following (a) Where significant renovation, as defined in this ordinance, of an existing building is (b) Where proposed development would include between 1,000 and 80,000 square feet of newly developed floora area in ar new building, an existing building, accessory structures, or additions. Where multiple buildings or additions are included int the proposal, thei floor area (c) Where proposed development would include more than five and up to 50 units of new (e) Any permitted use thati is specifically referred in writing to Administrative Officerby the conditions apply: proposed. shall be measured int the aggregate. housing. (d) Any site disturbance between 2,000 and 40,000 square feet. Building Official or the Director of Code Enforcement. Central Falls, Rhode Island, Code of Ordinances Page! 51 of93 (3) Adevelopment subject to Formal DPR shall not also be subject to Administrative DPR. (1) Appeals to the Providence County Superior Court may bet taken bya a person aggrieved by any final action of the Administrative Officer ort the. JPC pursuant to the provisions of this section. A. Allowable Uses. Uses that are allowable by right or through thei issuance ofa Special Use Permit are identified in Table: 2- Conant Thread Use Regulations in Section 304 of the Zoning Ordinance. B. Uses Not Listed in the Use Table. Uses not listed in the Conant Thread Use Regulation table may be considered prohibited. However, an applicant may propose a use thati is not specifically listéd and potentially allowed int the Conant Thread Use Regulations table pursuant to the procedures in Section Specifically Prohibited Uses. Thei following Uses, as defined in this section of the ordinance, are E. Appeals. 604.10-Allowable and prohibited uses. 301, unless such use is specifically prohibited in Subsection Cbelow. prohibited within the CT District. Adult Use Amusement Park Auto Body Shop or Repair Service Building Contractor Operation Commercial Surface Parking Fuel Station Golf Course Compassion Centers as defined by G.L. 1956, $21-28.6-12 Heavy Equipment Operations Manufactured On-Site Home Sales Mini-storage and Self-storage Facilities Motor Vehicle and Equipment Lease and Sales Motor Vehicle and Equipment Towing or Storage On-Site Dry Cleaning Salvage Yard Single Building Large Retail Strip Commercial Development Warehousing and Distribution Facilities 604.11- Parking space requirements. development proposal. A. There are no minimum requirements for the number of parking spaces associated with any B. Any office, retail, or professional service use proposed int the CTI District shall have noi more than three parking spaces per 1,000 square feet of leasable floor area dedicated to that use. Central Falls, Rhodel Island, Code of Ordinances Page 52of93 C. Any restaurant use proposed int the CT District shalll have no more than one parking space per three seats, or one parking space per 50s square feet of dining/drinking area dedicated tot that use. 604.12- Design relief for ehaeilitation/odeptive reuse. Consistent with the Purposes of the CT District, the Cities of Central Falls and Pawtucket encourage the adaptive re-use and/or rehabilitation of existing buildings in the district. The. JPCI herein acknowledges that proposed development for adaptive re-use and/or rehabilitation of existing buildings may not be able to meet all of the requirements that would otherwise be applied to new development andi infill. In particular, the standards for dimensional controls (Section 604.13), site design (Section 604.14), or building design (Section 604.15), when applied, could require an applicant to seek a variance or special use permit based on pre-existing conditions. Therefore, the provisions of those sections shall apply to adaptive re- use and rehabilitation only to the maximum extent practicable as determined through the review of development plans. 604.13-1 Dimensional Controls. A. Building Height. The maximum building height requirement for the district is 1001 feet, except all properties that include frontage on Dexter Street shall have a maximum building height requirement of B. Lot Size. The minimum lot size requirement is 5,000 square feet. Any lot created as part ofa a subdivision must have permanent, legal, and physically viable access to established roadway frontage. Interior lots may do thist through the use ofe extended driveways or easements with appropriate restrictions. A. Circulation. The design ofi individual properties or groups of properties shall reinforce the purposes of the CT district by encouraging pedestrian and bicycle circulation through the following site design (1) Tot the maximum extent practicable, parking areas behind frontage buildings shall be physically connected either as contiguous parking areas or through the use of connector travel lanes that will allow for automobiles to pass from one building/property to another without travelling onto (2) Enhanced access management using shared access driveways is encouraged to improve safety, reduce vehicle/pedestrian conflict points, and expand continuous and consistent pedestrian- (3) Pedestrian connections between buildings shall be provided as safe, broad, and easilyi identifiable ways of walking through areas that may also be occupied by automobiles. These walkways shall be designed to clearly show that the space is primarily dedicated to pedestrian traffic through the use ofraised or alternative surfaces, signage or raised landscaped islands that may serve as a safe (4) Where sidewalks or other pedestrian or bicycle ways intersect with automobile driveways or lanes, raised surfaces and/or durable, decorative alternatives to conventional pavement shall be used to connect sidewalks or bike lanes across the automobile lane. Striping across the asphalt usedi for an automobile lane to connect the pedestrian or bicycle wayi is not adequate for compliance. At these points of intersection, where vehicle speeds may reasonably go beyond 15 mph, strategically placed decorative bollards, stones, landscaped islands or other design features B. Property Frontage. The location and design of frontage buildings, and associated frontage areas, are extremely important to achieving the goals of the CT District, as they will shape the qualityo of 451 feet. 604.14- 5 Site design. techniques: the street. oriented frontages. resting area for pedestrians between automobile travel lanes. that promote caution are: strongly encouraged. experience for people ini the public realm. Central Falls, Rhode Island, Code of Ordinances Page 53 3of93 Thei following standards apply to frontage buildings and adjacent frontage areas. See Conant Thread (1) Frontage buildings shall be located ina manner that facilitates pedestrian and bicycle access along and across thet frontage area of that property consistent with the Conant Thread District (2) The frontage area shall be dedicated to and designed for pedestrian or bicycle activity. (3) The depth of the frontage area may be as small as ten feet, or as deep as 401 feet and shall comply (a) Aminimum ten-foot-wide sidewalk shall run the length of the property frontage between the building façade and the edge of pavement. The constructed sidewalk may be located within the public right-of-way, on private property, or mayi include both public and private property depending on pre-existing conditions and other opportunities or constraints associated with roadway geometry, location of utilities, and other elements of the built (b) Alls sidewalks shall have a distinct furnishing zone along the: street where street trees, lighting, and/or other furnishings are offered as both an amenity and al buffer between automobiles and pedestrians (see Conant Thread District Design Guidelines). (c) Any frontage area thati includes more than 20 feet between thet façade and the outer edge District Design Guidelines for diagrams that clarify these standards. Design Guidelines. with thei following standards: environment. of the sidewalk shall: [1) Incorporate amenities that allow for passing pedestrians to gather, rest, sit, or [2] Incorporate private seating areas for restaurants or similar uses; and/or [4] Incorporate green infrastructure elements that are made feasible with larger observe public art or entertainment; and/or [3] Incorporate bicycle parking facilities; and/or amounts of space along the property frontage. (4) Street trees shall be required in the furnishing zone of the frontage area consistent with the Conant Thread District Design Guidelines. Trees shall be spaced along the sidewalk at an average Side Vards. Where adjacent lots exist as part ofa coordinated development, there shall be no minimum side yard setback for existing or proposed buildings. These conditions include, but are not limited to, adjacent lots within a larger mill building complex or adjacent lots that will have buildings sharinga Where development on individual lots is not directly coordinated with adjacent lots, side yard setbacks shall be the greater oft ten feet or the width required to make the back oft the lot accessible to Landscaping. All areas ofas site that are not rendered impervious through the development of structures, parking features, circulation features, or other hardscape features shall be landscaped. Landscaping may occur as installed or retained vegetation in accordance with the following standards. (a) No tree, shrub or plant shall be proposed that has beeni identified as an Invasive Species by the Rhode Island Invasive Species Council or other reputable scientific publication. frequency of one tree every 401 feet. sidewall. emergency vehicles as demonstrated on a development plan. D. Rear Yards. Minimum rear yard setbacks shall be 151 feet. (1) Plant Selection. Central Falls, Rhode Island, Code of Ordinances Page! 54of93 (b) Landscaping shall be designed to remain functional and attractive during all seasons through a thoughtful selection of deciduous, evergreen, berrying, andi flowering plant (c) Plant varieties shalll be selected for resistance to drought, moisture, salt, urban conditions, ori insects and other pests depending on the location of landscaping and the specific stressors anticipated for different areas oft the site. Plants shall be selected so that landscaping can be maintained with minimal care and the need for watering, pesticides or (d) The use of turf shall be minimized, but where iti is used, turf shall not be planted in strips less than six feet wide. Lawn seed mixes shall be drought resistant. To achieve a high level ofc drought tolerance, lawn mixes may include, but shall not be limited to, a predominance (e) Tree selection shall comply with the Conant Thread District Design Guidelines. (a) Where landscaped areas do not include planted materials, other decorative materials or features shall be used such as walkways, gathering places, or areas for public art. Unplanted areass shall not be filled with uniform gravel applications or riprap unless (b) Landscape features shall provide a clearly defined edge between the vegetated areas and areas reserved for pedestrian or automobile travel through the use of hardscape elements that may include, but shall not be limited to, fencing, curbing, or decorative stone. (c) Any free-standing electrical structures, HVAC: structures, or waste receptacles (e.g., dumpsters, ground mounted transformers, grease traps, etc.) shall be fullys screened from view through the use of evergreen vegetation, fencing, ora combinations thereof. (a) Barbed wire or similar applications are categorically prohibited ini the CTI District. (b) Chain link fencing is prohibited ini the CT district unless iti is necessary for compliance with security purposes unique to an individual use, is vinyl coated, and completely: screened from view through the use of opaque evergreen trees or through a second layer of wooden (c) Decorative fencing shall comply with the Conant Thread District Design Guidelines. varieties. fertilizers can be minimized or eliminated. of fine fescues. General. Standards. approved as part of stormwater management practices. (3) Walls and Fencing. fence material. F. Parking Areas. Where applicants propose to re-use existing parking areas or where new surface parking areas are proposed, thei following design standards shall apply. (1) Surface Parking Design and Location. (a) Each parking space shall be marked by painted lines and contain the following minimum dimensions affecting the width and length ofi individual parking stalls and the width of aisles in all districts, exclusive of necessary drives and other access ways. Parking Space Minimum Width Minimum Length Minimum Aisle Width 90 degree angle 60 degree angle Dimension 9f feet 18 feet 24feet 18f feet Central Falls, Rhode Island, Code of Ordinances Page 55 of93 45 degree angle 30 degree angle Odegree (parallel parking) 13 feet 11 feet 12feet (b) No parking space or aisle (back-up space) shall be less than ten feet from any front or corner sidey yard property. No parking space or aisle shall be less than five feet from any building. Parking spaces less than tent feet from any building shall be separated from such (c) Each parking space shall be designed with adequate off-street area for approach, turning, and exit without the need or ability to use any part ofa a street. All driveways shall bea minimum oft teni feet in width for each lane of traffic using such driveway. The width of any (d) Parking areas, where subject to wheeled traffic, shall be treated with bituminous, concrete ore equivalent surfacing excépt where an alternative surface is approved as part ofa (e) For surface parking areas associated with new construction, parking areas shall be located (f) For adaptive re-use, rehabilitation, or expansion of existing buildings, surface parking areas shall be located behind frontage buildings to the maximum extent practicable. Wherea pre-existing surface parking area is adjacent to a pedestrian space, the parking area may remain in use so long as the applicant provides al landscaped buffer as follows: [1] Atar minimum, thel landscaped buffer shall include a decorative barrier, which may be designed as brick or stone finish walls, decorative fencing, ora combination of these treatments consistent with the Conant Thread District [2] Ina addition to andi inclusive ofa decorative barrier, to the extent practicable, the landscaped buffer should include planted areas designed to provide separation between the surface parking area and the pedestrian space while allowing pedestrians to maintain visual awareness between the two areas. The parking area shall not be fullys screened from the pedestrian way. [3] Elements of the landscape buffer can include trees that maintain a canopy height of atl least eight feet, and/or low lying shrubs that will not exceed three feeti in height. The buffer may be interrupted by breaks designed to provide pedestrian connections from the parking area tot the sidewalk. building by raised curb, bumper or wheel guards. driveway shall not exceed 301 feet. stormwater management strategy. behind frontage buildings ont the property. Design Guidelines. (g) Developments with proposed surface parking areas of six spaces or more shall include a minimum of ten percent of landscaped area, inclusive of any landscaped borders (h) The ends of parking aisles in surface lots that are more than 15 spaces in length shall incorporate landscapei islands at either end of the row. Each island shalli include at least one tree. Where thel length ofaj parking aisle exceeds 25 spaces, additional landscaped islands shall be installed at regular intervals. Thisi interval shall not be more than every 13 spaces. Where arced semi-circle islands, triangles or similar shapes are proposed, the largest width of landscaped islands shall be no less than eight feet at their widest point. Where oval shapedi islands are proposed, the largest width oft thei island shall be no less surrounding the parking lot. than six feet. Central Falls, Rhode Island, Code of Ordinances Page 56 of93 (i) Trees shall be selected and placed in landscaped areas so that all parking areas can reasonably be expected to receive 30 percent canopy coverage. The expected canopy radius of each selected tree shall be noted ini the required development plan materials. () Parking areas for six or more cars or any travel lane shall be separated from adjacent properties bya a minimum six-foot-wide landscaped buffer. The width of this buffer mayl be reduced, or the buffer may be eliminated entirely, where the applicant, through the use of development plans, can demonstrate that the reduction or elimination of such! buffer will not cause nuisance or undue harm to abutting properties and is specifically designed to: [1) Improve pedestrian, bicycle and/or vehicular circulation and/or reduce curb [2] Allow for the placement of driveways and/or buildings in a manner that better meets the Purposes of this section of the Zoning Ordinance and the guidance in [3]- Anticipate improvements to abutting properties that will be complementaryto (k) Compliance with the standards in this Subsection F: shall be demonstrated through the development plans submitted by the applicant. The applicant may propose, and the reviewing authority may grant, deviations tot these standards where: [1) Deviation from the standards allows for a more effective low-impact stormwater management design for the site consistent with the State of Rhode Island Stormwater Design and Installations Manual as amended. [2] Subsurface conditions such as the existence of utilities or contaminated soils cuts. the Conant' Thread District Design Guidelines. the alternative buffer design. make strict compliance impracticable. G. Lighting. (1) Lighting for streets, parking areas, and civic/gathering spaces shall be decorative in shape, scale, andi finish, with detailed, articulated treatments for the base, post, fixture, and crown. (2) Light poles andi fixtures shall not exceed 161 feet in height measured from thel base of the standard. Structural features used to anchor light standards (e.g., concrete pilings) shall not be counted toward the maximum height, but shall not protrude more than sixi inches from the (3) Alle exterior lights on private property and sign illumination shall be designed, located, installed, and directed ins such a manner as to minimize light trespass onto adjacent properties unless such (4) Lighting fixtures for building security, aesthetic enhancement, or display purposes shall be top downward (not upward or sideways), andi fullo cut off or fully shielded/recessed. ground. trespass is intentional and meets the purposes of this ordinance. 604.15- Building design. Building design for new buildings shall comply with the standards herein. Forre- occupation, renovation, or adaptive re-use of existing buildings, the applicant shall adhere tot these standards to the maximum extent practicable and shall maintain consistency with the Conant Thread District Design Guidelines: A. General Standards for Building Form. (1) Multi-story buildings shall clearly articulate thel base, middle, and top oft the building through the use of cornices, borders of distinct material, or other articulating features on every visible surface of the building. Central Falls, Rhode Island, Code of Ordinances Page 57of93 (2) In new construction, ground floors shall be a minimum of1 121 feet from floor to ceiling to enhance the pedestrian streetscape, regardless of the overall building height. However, thei first-floor height of additions may align with thet first-floor height of the existing building. (3) Buildings over six stories shall have at least one recess line of at least ten feet somewhere above thet third story andl below the seventh story. The recess line should relate to thet form of any (4) Larger buildings withl long façades shall articulate the façade with varied rooflines, distinct signage for multiple tenants, awnings, arcades, pilasters, columns, recessed spaces and/or entrances and any otheri features that serve to add texture toi these longer façades. Unbroken (5) Large, flat, unadorned, blank walls shall not be allowed for any side or rear walls of buildings except where a rear wall is accessible only to service vehicles. Where windows are not feasible, raised or recessed vertical surfaces may be used in conjunction with awnings, window-shaped depressions, and decorative lighting to make these surfaces more attractive. (6) Awnings along continuous building lines that are separated shall be distinct from one building to another. Continuous awnings may only be allowed over a maximum of three contiguous buildings adjacent to or across the street from the building. façades in excess of 501 feet shall not be allowed. storefronts. B. Building Entranceways. (1) All buildings shall have a principal façade and entry (with operable doors) facing: a street or other. area dedicated to pedestrian circulation. Buildings may have more than one principal façade and/or entry. Primary entrances noti facing a street shall open onto sidewalks or other designated (2) Main entrances shalli incorporate. architectural features that draw attention tot the entrance. These features may include covered porches, distinct sidewalk surfacing, porticos, recessed pedestrian areas at least teni feeti in width. doorways, and awnings. 604.16-Signage. A. Permanent Signs are allowed int the CT District in accordance with the following table. Central Falls, Rhode Island, Code of Ordinances Page 58 of93 Sign Type Maximum Area (square feet) Height) Setback (feet) 20 Projection over from Right-of- Right-of- Way (feet) Way (feet) Elevated Freestanding? Wall Canopy Monument Projecting (horizontal) Projecting (vertical) Window Roof Notes: 72 One per one foot of building façade lengthl3) One per one foot of building façade length 32 12 75 8/4) See note 5 4 4 4 5 2 6 1. Measured from grade. 2. Only one elevated freestanding sign may be permitted per lot along the street frontage. Any elevated freestanding sign requires a special use permit from the Zoning Board of Review unless part ofal larger application for Unified Development Review with the JPC. 3. Where al building has more than one primary facade, the maximum area will be calculated for 4. No more than 25 percent of thet totalt transparent area ofas single window pane. Signs attached to the glassed or transparent area of doorways that obscure views from the public right-of-way are Aroof sign may be as long as the length of the facade upon which itis placed. The maximum area ist therefore determined by multiplying this length by the maximum height. Only one roof sign is B. Temporary signs. Allowable temporary signs include those associated with events; provided, however, that no such temporary: sign may be erected for a period of more than 45 consecutive days in any year nor more than 30 days prior tot the event, plus the duration of the event, with a total of 60 cumulative days throughout the year. Such signs shall not exceed at total area of 20 square feet and: shall be set Design ofa allowable signs shall comply with the standards and guidelines below. The. JPCI may adopt (1) Wall mounted or horizontal projecting signs should typically be located above the ground floor storefront andj just below the secondi floor windows unless location ata a higher elevation is specifically integrated into the design of the building. Signs shall not obscure architectural each primary facade separately. not permitted. allowed per building. back a minimum of ten feet from any property line. further design guidelines to assist with the regulation of signage design. Central Falls, Rhode Island, Code of Ordinances Page 59 of93 features or windows. Where adaptive re-use or rehabilitation projects are proposed, location of signs may deviate from this standard in order to respect the historical features ofa building. (2) Roof signs are only allowed when mounted oni flat roofs, andi in a manner that does not obscure important architectural features associated with the roof form (e.g., parapet detail). Thei form, design, materials, and lighting shall be informed by thel historic character of the CT District and the building upon which iti is mounted. Lighting from roof mounted signs shall not causea (3) Sign colors should be selected to enhance sign legibility for both day and nighttime viewing. Contrasting colors can be used effectively to increase clarity. Sign colors andi finishes should be (4) Sign materials shall be durable and compatible with the design of the building andi façade on (5) Externally illuminating signs shall have downward-directed, wall mounted lights withi fully- shielded decorative lamps that do not obscure the graphics of the sign. (6) Internally illuminated plastic or fiberglass cabinet signs are prohibited. Where internal illumination or back-lighting is proposed, solid letters (reverse channel) may be used. (7) Signage on awnings is permitted only on the apron portion of the awning. (8) Free-standing single pole (lollipop). signs are prohibited. Free-standing monument signs are preferred. Free-standing signs should incorporate design details, materials, and colors oft the associated buildings. The base or support elements ofi freestanding signs should be integrated with the surrounding environment and should incorporate ornamental landscaping where disturbance to residents or businesses in nearby buildings. compatible with the color of the building or development. which they are placed. possible. (On.df10.6201921,57 ARTICLE VII. SIGNS Sec. 700. Purpose. The purpose of this article is to recognize thei function of signs int the city, to provide for their inclusion under the zoning ordinance, and tor regulate and control all matters relating to suchs signs, including location, size and purpose. Signs are accessory uses and are permitted only in conjunction with permitted uses. Such signs are intended to advertise goods, services, facilities, events or attractions available on the premises where located, to identify the owner or occupant or to direct traffic on the premises. Iti is the further purpose of this articlet to preserve locally recognized values of community appearance; to safeguard and enhance property values in residential, commercial andi industrial areas; to protect public investment in and the character of public thoroughfares; to reduce hazards to motorists and pedestrians traveling ont the public way, and thereby to These purposes willl be accomplished by regulation oft the display, erection, use, and maintenance of signs. The use of signs is regulated according to zone. The placement and physical dimensions of signs are regulated primarily by type and length of street frontage. Where the provisions of this section may conflict with those in promote the public health, safety and welfare. Section 604 Conant Thread District, the provisions for Section 604 shall govern. (Ord. 0f10-1620192),55) Central Falls, Rhode Island, Code of Ordinances Page 60of93 Sec. 701. Conformance. No sign will be permitted as a main or accessory use except in accordance with the provisions of this article. Sec. 702. Signs permitted in all zones. The following signs are permitted in allz zones; 702.1. Governmental. Signs of every kind and nature erected by or on behalf of any federal, state or local government agency, including official traffic control ori informational signs, hazard warning signs, legal 702.2. Nameplates. One nameplate for each dwelling unit, not internally illuminated, and not exceeding 1% square feeti in area, indicating the name of the occupant or any permitted occupation. 702.3. Identification. Wall signs, which may be externally illuminated, and which are permanently affixed to buildings for the purpose of identifying the name of building, date of erection or other historical information, provided that such signs are composed of similar materials as the building, or bronze or brass, 702.4. Credit card signs. Credit card signs, non-illuminated, limited to at total area of one square foot 702.5. Bulletin boards. Signs used as a bulletin or notice board to announce activities and events for institutional and governmental services. Such signs shall be located upon the premises of saidi institutions and shall not exceed ten square feet in area. In all Rz zones, such signs shall be set back a minimum of teni feet from any property line abutting a residential use. Such signs may be externally illuminated. 702.6. Temporary signs. Thei following temporary: signs are permitted ina all: zones: notices, railroad crossing signs or other similar signs required by law. and are affixed flat against the building. per structure. A) Signs, which may be externally illuminated, for nonprofit or charitable organizations, including exterior messages for national ands state holidays; provided, however, that no such temporary sign mayl be erected for a period of more than 30 consecutive days in any year nor more than seven days four times per year with a total of 30 cumulative days throughout the year. In all R and Czones, such signs shall be limited to 32 square feet in area and set back a minimum often Rental or sale signs, freestanding or attached to the premises, pertaining to the prospective rental or sale oft the property on which they are located; provided that such signs shall not be illuminated, nor extend over thes sidewalk, and further provided that: 1. Within all R: zones, such signs shall not exceed at total area of six square feet and shall be removed within 14 days of the real estate closing or lease transaction. 2. Within all Cz zones, such signs shall not exceed a total area of 12 square feet, and shall be removed within 30 days of the real estate closing or lease transaction. 3. Within all M zones, such signs shall not exceed a total area of 32 square feet, and shall be removed within 30 days of the real estate closing or lease transaction. C) Construction signs and' "grand opening" signs, non-illuminated, customary and necessary in connection with the erection of buildings or other construction work, limited to one: sign per street frontage for each construction project. Such sign may! be freestanding or attached to the premises, but shall not exceed 32 square feet in area, ands shall be removed within 60 days oft the completion of construction. In all Rz zones, such signs shall not exceed 12 square feet in area, and feet from any property line. shall be set back a minimum of teni feet from any property line. (1076-0102 Zoning Code Revisions Working Version)4.19:20241) Created: 2024-01-11 15:11:47 [EST] (Supp. No. 12) Page 61 of93 D) Political signs, non-illuminated, incidental to a city, state, or federal election or referendum, or signs which are political in nature. Such signs shall be constructed of durable material, and shall be prohibited from public trees, traffic signs or utility poles. Such signs shall be erected not more than 60 days prior to such election or referendum, andi in any event, no premises shall havea sign erectedi for more than 120 days in any calendar year. Political signs relating to any election orr referendum shalll be removed within 14 days after said election or referendum. Sec. 703. Signs prohibited in all zones. Thei following signs shall be prohibited in allz zones in the city: safety hazard by reason of size, location, or type ofi illumination. 703.1- Traffic or safety hazards. Signs determined by the chief of police to constitute at traffic or other 703.2-1 Flashing. signs. Asign which contains ani intermittent or sequential flashing light source used primarily to attract attention. Does not include changeable copy signs, animated signs, or signs which, through reflection or other means, create ani illusion of flashing ori intermittent light. 703.3. - Billboards. Freestanding andr roof-mounted billboards (see sections 707 and 710.4). 703.4- Signs on utility poles. Utility poles owned by any governmental agency or utility company shall not be usedi for any type ofs sign or message other than those specifically erected bys such governmental 703.5-A Freestanding sign. Ai freestanding sign, as definedi in sections 704.3 and 1102 shall not be placed agency or utility company. on any public sidewalk int the city. (Ord. of8 8-12-1997) Sec. 704. Sign types. Thei following sign types are permitted in the city in accordance with the requirements of this article: 704.1- Canopy sign. As sign painted on or attached to a hood, awning or roof like canopy. Individual letters, words or symbols mayl be affixed or applied to any surface, provided that area of the sign does not exceed the maximum area allowed in section 707. A canopy sign is not considered a projecting sign. Inno event shall such sign or part thereof be erected closer than two feet to the curb line. 704.2- Directional. sign. As sign identifying on-premises traffic, parking or other functional activity bearing no commercial advertising. Such signs are permitted in all zones except in Rz zones, and shall be 704.3-F Freestanding sign. As sign thati is attached to, erected on, or supported by some structure (such asa pole, mast, frame, or other structure, but not any kind of antenna) that is not itself an integral part of or attached to al building. All permanently installed freestanding signs shall be protected from vehicular circulation and parking areas. In accordance with section 703.5 above, freestanding signs shall not be placed 704.4-1 Projecting sign. A sign that is perpendicular to the plane of the building to which iti is affixed, or which projects more than 15 inches beyond. said exterior wall. In no event shall such sign or part thereof be 704.5- Roof sign. A sign that projects more than two feet above the roof, parapet or ridge line of the 704.6- Wall sign. A sign thati is affixed to or painted on the face of any exterior wall or door ofa building or fence; is parallel or approximately parallel to the plane oft the building to whichi iti is affixed; and limited to fours square feet in area per sign. on any public sidewalk ini the city. erected closer than two feet to the curb line. building; or mounted upon any roof, parapet or ridgel line ofal building. Central Falls, Rhodel Island, Code of Ordinances Page 62 of93 does not project moret than 15 inches beyond said exterior wall, nor project more than two feet above the 704.7- Window sign. As sign that is attached to thei inside of any window or situated within al building, 704.8- Billboard: sign. Billboard is large outdoor board display for the purpose of advertisinga product, event, person, or subject not related to the premises on which the: signi is located. 704.9- Digital sign. Sometimes called electronic signage, refers to display technologies like LED walls (or video walls), projection andl LCDI monitors to vividly display webpages, videos, directions, restaurant roof, parapet or ridge line oft the building, whichever is higher. so that the sign is visible fromi the public right-of-way. menus, marketing messages or digital images. (Ord.of8-12-1997) Sec. 705.Sign measurements. All permitted signs shalll be measured as follows: 705.1- Ared. Measured in square feet, the entire area within a square, rectangle, circle, triangle or any other polygon enclosing the extreme limits of graphic, writing or similar representation, emblem or any fixture of similar character, together with any frame or other material or color forming an integral part oft the display or used to differentiate the sign from the background against whichi iti is placed; excluding the necessary supports or uprights on which such sign is placed. Where a sign has two or more faces, the area of alli faces shall be included in determining the area of the sign, except that wherei two suchi faces are placed back tol back and are at no point more than twoi feet from one another, the area of the sign shall be taken as the area of the one facei ift thet two faces are ofe equal area, or as the area oft the larger facei ift the two faces 705.2- Height. Measured ini feet, the overall height ofas sign is measured from the grade directly below the sign to the highest point of the sign or any ofi its supports. Thel height of any free standing sign in all zones 705.3-Setback. Measured int feet from the outermost edge of the sign to the public right-of-way. 705.4- Projection over public right-of-way. Measurement ini feet, perpendicular to the property line, 705.5- Maximum permitted. sign area. In all zones but the Rzone, the maximum permitted area for signs on al building shall be based on the building frontage. Where a building fronts on two or more streets, the total area for signs for each street frontage shall be based on the building frontage for that street. For gas stations, street frontage shall be used to calculate the permitted totala area of signs as permitted in the tables. For any drive-in business that has al booth for employees only with no public access, including a gas station, the maximum area of signs shalll be based on the street frontage, and on a corner lot, only one street are of unequal area. may not exceed 201 feet. from the property line to the outermost edge of the sign, over any public right-of-way. frontage shall be used to calculate maximum sign area. Sec. 706. Illumination. 706.1-1 Externally illuminated sign. Any sign which is illuminated by a light that reflects off the surface oft the 706.2- Internally illuminated. sign. Any sign shall be considered an internally illuminated sign where the: source of thei illumination isi inside the sign andl light emanates through the message of the sign. Digital, LED, and neon signs sign from ane external source shall be considered an externally illuminated sign. shall be considered internallyi illuminated signs. Central Falls, Rhode Island, Code of Ordinances Page 63 of93 Sec. 707. Permitted signs by zone. 707.1-Rzones. Signs to identify each permitted home occupation and one sign to display the name ofa permitted nonresidential use. Such signs may be externally illuminated. Thet total area of all such signs shall not exceed: six square feet on anyl lot. Billboards or digital signs are prohibited in Ra and CM: zones. Window signs shall 707.2-Czones. The maximum total area of all: signs on any structure shall not exceed 1% square feet per one foot of building frontage. Window signs shall not bei included ini this calculation. All signs mayl be illuminated externally. The maximum area of anyi individual sign shall be limited to 30 square feet. Window signs shall not 707.3- Mz zones. The maximum total area of all signs on any structure shall not exceed four square feet per one foot of building frontage. Window signs shall not be included int the above calculation. Such signs may be externally or internally illuminated. The maximum area of anyi individual sign shall be limited to 45 square feet. not exceed 25% of thei total display area per window. exceed 25% of thet total display area per window. 707.4- CM zones. No signage is permittedi ina a CM: zone. Sec. 708. Nonconforming signs. Any sign which lawfully existed and was maintained at thei time this ordinance became effective may be continued. Maintenance, repairs and changing of sign faces are permitted provided that there is no change ina area, height, setback, projection or lighting of the existing sign. Sec. 709. Supplemental sign regulations. 709.1- Signs in historic districts. Alls signs, including window signs, but except political signs, in an historic 709.2- Signs in overlay zones. Signs in overlay zones shall conform tot the corresponding requirements of the district shall be subject to approval by the historic district commission. underlying zone. [by dimensional variance] ARTICLE VII. OFF-STREET PARKING AND LOADING Sec. 801. Parking requirements. Parking is not required. Any parking that is proposed as part ofa development must conform tot the following 801.1 - Location of parking spaces. All off-street parking spaces must be on the same lot as the structure or use they are intended to serve or on an abutting lot but may not be locatedi in thet front yard. Off-street parking spaces for commercial or industrial uses shall not be located in any residence district 801.2- Minimum size of parking spaces. Each parking space shall be marked by painted lines and contain the following minimum dimensions affecting the width and length of individual parking stalls and thev width of aisles in all districts, exclusive of necessary drives and other access ways. A driveway beside a dwelling may be considereda required parking space only for a detached single- or two-family dwelling and need not contain painted lines. standards: where such commercial or industrial use is prohibited. Parking Space Minimum Width Minimum Length (Supp. No. 12) 9feet 18f feet (1076-010Z ZoningCode Revislons Menhntveniml4IBDAJ Created: 2024-01-11 15:11:48 [EST] Page 64 of93 Minimum Aisle Width 90-degree angle 60-degree angle 45-degree angle 30-degree angle O-degree (Parallel Parking) 241 feet 18 feet 13feet 11 feet 121 feet 801.3-Setbacks of parking spaces. No parking space or aisle (back-up space) shall be less than ten feet from anyf front or corner side yard property. No parking space or aisle shall be less than fivei feet from any building, except where greater setbacks are required. Parking spaces less than ten feeti from any building shall be separated from such building by raised curb, bumper or wheel guards. The requirements oft this subsection shall not apply to detached single- or two-family dwellings. 801.4- Entrance and exit. A. Each parking space: shall be designed with [an] adequate off-street area for approach, turning, and exit without the need or ability to use any part of a street. All driveways shall be a minimum of12 feeti in widthi for each lane of traffic using such driveway. The width of any driveway shall not exceed 301 feet. The requirements of this subsection shall not apply to detached single- or B. The Planning Board may modify this requirement during the Land Development review and A. Nonresidential driveways shall be a minimum of 12 feeti in width. The width shall not exceed 30 B. Residential driveways shall be ar minimum of eight feet in width. The width shall not exceed 16 two-family dwellings. approval process. feet. feet. 801.5- Driveways. 801.6- Construction requirements. Every parcel of land which, after the effective date of this ordinance or any amendment thereto, is changed to a parking area for more than ten vehicles, or toa drive-in business or motor vehicle sales or service establishment, shall be developed as follows, subject tot the approval of plans thereof by thel building official. A. Such parking area shall be treated with bituminous or other surfacing and shall have appropriate bumper or wheel guards where needed. However, use of pervious materials, such as gravel, is encouraged within 200f feet of the Blackstone River or other water bodies and wetlands. B. The perimeter of parking areas facing streets or R: zones shall be suitably landscaped with trees, shrubs, vegetation and groundcover. Landscaped areas shall be separated and protected from Any light used to illuminate said parking area shall be so arranged as to reflect the light away D. Border screening using dense shrubbery or solid fence of at least four feeti in height shall be parking areas by curbing or other means. from adjoining premises and streets. required wherever parking areas abut residential uses or R: zones. (Ord. of1 10-16-2019(2), $6,Ord.f102620240,51,10262022) Central Falls, Rhodel Island, Code of Ordinances Page 65 of93 Sec. 802. Loading requirements. No land shall be used or occupied andi no structures shall be erected or used for commercial or industrial purposes unless the off-street loading spaces required herein are provided. Such loading spaces are not required for any commercial or industrial structure or use existing prior to the effective date of this ordinance or any amendment thereto, provided, however, that off-street loading spaces as specified int this ordinance shall be provided subject to the requirements of this section for any enlargement or alteration to any such existing structure or use. 802.1-1 Location of required loading spaces. The off-street loading spaces required. by this ordinance shall be ina all cases oni thes same lot or parcel of land as the use or structure they are intended to serve. In no case shall any required off-street loading space bep part of an area used to satisfy the off-street parking requirements of this ordinance. Each loading area shall be designed with adequate off-street area as required for parking spaces by subsection 801.4. Tot the extent possible, loading areas shall bet toi the rear of 802.2. Number of required loading spaces. For each commercial and industrial enterprise of over: 1,000 square feet of gross floor or ground area in which commodities are: sold, displayed, serviced, repaired, altered, or fabricated as the principal use oft the enterprise, thet first off-street loading space shall be required for thei first 10,000 square feet of gross floor area. Thereafter, one off-street loading space shall be required for every additional 20,000 square feet of gross floor area. Each off-street loading space shall consist of the following dimensions: any building. 60f feet 141 feet 151 feet Width: Clearance: Additional off-street loading spaces shall be required by the building inspector when necessary to provide adequate areai for off-street loading. Detailed plans for off-street loading space provision and use may be required before the issuance of any! building permit. ARTICLE IX. ADMINISTRATION, ENFORCEMENT AND RELIEFS Sec. 901. Enforcement duties. Its shall be the duty of the director of minimum housing (building official or zoning enforcement officer) to interpret and enforcei the provisions of this ordinance int the manner and form and with the powers provided in the laws of the: state and int the charter and ordinances oft the city. The building official shall refer all applications for variances, special use permits and other applications tot the director of the division of planning ("director") for review anda an advisory opinion. Thel building official shall make a determination in writing, within 15 days, to any written complaint received, regarding a violation oft this ordinance. In order to provide guidance or clarification, thel building official shall, upon written request, issue a zoning certificate or provide information toi the requesting party within 15 days of the written request. Any determination of thel building official may be appealed tot the board ina accordance with section 907 of this ordinance. 3State law eferencet)-Provsions for administration and enforcement required, G.L. 1956,945-24-3216). Central Falls, Rhode Island, Code of Ordinances Page 66 of93 Sec. 902. Building permit/certificate of occupancy. Before a building permit or certificate of occupancy is issued for the construction, reconstruction, alteration, repair, demolition, removal, enlargement or occupancy of any building or structure or use of premises, a site plan shall be submitted to the building official indicating the intended use and its conformity in all respects to the provisions oft this ordinance. 902.1. Site plan. An application (three copies) for ab building permit for an addition, erection or enlargement, under the provisions of the Rhode Island Building Code shall be accompanied bya a site plan, drawn to scale, showing the accurate dimensions oft thel lot; thel building site; the location and size of existing buildings ont thel lot; all proposed construction; all front, side and rear yard dimensions; proposed parking areas; and such other information as may be necessary to enforce the provisions of this ordinance. Asite plan shall not be required with an application for a permit involving the alteration of an existing building(s), where the use and exterior dimensions oft the buildings are not changed or enlarged in any manner. Sec. 903. Certificate of occupancy. Acertificate of occupancy shall be required for any of the following: A) Occupancy and use ofa a building hereafter erected or enlarged; B) Change in use of an existing building to a different use; Occupancy and use of vacant land except for the raising of crops; D) Change in the use of land to different use except for the raising of crops; or E) Any change in use ofa a nonconforming use. The occupancy, use or change of use shall not take place untila a certificate of occupancy has been issued by the building official in accordance with the requirements for the issuance ofa certificate of occupancy as stated in the Rhode Island Building Code. Sec. 904. Minimum requirements. Ini interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of health, safety, morals, convenience or the general welfare. Sec. 905. Conflicts of law. All departments, officials and public employees of the city which are vested with the duty or authority to issue permits or licenses shall conform tot the provisions of this ordinance and shalli issue no permit or license for any use, building or purpose ift the same would be in conflict with the provisions oft this ordinance. Any permit or license issued in conflict with the provisions oft this ordinance shall be nulla and void. Sec. 906. Penalties and enforcement. Any person. or corporation, whether as principal, agent, employee or otherwise, who violates ori is the owner of property in violation of any of the provisions of this ordinance shall be fined up to $500.00 for each offense, such fine to inure to the city. Each day of the existence of any violation shall be deemed a separate offense. The erection, construction, enlargement, intensification, conversion, moving or maintenance of any building or structure and the use of anyl land or building which is continued, operated or maintained contrary to any of the provisions of this ordinance is hereby declared to be a violation of this ordinance and unlawful. The building official shall be empowered to levy such fines, with appeal thereupon to the district court. The city solicitor shall be Central Falls, Rhode Island, Code of Ordinances Page 67 of93 empowered to institute injunction, abatement or any other appropriate action in any appropriate court to prevent, enjoin, abate or remove such violation. The remedies provided for herein shall be cumulative and not exclusive ands shall bei in addition to any other remedies provided by law. Sec. 907. Appeals - Appeals to zoning board of review. taken by an aggrieved party in accordance with R.I.G.L. 55 45-24-64, et seq. An appeal to the zoning board of review from a decision of any other zoning enforcement agency or officer may be Sec. 908. Zoning board of review. 908.1- Establishment and procedures. Az zoning board of review, herein called the' "board," is hereby created. Board members may be remunerated in the performance of official duties, at an amount to be established by the city council. The board may engage legal, technical or clerical assistance to aid int the discharge ofi its duties. The division of planning shall serve as planning staff to the board. The board shall establish written rules of procedure within six months oft the adoption of this ordinance. Appeals and correspondence to the board shall be sent to the boardi in care of the division of planning. The division of planning shall file all records and decisions of thel board. 908.2- Membership. The zoning board of review shall consist of five members who are residents of Central Falls, appointed byt the mayor and confirmed by the city council, each to hold office for thet term of five years; provided, however, that the original appointments shall be madei for terms of one, two, three, four, and five years, respectively. The board shall also includei two alternates to be designated as thei first and second alternate members, for terms of fivey years. These alternate members shall sit and maya actively participate in hearings. The first alternate shall vote ifar member of the boardi is unable to serve ata a hearing and the second shall vote iftwo members of the! board are unable to serve atal hearing. Ini the absence of thet first alternate member, the second alternate member shalls serve int the position of thei first alternate. No member or alternate may vote on any matter before thel board unless theyl have attended alll hearings concerning such matter. Vacancies in unexpired terms of board members shall bei filled by the mayor no more than 90 days following the vacancy. Members mayl be removed by the city council, upon the recommendation of the mayor, for due cause andi for not attending three 908.3. Prior members. Members of zoning boards of review serving on the effective date of adoption of this ordinance. shall be exempt from provisions of this chapter [this ordinance] respecting terms of originally appointed 908.4 Chair. The board shall, ati its first meeting following the adoption of this ordinance, and in. January of each year thereafter, electa a chairperson, vice-chairperson and secretary from its membership. The chairperson, or in. his/her absence, thev vice-chairperson, may administer oaths and compel the attendance of witnesses byt the consecutive meetings. members until the expiration of their current terms. issuance of subpoenas. 908.5. Powers and duties. The board shall have the following powers and duties: (A) To hear and decide appeals in a timely fashion where itis alleged there is error in any order, requirement, decision, or determination made by an administrative officer or agency in the (B) To hear and decide appeals from a party aggrieved by a decision of the HDC, pursuant to article VI. (C) Toauthorize, upon application, in specific cases of hardship, variances in the application of the terms of (E) Tor refer matters to the planning commission, planning division, or to other boards or agencies of the enforcement or interpretation of this ordinance. this ordinance. (D) To authorize, upon application, in specific cases, special use permits. city as the board may deem appropriate, for findings and recommendations. Central Falls, Rhode Island, Code of Ordinances Page 68 of93 (F) Top 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 int the instance where any necessary state or (G) Tol hear and decide such other matters, according to thet terms of this ordinance or other, statutes, and upon which [the] board mayl be authorized to pass under this ordinance or other statutes. federal agency approvals are not received within a specified time period. Statel law referencelsy-Simlar provisions, G.L. 1956, 5 45-24-57(1). 908.6-1 Voting. Thel board shall be required to vote as follows: (1) Five active members shall be necessary to conduct al hearing. As soon as a conflict occurs fora member, that member shall excuse himself/herself, and shall not sit as an active member and shall take no part int the conduct of the hearing. Only five active members shall be entitled to vote on any (2) The concurring vote oft three of thei five members of the board sitting atal hearing shall be necessary to reverse any order, requirement, decision or determination of the HDC or any zoning administrative (3) The concurring vote of four of thet five members of the board sitting ata al hearing shall be required to decide in favor of an applicant on any matter within the discretion of the board upon which itis required to pass under this ordinance, including variances and special use permits. issue. officer from whom an appeal was taken. State law referencels)-Simlar provisions, G.L. 1956, $4 45-24-57(2). 908.7- Application, procedure. Application procedures may be required for thet filing of appeals, request for variances, special use permits, development plan review, site plan review and such other applications as may be 908.8- Fees. Reasonable fees are required, in an amount tol be established byt the city council, to be paid by the appellant or applicant for the adequate review and hearing of applications, issuance of zoning certificates and 908.9- Decisions and records of the zoning board of review. Following a public hearing, the board shall render a decision within 20 days. Thel board shalli include ini its decision all findings of fact and conditions, showing the vote ofe each member participating thereon, and the absence ofa member or his or her failure to vote. Decisions shall be recorded andi filedi ini the office of the division of planning within ten working days from the date when the decision was rendered, and shall be a public record. The board shall keep written minutes ofits proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations, findings ofi fact, and other official actions, all of which shall be recorded and filed in the office of the planning division in an expeditious manner upon completion of the proceeding. For any proceeding in whicht the right of appeal lies to the superior or supreme court, the board shall have the minutes taken either bya a competent: stenographer or recorded by a sound-recording device. Any decision by thel board, including any special conditions attached thereto, shall be mailed to the applicant, to the planning division, andt to the associate director of the division of planning oft the Rhode Island department of administration. Any decision evidencing the granting of a variance, modification or special use shall specified int this ordinance, and shall be prepared by the director and published. the recording of the decisions thereon. alsol be recorded int the land evidence records of the city. State law referencels).-Similar provisions, G.L. 1956, 545-24-61. 908.10. Expiration of variances and special use permits - Unless reviewed under a unified development application, any variance or special use permit shall expire one year after the date ofi filing of the decision with the City Clerk unless the applicant shall, within one year, obtain al legal building permit and proceed with the construction; or obtain a certificate of occupancy when no building permit is required. The Board may, upon Central Falls, Rhode Island, Code of Ordinances Page 69 of93 written request and for cause: shown prior to the expiration oft the one year period, renew the variance or special use permit for a second period of up to one year. Said request for an extension need not be advertised. Should an applicant fail to begin construction with a legal building permit, or obtain a certificate of occupancy within the extension period, thel board may, upon written request prior to the expiration period, renew the variance or special use permit for at third period of up to one year, provided that the applicant can show due diligence in proceeding: and substantial financial commitment in promoting the subject variance or special use permit since the date oft the original filing of the decision, notice shall be given in accordance with section 908.2 None of the periods shall run during the pendency of any of any superior court actions seeking to over turn and al hearing shall be held on the request. the grant. Sec. 909. Variances and special use permits. 909.1 General provisions = Variances. a. An application for relief from the literal requirements of this zoning ordinance because of hardship may be made by any person, group, agency, or corporation by filing with the zoning enforcement officer or agency, ori ini the case of unified development review, with the planning department (the "review board"), an application describing the request and supported by any data and evidence as may be required by the review board or by the terms of this ordinance. The zoning enforcement officer or planning department shall immediately transmit each application received tot the review board and a copy of each application tot the planning department. b. The review board, immediately upon receipt of an application for a variance in the application of the literal terms of the zoning ordinance, may request that the planning staff report its 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 of Central Falls, in writing, to the review board within thirty (30) days of receipt of the application from that board. Ther review board shall hold a public hearing on any application for variance in an expeditious manner, after receipt, inj proper form, of an application, and shall give public notice at least fourteen (14) days prior to the date of the hearing in ar newspaper ofl local circulation int the city or town. Notice of hearing shall be sent by first-class mail to the applicant, and to at least all those who would require notice under RIGL $45- 24-53. The notice shall alsoi include the street address of the subject property. The same notice shall be posted in the city clerk's office and one other municipal building in the city and the city must make the notice accessible on its website. atl least fourteen (14) days prior tot thel hearing. For any notice sent byi first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing. The cost of notification shall be borne by the C. Requests for dimensional and use variances and special use permits submitted under a unified development review provision of this zoning ordinance shall be submitted as part oft the subdivision or land- development application toi the administrative officer of the Planning Board, pursuant to RIGL $45-24-46.4(a). All subdivision or land-development applications submitted under the unified development review provisions of this zoning ordinance shall have a public hearing, which shall meet the requirements RIGL 545-23-50.1(c). d. Ing granting a variance, the zoning board of review, or the planning board under unified development review as appropriate, shall require that evidence tot the satisfaction of thei following standards is entered into the applicant. record of the proceedings: 1.7 That the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area; and is not due Central Falls, Rhode Island, Code of Ordinances Page 70of93 toaj physical or economic disability of the: applicant, excepting those physical disabilities addressed in RIGL 545-24-30(a)16); 2.That the hardshipi is not the result of any prior action of the applicant; and 3. That the granting of the requested variance will not alter the general character of the surrounding area or impair thei intent or purpose of the zoning ordinance or the comprehensive plan upon e. The zoning board of review, or, where unified development review is enabled, the planning board shall, ina addition to the above standards, require that evidence is entered into the record of the proceedings that: 1. In granting a use variance, the subject land or structure cannot yield any! beneficial use ifitis required to conform to the provisions of the zoning ordinance. Nonconforming use of neighboring land or structures int the same district and permitted use of lands ors structures in an adjacent district shall not be 2. In granting a dimensional variance, that the hardship suffered by the owner of thes subject property ift the dimensional variance is not granted amounts to more than a mere inconvenience, meaning that relief sought is minimal to a reasonable enjoyment oft the permitted use to which the propertyis proposed to be devoted. The fact that a use may be more profitable or that a structure may! be more valuable after the relief is granted is not grounds for relief. The zoning board of review, or, [planning board] in unified development review, has the power to grant dimensional variances where the use is permitted by 909.2-5 Special use permit. In granting a special use permit, the board shall require that evidence to the satisfaction of the specific and objective criteria as hereinbefore provided in this ordinance as well as thei following: : (1) That thes special use is specifically authorized by sections 305 and! 514 of this ordinance, and setting forth the exact subsection of this ordinance containing the jurisdictional authorization; (2) That the special use meets all oft the criteria set forthi in the subsection of this ordinance authorizing 909.3 -Special conditions. In granting a variance or special use. permit, or in making any determination upon which itis required to pass after public hearing under this ordinance, the board may apply such special conditions that may, int 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 a grant shall constitute a zoning violation. Such special conditions shall be based on competent credible evidence on the record, be incorporated (1) Minimizing adverse impact of the development upon other land, including thet type, intensity, design, (2) Controlling thes 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 (4) Assuring satisfactory installation and maintenance of required publici improvements; (5) Designating the exact location and nature of development; and (6) Establishing detailed records bys submission of drawings, maps, plats, or specifications. which the ordinance is based; considered in granting a use variance; and special-use permit. such special use; and into the decision, and mayi include, but are not limited to, provisions for: and performance of activities; must be removed; Central Falls, Rhode Island, Code of Ordinances Page 71 of93 State law eferencet)-Variances, G.L. 1956, S4 45-24-41 et seq. Old.dr10.420200.52 Statel wreferenceig)-Varances, G.L. 1956, S4 45-24-41 ets seq. Sec. 910. Adoption, amendment and administration of zoning ordinance. 910.1- Procedure. The director of the planning division shall be the officer to receive a proposal for adoption, amendment, or repeal ofaz zoning ordinance or zoning map(s). Immediately upon receipt of such proposal, the director shall refer such proposal tot the city council and the planning commission for study and recommendation. The planning commission shall report to the city council within 45 days after receipt of the proposal, giving its findings and recommendations. The city council shall hold a public hearing within 65 days of receipt of [the] proposal, giving proper notice as prescribed in section 910.3 oft this ordinance. The city council shall rendera decision on anys such proposal within 45 days after the date of completion of the public hearing. The provisions of this subsection pertaining to deadlines shall not be construed to apply to any extension consented to by the applicant. State lawr referencets)-Similar provisions, G.L. 1956, S4 45-24-51. this ordinance or zoning map, the planning commission shall: 910.2- Review by planning commission. Among its findings and recommendations to the amendment or repeal of (1) Include a statement on the general consistency of the proposal with the comprehensive plan of the city, including the goals and policies statement, the implementation program, and all other applicable (2) Includea a demonstration of recognition and consideration of each of the applicable purposes of zoning elements of the comprehensive plan; and as presented in section 100 oft this ordinance. State law referencels)-Similar provisions, G.L. 1956, 54 45-24-52. 910.3. Notice and hearing requirements. (1) No zoning ordinance shall be adopted, repealed, or amended until after a public hearing has been held upont the question before the city council. The city council shall first give notice of such public hearing by publication of noticei in a newspaper of local circulation within the city at least once each weeki for three consecutive weeks prior to the date of such hearing, which may include the weeki 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 the proposed ordinance. Written notice to the parties specified in subsections (2), (3), (4) and (5) of this section, at least two weeks prior to the hearing. The same notice shall be posted int the city clerk's office and one other municipal building in the municipality and the municipality must make the notice accessible on its municipal home page of its website at least fourteen (14) days prior (a) Specify the place of said hearing and the date and time ofi its commencement; (b) Indicate that adoption, amendment or repeal of a zoning ordinance is under consideration; (c) Contain a statement of the proposed amendments to the ordinance that may be printed once in (d) Advise those interested where and when a copy oft the matter under consideration may be to1 the hearing. The notice shall: its entirety, or summarize or describe the matter under consideration; obtained or examined and copies; and Central Falls, Rhode Island, Code of Ordinances Page 72of93 (e) State that the proposal shown thereon 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 int the course of said hearing. (2) Where ap proposed general amendment to an existing zoning ordinance includes changes in an existing zoning map, public notice shall be given as required bys subsection (1) oft this section. (3) Where a proposed text amendment to an existing zoning ordinance would cause a conforming lot of record to become nonconforming byl lot area or frontage, written notice shall be given to all owners of the real property as shown ont the current real estate tax assessment record oft the city. The notice shall be given by first-class mail at least two (2) weeks prior tot thel hearing at which thet text amendment is tol be considered, with the content required by subsection (1) and with reference tot the merger clause int this ordinance and the impacts of common ownership of nonconforming lots. Forany notice sent by first-class mail, the sender of the notice shall: submit a notarized. affidavit to attest to (4) Where a proposed amendment to an existing ordinance includes a specific change in a zoning district mapl but does not affect districts generally, public notice shall be given as required in subsection (1)of (a) 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 (b) Written notice of the date, time and place of the public hearing and the nature and purpose thereof shall be sent to all owners of real property whose property is located within 200 feet of the perimeter oft the area proposed for change, whether within the City of Central Falls or within such mailing. this section, with the additional requirements that: appropriate; and an adjacent city or towni in which the property is located. (5) Notice ofa public hearing shall be sent byi first class mail to the city or town council of any city or town (a) Which is located within 200 feet of thel boundary of the area proposed for change; or (b) Where there isa public or quasi-public water source, or private water source thati is used ori is suitable for use as a public water source, within 2,0001 feet of any real property thati ist the subject ofa proposed. zoning change, regardless of municipal boundaries. Notice shall also be sent to any individual or entity holding ar 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 ont the current real estate tax assessment records of the city or town where the property is located; provided, for any notice sent by first-class mail, sender oft the notice shall submita (6) 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 toa surface water resource and/or surface watershed thati is used, or is suitable for use, as a public water source and that is within 2,0001 feet of any real property which ist the subject of a proposedz zoning change, provided, however, that the governing body of any state or municipal water company hast filed with the! building inspector in the cityar map: survey, which shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land within 2,0001 feet thereof. (7) No defect int thei form of any notice under this section shall render any ordinance or amendment (8) Costs of newspaper and mailing notices required under this section shall be borne byt the applicant. tov which one or more oft the following pertain: notarized affidavit to attest to such mailing. invalid, unless such defect is found1 to bei intentional or misleading. (1076-010Z Zoning Code Revisions Working Version)4 4.19.2024.1) Central Falls, Rhode Island, Code of Ordinances Page 73of93 (9) Ing granting a zoning ordinance amendment, the city council mayl limit the change to one of the permitted uses in the zone to which the subject land is rezoned, and impose such limitations, (a) Requiring the petitioner to obtain a permit or approval from any and all state or local governmental agencies ori instrumentalities having jurisdiction over the land and use which are (b) Relating to the effectiveness or continued effectiveness oft the zoning change; and/or conditions andr restrictions, including without limitation: subject to the zoning change; (c) Relating to the use of the land, as it deems necessary. The director and the city clerk shall cause the limitations and conditions so imposed to be clearly noted on the zoning map andr recordedi int thel land evidence records, provided, however, in the case of a conditional zone change, the limitations, restrictions, and conditions shall not be noted on the zoning Ifthe permitted use for which thel land has been rezoned is abandoned ori ift the land is not used for the requested purpose fora a period of two years or more after the zone change becomes effective, the city council may, after a publich hearing as hereinbefore set forth, change the land to its original Ifanyl limitation, condition, or restriction in an ordinance amendment is held to be invalid bya courti in any action, that holding shall not cause the remainder of the ordinance to be invalid. map until the zone change has become effective. zoning use before such petition was filed. State law referencels)-Similar provisions, G.L. 1956, 54 45-24-53. 910.4- Maintenance ofz zoning ordinance. The city clerk shall bet the custodian of this zoning ordinance and zoning map or maps created hereunder. The director shall be responsible for maintenance and update of thet text and zoning map comprising this ordinance. Changes which impact the zoning map shall be depicted on the map within 90 days of such authorized change(s). The director shall be responsible for review of this ordinance annually, and whenever changes are made to the comprehensive plan of the city, to identify any changes necessary andi forward these changes to the city council. State law referencelsy-Similar provisions, G.L. 1956, 545-24-55. charge may! be madei for copies to reflect printing and distribution costs. 910.5- Publication and availability of zoning ordinance. Printed copies of this ordinance and map(s) shall be available to the general public through the city clerk and shall be revised to include all amendments. AI reasonable Upon publication of this ordinance and map(s), and any amendments thereto, the city clerk shall send la copy, without charge, to the associate director of the division of planning of the department of administration of 910.6- Appeal of enactment ofo or amendment to zoning ordinance. An appeal of the enactment of or an amendment to1 this ordinance mayl be taken toi thes superior courti for Providence County by filing a complaint within 30 days after such enactment or amendment has become effective. The complaint shall set forth with specificity the area or areas in which the enactment or amendment does not conform with the comprehensive plan and/ort the manner in which it constitutes a taking of private property without just compensation. Such appeal mayl bet taken by an aggrieved party or by any legal resident or landowner of the city, or by any association of residents or landowners of the city. This appeal shall not stay the enforcement of the zoning ordinance, as enacted or amended, but the court may, ini its discretion, grant as stay on appropriate terms, which may include the filing ofal bond, and make such other orders asi it deems necessary for an equitable disposition oft the appeal. the! State of Rhode Island, andi thes statel law library. State law referencels)-Simlar provisions, G.L. 1956,545-24-45. State law referencels)-Similar provisions, G.L. 1956, 545-24-71. (1076-010Z ZoningCode Revisions MWertinivenm/4190AI Central Falls, Rhode Island, Code of Ordinances Page 740 of93 Sec. 911. Vested rights. (1) Any application for development under this ordinance, including an application for al building permit, special use permit, variance, planned development, or residential cluster development, shall be deemed substantially complete when all required documents, including plans, together with required fees, are received by the official designated herein to receive such applications. Required documents shall include only those documents specified either by this ordinance or by rules adopted and published by the permitting (2) Any application for development under this ordinance that is substantially complete prior to the enactment ora amendment of this ordinance shall be reviewed according to the regulations applicable in the zoning ordinance int force at thet time the application was submitted. Ifs such application is approved, the applicant must begin construction, or exercise the right granted in the application ifr no construction isi involved, not more than one year after the date of such approval. All construction must be completed not more than two years after the date of such approval, unless specifically set forth to the contrary in the original approval. authority, prior to the time the application is filed. State law eferencel)-Prowsions for vested rights required, G.L. 1956, $45-24-44. Sec. 912. Effective date. Sec. 913. Severability. This ordinance shall take effect upon passage by the city council. Ifany provision of this ordinance or of any rule, regulation or determination made hereunder, or the application thereof to any person, agency or circumstances, is held invalid bya a court of competent jurisdiction, the remainder of this ordinance or the rule, regulation, or determination and the application of such provisions to other persons, agencies, or circumstances shall not be affected thereby. Thei invalidity. of any section or sections of this ordinance shall not affect the validity of the remainder of the ordinance. State law referencels)-Simlar provisions, G.L. 1956, $4 45-24-72. ARTICLE. X. REVIEW OF DEVELOPMENTAPPLICATIONS Sec. 1001. Authority and purpose. Authority. This article is adopted pursuant to G.L. $4 45-24-46.4, G.L. S 45-24-47 and G.L. 54 45-24-49, as amended. The Central Falls Planning Board shall have the administrative authority and duty, in accordance with the requirements of the zoning ordinance and the land development and subdivision regulations (the "regulations"): to review and approve all plans subject to development review. Development review shall be required for certain types of development as described below, but will not preclude the need to meet other requirements as contained in this Purpose. The purpose of development review is to ensure that multi-family, industrial, commercial, mixed-use and planned developments are consistent with the goals and policies of the Central Falls Comprehensive Plan, andi that hasal high-quality: site and architectural design compatible witha adjoining areas and thel historic development pattern ofthel Town; safe and convenient traffic circulation; and appropriate signage, landscaping and lighting. appendix, nor be used to deny a permitted use. Sec. 1002. General provisions. 1076-010 Zoning Code Revisions Working Version)4 4.19.20241) Created: 2024-01-11 15:11:48 [EST] (Supp. No. 12) Page 75 of93 The review processes for developmént subject to review under this article are hereby established as follows: 1002.1 Development Plan Review. A zoning ordinance shall permit development plan review of (a) Permitting authority. The permitting authority for administrative projects shall be the (b) Specific and objective guidelines. Design of all projects shall be consistent with the provisions of (c) Zoning relief. The permitting authority may grant relief from the zoning ordinance under unified applications pursuant to R.I.G.L. 54 45-23-50 for uses that are permitted by right. Administrative Officer; the permitting authority for formal projects shall be the Planning Board. this ordinance andi the regulations: development review, as may be appropriate. (d) Zoning incentives are permitted under the following circumstances: i. Reserved. (No zoning incentives are permitted at this time.) (e) Appeal. AI rejection of the decision shall be an appealable decision pursuant tol R.I.G.L. 5 45-23-71. (a) Land development projects shall be reviewed in accordance with the procedures established by these regulations, including those for appeal and judicial review, whether or not the land development project (b) No land development project shall be initiated until a plan of the project has been submitted to the authorized permitting authority. The requirements, procedures, and standards for review and approval of land land development projects, and! byt thel Planning Board, ini the case of major land development projects in accordance 1002.2 Land Development Project Review. constitutes a' "subdivision,"as defined int these regulations. development projects are provided in the regulations. (c) Permitting authority. The review is conducted by the Administrative Officer, in the case of minor with the provisions of R.I.G.L. S 45-24-47 and 5 45-23-38 et seq. (d) Zoning incentives are permitted under the following circumstances: i. Reserved. (No zoning incentives are permitted at this time.) (e) The permitting authority mayi impose special conditions and stipulations to the approval that may, int the opinion of thep permitting authority, be required to maintain harmony with neighboring uses and promote the objectives and purposes oft the comprehensive plan and this appendix. Sec. 1002.3 Unified Development Review. (a) Unified development plan review established. There shall be. unified development review for subdivisions and land development projects that require variance(s) and/or special use permit(s). (b) Permitting authority. The permitting authority shall be the Planning Board. Central Falls, Rhode Island, Code of Ordinances Page 76 of93 (c) In granting requests for dimensional and use variance, the Planning Board shall be bound to the requirements of R.I.G.L. AA 45-24-41 relative to entering evidence into the record in satisfaction (d) In granting for special use permits, the Planning Board shall be bound to the conditions and procedures under which a special use permit may be issued and the criteria for the issuance of such permits and shall be required to provide for the recording of findings of fact and written Sec. 1002.4. Appeals. An appeal from any decision made pursuant to this section may be taken pursuant ofthe applicable standards. decisions. tORIGL$45-23-71. Sec. 1002.5. Technical Review Committee. (a) There is hereby established a Technical Review Committee (TRC) in accordance with R.I.G.L. $45- 23-56, the members of which shall be: The Director of Planning and Development (Administrative Officer), who shall serve as chairperson; The Director of Public Works or his/her designee;. The Building/Zoning Official or his/her designee; The Chief of the Fire Department or his/her designee; The Chairperson of the Planning Board or his/her designee; Ane engineer licensed in the State of Rhode Island; and Amember oft the City Police Department Traffic Division. The chairperson may request additional individual(s) to participate as members in appropriate circumstances to provide expert technical review. (b) The Planning Board shall adopt written procedures establishing the Committee's responsibilities. (c) The TRC has the authority to issue approvals, make finding and provide recommendations as (d) Reports of the Technical Review Committee to the Planning Board shall be in writing and kept as part of the permanent documentation on the development application. In no case shall the recommendation of the Technical Review Committee be binding on the Planning Board in its activities or decision. All reports of the Technical Review Committee shall be made available tot the applicant prior tot the meeting of the Planning Board at which the reports are first considered. Sec. 1022.6 Fees. The applicant shall pay all application fees as specified in the Code of Ordinances, as well as any costs incurred by the Planning Board associated with the use of outside professional assistance in the review of the proposed development. Such assistance mayi include, but not be limited to, the review of overall provided in the regulations. Central Falls, Rhode Island, Code of Ordinances Page 77of93 building and site design, site engineering including drainage and traffic impacts, environmental assessment, evaluation of landscaping and: site amenities, and architectural review. The need for such review shall be at the discretion oft the Planning Board. Fees obtained from the applicant shall not exceed actual costs. Sec. 1002.7 Enforcement. The provisions of this article shall be enforced by the zoning enforcement officer. ARTICLEXI. DEFINITIONS* Sec. 1000. Terms defined. Words usedi ini the present tense include thet future, the singular includes the plural and the plural the singular. The word' "lot" includes the word' "plot." The word' "used" includes "designed" and' "intended to be used." The word' "building" includes "structure," the word' "dwelling" includes' "residence," the word' "person" includes "corporation," "partnership," lassociation" and' "individual." The word' "shall" is mandatory." The words' "zone" and "district," when referring to a zoning district, shall be interchangeable. Unless otherwise specified, all distances shall be measured parallel to the ground, in any direction. Terms not defined int this ordinance shall have the meaning customarily assigned to them. Thei following terms, unless a contrary meaning is specifically prescribed, Abutter. One whose property abuts, that is, adjoins, at a border, boundary, or point with noi intervening land. Accessory dwelling unit (ADU). Aresidential living unit on the same lot where the principal use is al legally established. single-family dwelling unit or multi-family dwelling unit. 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 detached garage; or a unit that is part of an expandedor Accessory use. A use of land or ofa! building, or portion thereof, customarily incidental and subordinate to the principal use of land or building. Such accessory use shall be restricted to the same lot ast the principal use. Adaptive reuse. The conversion of an existing structure from the use for which it was constructed to a new Aggrieved party. An aggrieved party, for purposes of this act [this ordinancel, shall be (a) any person or entity orentities who can demonstrate that their property willl be injurèd by a decision of any officer or agency responsible for administering this ordinance; or (b) anyone requiring notice pursuant to this ordinance. Alteration, exterior. An action that changes one or more of the exterior architectural features ofa structure ori its appurtenances, including, but not limited to, the erection, construction, reconstruction, or removal of any shall have thet following meanings: remodeled, primary dwelling. Such accessory use shall not be permitted without the principal use to which iti is related. use by maintaining elements of thes structure and adapting such elements to a new use. structure or appurtenance. Antenna. Equipment designed to transmit or receive electronic signals. Apartment hotel. AI building or portion thereof used for or containing both rooming units and dwelling units and where additional services sucha as restaurants, meeting rooms and recreational facilities may be provided. 4State law eferenct)-Defntions required, G.L. 1956,945-24-3212). Central Falls, Rhode Island, Code of Ordinances Page 78 of93 Applicant. An owner or authorized agent of the owner submitting an application or appealing an action of Application. The completed form orf forms and all accompanying documents, exhibits and fees required of an applicant by an approving authority for development review, approval, or permitting purpose. Appurtenances. Features other than primary or secondary structures which contribute tot the exterior appearance ofa property including, but not limited to, paving, doors, windows, signs, materials, decorative Auto body shop. A building or portion ofal building in which major repairs are performed on automobile, Basement. That portion ofal buildingi included between the upper surface of its floor andi the upper surface oft thei floor next above, having more than one-half ofi its height above the average elevation of thei finished lot Billboard. As sign advertising products, services, facilities, events or attractions not made, sold, used, served Block frontage. All the property fronting on one side ofa street between intersecting or intercepting streets or between as street and right-of-way, waterway, end of dead-end street or city boundary measured along the Boarding house. Al building where lodging is supplied with or without meals and the operator resides on the premises. An apartment for the operator of sucha ai facility shall be permitted and not included int thet total Buffer. Land which is maintained in either a natural or landscaped state, andi is used to screen and/or mitigate thei impacts of development on surrounding areas, properties or rights-of-way. Building. Any structure used or intended for supporting or sheltering any use or occupancy. Building, accessory, A subordinate building that is located on the same lot as a principal building and that is used incidentally to a principal building or that houses an accessory use. Where a substantial part of the wall of an accessory building is part of the wall of the principal building or where an accessory building is attached tot the principal building inas substantial manner as bya a roof, such accessory building shall be counted as part oft the Building, detached. Abuilding having no party walli in common with another building. Building, principal. The primary building on al lot or a building that houses a principal use. Building, semi-detached. A building having one party wall common with an adjoining building. Building envelope. The three-dimensional. space within which a structure is permitted to be built on a lot and which is defined by regulations governing: building setbacks, maximum height, bulk or other regulations, and/or any official, board or agency. accessories, fences, and landscape features. truck or motorcycle bodies or chassis, including body repair, painting or priming. grade adjoining thel building. or available ont the premises displaying such sign. street line. calculation of rooms permitted. principal building. any combination thereof. Building frontage. The width ofal building abutting or parallel to the street line. Building height. The vertical distance measured fromi the grade, as defined herein, on the street frontage of thel building, to thel highest point of the roof structure. The distance may exclude spirals, chimneys, flagpoles and Building official. The director of minimum housing of the City of Central Falls and the zoning enforcement the like as per section! 509 of this ordinance. officer. Cannabis. As defined by the Rhode Island State Cannabis Act 5S 21-28-11 et seq. Central Falls, Rhode Island, Code ofOrdinances Page 79of93 Cellar. That portion ofal building included between the upper surface ofi its floor and the upper surface of the floor next above, having less than one-half its height above the average elevation of thei finished lot grade Cemetery. Land used for the burial of the dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery. Cluster. As site planning technique that concentrates building in specific areas on the site to allow the remaining land to! be used for recreation, common open space and/or preservation of environmentally, Common ownership. Either (a) ownership by one or more individuals or entities ina any form of ownership of two or more contiguous lots; or (b) ownership by an association (such ownership may also include a municipality) Community center. Al building or group of buildings whose sole purpose is to house a nonprofit service, fraternal, or sectarian organization, including administrative offices, child and elderly programs, recreation and Comprehensive, plan. The comprehensive plan adopted by the city and approved pursuant to G.L. 1956, S 45- Condominium. A structure containing two or more units, the interior space of which units are individually owned; the balance of the property (common area) is owned in common byt the owners of thei individual units. Construction. The act of adding to an existing structure or erecting a new principal or accessory structure or appurtenances to a structure, including, but not limited to, buildings, extensions, outbuildings, fire escapes, and adjoining the building. City. The City of Central Falls. historically, culturally, or other sensitive features and/or structures. ofo one or more lots under specific development techniques. assembly. 22.2. retaining walls. Council. The city council oft the City of Central Falls. Day care-Day care center. Any other day care center which is not ai family day care home. Day care-Family day care home. Any home other than thei individual's home in which day care in lieu of parental care or supervision is offered at the same time to six or lessi individuals who are not relatives of the care Demolition. An act or process that destroys a structure or its appurtenances in part or in whole. Development. The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure, any mining, excavation, landfill or land disturbance, any change in use, or alteration or extension giver, but may not contain more than a total of eight individuals receiving such care. Density, residential. The number of dwelling units per unit of land. of the use of land. Development plan review. See R.I.G.L. 55 45-23-32 and 45-23-50. Director. Director oft the Department of Planning and Economic Development of the City of Central Falls. Dormitory. Al building used as rooming units for a student body or religious order as an accessory use fora college, university, boarding school, orphanage, convent, monastery, or other similar institution. Drainage system. A system of the removal of water from land by drains, grading or other appropriate means. Such techniques may include runoff controls to minimize erosion and sedimentation during and after construction ord development, the means for preserving surface and ground waters and the prevention and/or alleviation of District. See zoning use district. flooding. Central Falls, Rhode Island, Code of Ordinances Page 80of93 Driveway. That portion ofal lot that consists ofat travel lane used to access a parking area or garage and Dwelling unit. As structure or portion thereof providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation and containinga Dwelling, multi-household. Al building or portion thereof used for occupancy by three or more households Dwelling, one-household. Al building used exclusively for one household and containing only one dwelling Dwelling, two-household. Ab building used exclusively for occupancy by two households living independently Extractive industry. The extraction of minerals, including: solids, such as coal and ores; liquids, such as crude petroleum, and gases, such as natural gases. Thet term also includes quarrying; well operation; milling, such as crushing, screening, washing andi flotation; and other preparation customarily done at the extraction site or asa which is bounded on either side by an area that is not part oft the parking area. separate means of ingress and egress. living independently ofe each other. unit. ofeach other. part of the extractive activity. Family. A person related by blood, marriage or other legal means. See also Household. Formula business. A business which is required by contractual or other arrangement to maintain one or more oft thei following items: standardized ("formula") array of services and/or merchandise, trademark, logo, service mark, symbol, decor, architecture, layout, uniform, or similar standardized features and which causes it to be substantially identical to more thani five other businesses regardless of ownership or location. Formula businesses are regulated either by the City of Central Falls or the! State of Rhode Island and can include, but are not limited to, the following: restaurants, retail stores, banks, real estate sales offices, spas, hair and nail salons, and Garage, parking. Any building, except those herein defined as a private garage, used for parking of vehicles, and with not, more than two pumps for the incidental sale of gasoline. Such buildings may include stores and other commercial establishments, providing they conform to all regulations oft the zone in which they are located. Garage, private. A detached accessory building or portion of a principal building, used for storage of vehicles where the capacity does not exceed one vehiclei for each 2,500 square feet of lot area, but need not be for less Garage repair shop. Al building or portion ofal buildingi in which repairs, other than major structural repairs, Gasoline service. station. A building or portion of a building in which automotive repairs or services are performed; fuel, oil, batteries and accessories are: sold; grease racks, elevators and tire-mounting devices are employed; but excluding automobile body repairing and painting and sale of automotive body parts. GFA (gross floor area). The sum of the gross horizontal area of the several floors ofa building measured from the exterior face of exterior walls, but not including interior parking spaces, loading spaces for motor vehicles, or Grade. AI reference plane representing the average of finished ground level adjoining the building at all exterior walls. When thei finished ground level slopes awayi from the exterior walls, the reference plane shall be established by thel lowest points within the area between the building and thel lot line, or when thel lot line is more Halfway house. Ar residential façility for adults or children who have beeni institutionalized for criminal conduct and who require a group setting to facilitate thet transition to [becomingl a functional member of society. hotel/mote/mn/B8B. than two vehicles. are made to vehicles. any space where the floor to ceiling height is less than six feet. than six feet fromi thel building, between the building and a point six feet from thel building. HDC. The historic district commission of the City of Central Falls. Central Falls, Rhode Island, Code of Ordinances Page 81 of93 Home occupation. Any activity customarily carried out for gain by a resident which is conducted as an accessory use int ther resident's dwelling unit. Home occupations may include, but are not necessarily limited to: professional office, such as thati for an accountant, attorney, engineer or other such person licensed by law or certified by a recognized professional: society; artist work studio; individual instruction or tutoring; tailoring; telephone sales work; personal service (noti including hair salon) or similar activity in which goods, wares or Hospital. An institution licensed by the State of Rhode Island to provide primary health services and medical ors surgical care to persons, primarily inpatients, suffering fromi illness, disease, injury, deformity and other abnormal physical or mental conditions, andi including, as ani integral part oft thei institution, related facilities such Hotel/motel. A building or portion thereof where temporary lodging is supplied and where additional Household. One or more persons living togetheri in a single dwelling unit, with common access to and common use of all living and eating areas and all areas andi facilities fori the preparation and: storage ofi food within the dwelling unit. The term' "household unit" shall be synonymous with the term' "dwelling unit" for determining the number of such units allowed within any structure on anyl lot ina a zoning district. Any individual household shall consist of any one oft the following: (a) at family, which may alsoi include servants and employees living with the family, and (b)ap person or group of not more thant three unrelated persons living together. Infrastructure. Facilities and services needed to sustain residential, commercial, industrial, institutional, and Junkyard, including auto wrecking. Al lot or part thereof used for thes storage, keeping or abandonment of junk, including scrap metal or other scrap material, or for the dismantling, demolition or abandonment of Kennel. A commercial operation that () provides food and shelter and care of animals for purposes not primarily related to medical care (a kennel may or may not be run by or associated with a veterinarian), or (i) merchandise are not commercially sold at retail. asl laboratories, outpatient facilities or training facilities. services such as restaurants, meeting rooms and recreational facilities may be provided. other activities. automobiles or other vehicles or machinery or parts thereof. engages int thel breeding ofa animals for sale. Land development project. As defined in R.I.G.L. S 45-23-32. Less restrictive. zone. The order of zones from less restrictive to more restrictive is: M-2, M-1,C-D,C2,C1, Lot. Either (a) the! basic development unit for determination of lot area, depth, and other dimensional regulations, or (b)a a parcel ofl land whose boundaries have béen established bys some legal instrument such asa recorded deed or recorded map and which is recognized as a separate legal entity for purposes of transfer of title. Lot, corner. Al lot at thej junction of and fronting on two or more intersecting streets, both of which are 20 Lot, through. Al lot which fronts upon two parallel or approximately parallel streets, or which fronts upon two Lot area. The total area circumscribed by the boundaries ofa lot, except that: (i) when thel legal instrument creating a lot shows thel boundary oft thel lot extendingi into a public street right-of-way, then thel lot boundary for purposes of computing thel lot area shall bet the street right-of-way line, ori if the right-of-way line cannot be determined, al line running parallel to and 301 feet from the center oft the traveled portion oft thes street; and () ina residential district, when a private road that serves more than three dwelling units is located along any! lot boundary, then the lot boundary for purposes of computing the lot area shall be the inside boundary of the CM,P,R-3, R-2, and R-1. Lodging. The provision ofar rooming unit or units for compensation. feet or more in width. streets which do not intersect at the boundaries of thel lot. traveled portion of that road. Central Falls, Rhode Island, Code of Ordinances Page 82 of93 Lot building coverage. That portion of thel lot thati is or may be covered by buildings and accessory buildings. Lot depth. The distance measured from thet front lot line to the rear lot line. For lots where the front and rear Lot frontage. That portion of a lot abutting as street. Where all lôt frontage is not contiguous, then only the largest single portion of such loti frontage willl be considered with regard to minimum frontage requirements. Lot line. Al line of record, bounding a lot, which divides one lot from another lot ori from a public or private street or lot lines are not parallel, the lot depth is an average of the depth. any other public or private space, and shall include: (a) Front: Any lot line separating al lot from as street right-of-way; (b) Rear: The lot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, an assumed line at least ten feet in length entirely within the lot, parallel to and ata a maximum distance from the front lot line; and (c) Side: Any lot line other than a front or rear lot line. Ona corner lot, or irregularly shaped lot, there mayl be more than one front lot line. Lot width. The horizontal distance between the side lines ofal lot measured at right angles to its depth along Mixed use. Amixture of land uses within a single development, building or lot. Under some circumstances, a second principal use may! be regarded as accessory toi the first, and thus a combination use is not established. In addition, when two or more separately owned or separately operated enterprises occupy the same lot, and all such enterprises fall within the same principal use classification, this shall not constitute a mixed use. Mobile home. A: structure designed or used for residential occupancy built upon or havinga a frame or chassis to which wheels may be attached by whichi it mayl be moved upon a highway, whether or not such structure actually has, at any given time, such wheels attached, or is jacked up or skirted, or attached to a permanent: slab More restrictive. zone. The order of zones from more restrictive to less restrictive is: R-1, R-2, R-3,P,CM,C-1, Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully existing at the time of the adoption or amendment of this ordinance and not in conformity with the provisions of such ordinance or astraight line parallel tot the front line at the minimum front setback line. foundation. C-2,C-D, M-1 and M-2. amendment. Nonconformance shall be of only two types: (a) Nonconforming by use: A lawfullye established use of land, building or structure which is not a permitted use in that zoning district. A building or structure containing more dwelling units than are permitted by (b) Nonconforming by dimension: A building, structure, or parcel of land not in compliance with the dimensional, regulations of this ordinance. Dimensional regulations include all regulations of this Abuilding or structure containing more dwelling units than are permitted by the use regulations oft this ordinance shall be nonconforming by use, while a building or structure containing a permitted number of dwelling units byt the use regulations of the zoning ordinance, but not meeting thel lot area per dwelling unit regulations, Nursing home. At facility licensed byt the State of Rhode Island, and maintained for the purpose of providing Overlay district. A district thati is superimposed on one or more district or parts of districts and that imposes specified requirements in addition tot those otherwise applicable for the underlying zone and or which allow the use regulations of this ordinance shall be nonconjforming by use; and ordinance other than those pertaining to the permitted uses. shall be nonconforming by dimension. skilled nursing care and medical supervision at al lower level thant that available ina al hospital. alternate uses (see section 101.4 of this ordinance). Central Falls, Rhode Island, Code of Ordinances Page 83 of93 Owner. Any person, agent, firm or corporation who, alone, jointly, or severally with others: (a) shall have legal or record titlet to any property; or (b) shall have charge, care or control of any property as agent, executor, Parking, accessory use. Off-street parking of automobiles on the same or contiguous lot as a principal use Parking, principal use. Off-street parking of automobiles on one or more lots where parking spaces for more than four automobiles are available for public use whether free, for compensation, or to satisfy parking Parking area aisles. Al portion of paved area consisting of lanes providing access to parking spaces. Parking space. Ap portion of paved area: set aside for the parking of one vehicle. Permitted use. A use by right whichi is specifically authorized in a particular zoning district. Pre-application conference. A review meeting ofay proposed development held between applicants and the planning division, before formal submission of an application for a permit or for development approval. Repair. A change meant only to remedy damage or deterioration of a structure ori its appurtenances. Rest home. Group lodging for convalescing people, including [the] elderly, where basic services are provided. Rooming unit. Ar room or suite of rooms having an independent means of access within a building, with Setback line or lines. Al line or lines parallel to al lot line at the minimum distance oft the required setback for the zoning districti in which the lot is located that establishes the area within which the principal structure must be Shared parking. Shared parking is a parking land use technique that mayl be utilized when land uses have different predictable parking demand patterns such that different groups of parkers are able to use the same parking spaces/areas at different time periods throughout the day. Shared parking is most effective when these land uses have significantly different peak parking characteristics that vary by time of day, day of week, and/or season oft the year. In these situations, shared parking strategies will result int fewer total parking spaces needed when compared tot thet total number, ofs spaces needed for each land use or business separately. Land uses often usedi in specific shared parking arrangements include office, restaurants, residential developments, retail, schools, churches and cinemas. Shared parking is often effectively utilized in mixed-use developments. Sign. Any device thati is sufficiently visible to persons not located on the lot where such device is located to attract the attention of such persons or to communicate information tot them. Sign, freestanding. A sign that is attached to, erected on, or supported bys some: structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to al building or other structure Sign, off-premises. As sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other activity thati is conducted, sold, or offered at al location other Sign, temporary. A sign that () is usedi in connection with a circumstance, situation, or event that is designed, intended or expected to take place or to be completed within a reasonably: short or definite period after the erection of such sign, or (ii) is intended to remain on the location where iti is erected or placed for a period of not more than 15 days. Ifas sign display area is permanent but the message displayed is subject to periodic changes, administrator, trustee or guardian. where said parking is established or required in conjunction with the principal use. requirements ofa a principal use on: separate and noncontiguous lots. Removal. A relocation of a structure oni its site or to another site. Rooming House. Al building where lodging is supplied in rooming units. facilities intendedi for sleeping and living. erected or placed. having a principal function other than the support ofa a sign. than the premises on which the signi is located. that sign shall not be regarded as temporary. Central Falls, Rhode Island, Code of Ordinances Page 84 of93 Site plan. The development plan for one or more lots on which is shown the existing and/or the proposed Special use. A regulated use which is permitted pursuant to a special use permit issued byt thel board. Story. That portion ofal building included between the upper surface of any floor and the upper surface of thef floor next above; also, any portion ofa a building used for human occupancy between thei topmost floor and the Street. A public right-of-way established by or maintained under public authority, a private way opent for public uses, and a private way plotted or laid out for ultimate public use, whether or not constructed. Street line. The line dividing al lot from any street, except a limited or controlled access highway to which the Structure. A combination of materials to form a construction for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land or water, including, but not limited to, buildings, gazebos, Substandard lot of record. Any lot lawfully existing att the time of adoption or amendment of this ordinance and not in conformance with the dimensional and/or area provisions ofs such ordinance or amendment. Temporary lodging. Lodging typically leased for less than one month increments, as in hotel and motel. Tower. Any structure whose principal function is to support transmitting or receiving antenna and related Use. The purpose or activity for which land or buildings are designed, arranged, or intended, or for which Use, accessory. A subordinate use located on the same lot with the principal building, or subordinate use of land, either of which is customarily incident to and serves the principal building or the principal use of thel land. Utility facilities. Any aboveground structures or facilities (other than buildings, unless such buildings are used as storage incidental tot the operation of such structures ori facilities) owned by a governmental entity, a nonprofit organization, a corporation, or any entity defined as a public utility for any purpose by the State of Rhode Island and used in connection with the production, generation, transmission, delivery, collection, or storage of water, Variance. Permission to depart from thel literal requirements of this ordinance. An authorization for the construction or maintenance ofal building or structure, or for the establishment or maintenance ofa a building or structure, orf for the establishment or maintenance ofa use of land, which is prohibited by this ordinance. There (a) Use variance. Permission to depart from the use requirements of this ordinance where the applicant for the requested variance has shown bye evidence upon the record that the subject land or structure cannot yield any beneficial use ifiti is to conform toi the provisions oft this ordinance; (b) Dimensional variance. Permission to depart from the dimensional requirements of this ordinance, Vehicle, commercial. Automobile vehicle used for commercial transportation purposes, including, but not limited to trucks (all types and weights), van used for delivery and: service, tractor-trailer, garbage pickup or dump conditions of thel lot. Formerly referred to as a special exception. roof. Al basement may! be counted as a story but a cellar shall not be so counted. lot has no access. billboards, outbuildings, and swimming pools. electronic devices. Transitional housing. See Community residence. land or buildings are occupied or maintained. Use, principal. The primary or predominant use of any lot. sewage, electricity, gas, oil, or electronic signals. shall be onlyt two categories of variance, a use variance or a dimensional variance: under the applicable standards set forth in R..G.L545-24-41. truck, dumpster truck, or similar type vehicle. Central Falls, Rhode Island, Code of Ordinances Page 85 of93 Wholesale sales. On-premises sales of goods primarily to customers engaged in the business of reselling the Yard, front. Ay yard extending across the fully width oft thel lot, the depth of which shall be the least distance between the building and the street, and which is open, unoccupied and unobstructed by buildings or structures Yard, side. Ay yard extending from the side of the building to the side lot line, the length of which is measured Yard, rear. Ay yard extending across the full width oft the lot, measured fromi the rear of the building tot the Zoning certificate. A document signed byt the: zoning enforcement officer, which acknowledges that a use, structure, building or lot either complies with ori is legally nonconforming to the provisions of the municipal zoning. Zoning enforcement officer. The person authorized to interpret and enforce the provisions oft this ordinance, Zoning map. Ther map or maps which are a part oft this ordinance and which delineate the boundaries of all Zoning use districts. The basic uniti in zoning to which a uniform set of regulations applies, orauniform set of goods. from the ground to the sky, except as otherwise provided in this ordinance. from thef front lot linet to the rear lot line. rear lot line. ordinance ori is an authorized variance therefrom. also known as thel building official and director of minimum housing. mapped zoning districts within the physical boundary of the city. regulations for as specified use. Old.dr10.42000.51) Appendix A This list of use code numbers; is tol be used in conjunction with Section 304, Table: 1-Use Regulations. Each use code number corresponds with a specific linei in Section 304 andi illustrates the range of specific uses. Accessory uses, where appropriate, are also listed. Sec. 1.0. Residential. 11 One Household Detached Dwelling one household unit with accessory use and home occupation. 121 Two Household Detached Dwelling two household units with accessory use and home occupation. 14 Multi-Household, Dwelling three or more household units with accessory use and! home occupation. 15 Group Quarters and Lodging Ten (10) rooming units or less withi incidental lodging. 15.1 Nursing Home. Licensed extended care facility. one bed per each 2,000 square feet of gross acreage. 15.1.1 Congregate Care Facility- Includes retirement homes and convalescent housing with no more than 15.2 Community Residence 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 thei following: (a) Whenever six or fewer mentally handicapped children or adults reside in any type of residence int the community, as licensed by thes state pursuant to Rhode Island General Law Section 1.(b)Agroup 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 Rhode Island General Law Section 40.1: 24-1 [G.L. 1956, 9 40.1-24-1 et seq.), (c). Aresidence for children 40.1-24-1 et seq. Central Falls, Rhode Island, Code of Ordinances Page 86 of93 providing car or supervision, or both, to not more than eight children including those oft the care giver and licensed byt thes state pursuant tol Rhode Island General Laws Section 42-72.1 [G.L. 1956, 542-72.1- lets 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 residei in such residence not less than sixty days nor more than two years. Residents will have access to and use. ofa 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. (See Article 10. Definitions for Community 161 Temporary Lodging, ten (10) rooms or less tourist home, bed and breakfast, hotel, and motel. Residence). 16.1 Temporary Lodging, 11 to 29 rooms hotel and motel. 16.2 Temporary lodging, more than 30 rooms hotel and motel. 16.3 Temporary Lodging, with supervision, 15 residents or less rescue mission, homeless shelter, drop in 16.4Temporary Lodging, with supervision, more than 16 residents rescue mission, homeless shelter, drop center. in center. 17Mobile Home Park Residential mobile home, Mobile Home Park, trailer park. Sec. 2.0. Institutional and governmental services. 21 Educational Institution Post Secondary Includes the following: Classrooms, office and assembly use, lecture hall, library, museum and other facilities for instructional purposes; laboratory facility for teaching and research, radio station; administrative office, including academic and business offices, security office, health care facility, day care facility, bookstore; theater with no public assembly, dance studio, exhibition facility, theater, stadium, indoor and outdoor sports facility, including gymnasium for athletic events such as swimming, skating, tennis, football, baseball and other sports; residence hall, dormitory, sorority, fraternity, dining hall, and cafeteria; maintenance facility, workshop, garage, repair facility, and power plant; parking garage and parking lot; not including trade or business school: vocational and trade skillsi in automotive, construction, metallurgical, chemical 21.1 Educational Institution- Elementary through high school Public and private schools includes the following: classrooms, office and assembly use, lecture hall, library, and other facilities for instructional purposes; laboratory facility for teaching, administrative office, health care facility, day care facility; theater with no public assembly, dance studio, exhibition facility, stadium, indoor and outdoor sports facility, including gymnasium for athletic events such as swimming, skating, tennis football, baseball and other sports; not including trade or business schools; vocational and trade schools in automotive, construction, metallurgical, chemical and: similar 22 Trade Schools Public and private institution providing training and/or instruction in: art, business, bookkeeping, accounting, secretarial and the like, cosmetology, dancing, driving hair styling, music conservatory; not including vocational and trade skillsi in automotive, construction, metallurgical, chemical and: similar industrial 22.1 Vocational Training Facility A public or private organization in agreement with the city to supply training services ini the trades such as carpentry, electrical, plumbing, HVAC or similar trades. No outdoor storage. 23 Religious Services Church synagogue, other places of worship including accessory halls retreat centers and: similar industrial operations. industrial operations. operations. and similar activities. Central Falls, Rhode Island, Code of Ordinances Page 87 of93 24 Medical and Health Services Hospital (not animal hospital), medical diagnostic or treatment facility, medical or dental office, research laboratory or educational facility, sanitarium, and any use accessory thereto, center for occupational and physical therapy, physical fitness, and drug and alcohol rehabilitation (provided such drug or alcohol rehabilitation facility is owned by or operated in conjunction with al hospital); clinici for medical, dental surgical or psychiatric treatment of disease and disability, whether on ani inpatient or outpatient basis; 24.1 Drug or Alcohol Rehabilitation, facility not owned by or operated in conjunction with al hospital. 24.2 Medical or Dental Office Building occupied by physicians, surgeons, dentist, nurses or other medical, paramedical and para-dental personnel, not owned by or operated in conjunction with al hospital. 25 Local and State Government Local and State administrative or legislative office and chamber, armory, judicial office or court, state police station, municipal fire and police station, with accessory use. 26 Family Day Care Home, as defined in Article 10- may be children or adults receiving care. 26.1 Day Care Facility with more than six (6) persons may be children or adults receiving care. 26.2 Preschools, as defined by the Rhode Island Department of Elementary and Secondary Education. 27 Service Organization business, professional and labor organization; civic, social, fraternal and service association; welfare, philanthropic and charitable institution; and other miscellaneous services. 28 Cemetery- cemetery, historic cemetery, memorial park but noti including funeral homes. health maintenance organization (HMO). 25.1 Prison or Correctional Institution. (Ord. of 10-16-20190),92) Sec. 3.0. Cultural, entertainment and recreation services. 31 Non-Profit Library, Museum and Art Gallery. 32 Spectator Assembly auditorium, exhibition hall, sports arena, stadium, theater, outdoor recreation 33 Outdoor Recreation. Facility- golf course, tennis court, swimming pool, camp ground, riding academy and 34 Indoor Sports Facility- bath house, public bathing, bowling, billiards and like sports; boxing arena; dance hall; gymnasium andi indoor swimming pool; ice and roller skating rink; indoor tennis squash and racquetball court; 35 Non-Profit Community Park and Playground- Neighborhood, city wide: and regional park (multipurpose, 36 Open Space community garden, forest reserve, wildlife refuge and other open space; crop or tree farming, truck, gardening; provided that no permanent retail stand or other commercial structure shall be located facility, amusement park, drive-in movie, driving range, fair ground, and miniature golf. country club. video arcade, games ofs skill, shooting gallery. leisure and ornamental; garden); and playground or play field. thereon except for the sale of products raised on the premises. Sec. 4.0. General services. 41 Finance, Insurance and Real Estate. Service banking and bank-related functions, credit services, savings and loan association and credit union; insurance carrier, personal credit agency; real estate agent, real estate 42 Personal Service (other than as accessory to residential as per Section 5-1 (a) apparel repair, alteration and cleaning pickup service; barber and beauty service; nails salon; eyebrow threading; spa service (special use developer, security and commodity trading service. Central Falls, Rhode Island, Code of Ordinances Page 88 of93 permit required), tanning salon; photographic service; self-service laundry and drop-off cleaning service (no dry 42.1 Funeral Home Facility and establishment that arranges for and prepares funerals, including preparation 43 Limited Business. Service- advertising agency; business office; credit reporting and collection service; interior designer; photocopy; duplication, mailing and stenographic service; private employment service; research 44 General Business Service- - printing and copying service; building maintenance service; car washing; catering service; cleaning establishment, including on premises dry cleaning; news syndicate service; pawn shop; radio, TV, electrical electronic and appliance repair service; re-upholstery: andi furniture repair service; trade school for the instruction of general business service; and wholesale merchandise broker, excluding wholesale storage. 45 Repair Service, Automotive including Trucks and All Commercial Vehicles - automobile service station, including sale of gasoline; garage repair shop, lubrication shop, transmission shop, muffler and brake service; automobile re-upholstery andi interior repair; trade school for the instruction of above repair services. 45.1 Gasoline sales, Automotive Gasoline sales, with no service of automobiles, but including accessory 46 Professional. Service - accounting; architectural and engineering: legal; medical and related services; trade 47 Contract Construction Service- cabinet making shop, carpentry service; concrete, masonry or plastering service; electrical contractor; general contract construction service; job shop; painting paper hanging and decorating service; plumbing, heating and air conditioning service; roofing and sheet metal service; taxidermy cleaning on premises); shoe repair service. of corpses for burial, related ceremonial function rooms and thel like. and development of related activities; watch, clock andj jewelry répair service. sales of related products. or professional. school for the instruction of professional service listed herein. 46.1 Veterinarian and Animal Hospital- veterinarian service and animal hospital. establishment; well drilling service. 48 Warehousing and Storage not including open lot storage. 49 Warehousing and Storage including open lot storage. their vehicle; mayi include kiosk and: speakers for ordering. 50 Drive Up Windows -a window designed to allow patrons or customers to be served while remaining in (Ord. of 3-10-2014(2)) Sec. 5.0. Trade. 51 Wholesale Trade, within enclosed structure- including accessory: storage, building materials or lumber yard (retail also permitted), contractor's equipment rental, storage and maintenance; drugs, chemicals and allied products; durable goods and apparel; electrical and electronic goods and hardware, plumbing, heating equipment, and supplies (retail also permitted): farm products; groceries and related products; household goods; machinery equipment and supplies; motor vehicles and automotive equipment and general warehouse. 52 Wholesale Trade and Outdoor. Storage building materials or lumber yard (retail also permitted); contractor's equipment rental, storage and maintenance; drugs, chemicals and allied products; electrical electronic goods and hardware, plumbing, heating equipment, and supplies (retail also permitted); farm products; groceries and related items; machinery equipment and supplies; motor vehicles and automotive equipment; nonflammable 53 Bulk Storage, Petroleum/LNG. Storage, (not Including Landfill), Scrap and Waste Materials- Heating oil, diesel oil, storage of petroleum products, propane and kerosene storage for retail sale. Bulk storage of petroleum medical or industrial gases. Central Falls, Rhode Island, Code of Ordinances Page 89 of93 products, propane storage. Bulk: storage of liquefied petroleum gas, liquefied nitrogen gas (other gases stored 54 Retail Trade-Building and Related Material- hardware-retaili; nursery and garden supplies retail only, greenhouse not permitted; paint, glass, and walpaper-retail; yard equipment ands supplies. 55 Retail Trade, Neighborhood Establishments, 2,500sq. GFA or Less apparel and accessories; household appliances; art supply; bakeries; books newspapers and periodicals; cameras and photographic supplies; confectionery; custom tailoring; dairy products; drug store; eating and/or drinking establishments excluding entertainment; fabric store; floor covering-retail; florist; fruits and vegetables-retail; gift shop; groceries and delicatessens-retail; hobby shops; home furnishings and equipment; jewelry-retail; liquor store; meat andi fish- retail; musical instruments and supplies-retail; office supplies or equipment, stationery or art supplies; pet store; radio, television, audio/video and computer equipment, sales and/or réntal; shoe store; sporting goods and bicycles; variety store; hardware-retail; nursery and garden supplies-retail including greenhouses; paint, glass, and 55.1 Convenience Store newspapers and periodicals; dairy products; fruits and vegetables-retail; groceries 56 Retail Trade Community-wide Establishment More Than. 2,500 sq. GFA apparel and accessories; household appliances; art supply; bakeries; books newspapers and periodicals; cameras and photographic supplies; confectionery; custom tailoring; dairy products; department store, no automotive repairs ori installation; drinking establishments serving alcoholic beverages; drive-in eating establishments; drug store; eating and/or drinking places excluding entertainment; fabric store; floor covering-retail; florist; fruits and vegetables-retail, gift shop; groceries and delicatessens-retall; hobby shops; home furnishings and equipment; jewelry-retail; liquor store; marine accessories; meat and fish retail; musical instruments and supplies-retail; office supplies or equipment, stationery or art supplies; pets store; radio, television, audio/video and computer equipment, sales and/or rental; second hand merchandise and antiques; shoe store; sporting goods and bicycles; supermarkets; 57 Retail Trade Automotive, Marine Craft, Aircraft and Accessories- marine craft sales and storage; mobile home sales; retail sales: motor vehicles (new and used); recreational vehicle sales; tires, batteries and accessory 58 Fast Food Restaurant- -A commercial establishment where food or beverages are cooked, prepared or packaged and offered for sale inside or outside the structure by means of stand-up counter and/or drive-in service (including self service) and primarily serves or dispenses such food or beverages in or with disposable containers under pressure or temperature are not permitted). walipaper-retail; yard equipment and supplies. and delicatessens-retail, andr related convenience items. variety stores. sales. and/or utensils and take away food is more thani incidental. Sec. 6.0. Transportation, communication and utilities. 61 Transportation Center- Motor vehicle rental office, including outdoor storage of vehicles; taxicab terminal; truck and trailer rental office; including the storage of moving vans, truck trailers, storage trailers, boat trailers; bus passenger terminal; railroad passenger terminal; rapid rail transit; accessory indoor maintenance and 62 Freight Terminal Public utility service yard, railroad yard or freight yard, accessory outdoor maintenance 63A Aircraft Transportation including maintenance Heliport, accessory outdoor maintenance and storage. 64 Parking, Principal Use Parking Garage or open lot for passenger and commercial vehicles. No gasoline storage. and storage. sales and no automotive repairs. Central Falls, Rhode Island, Code of Ordinances Page 90of93 65 Communication and Utilities Electrical sub station, telephone switching device (non-office or store), gas telephone and telegraph and cable television utilities or junction box (no office or store), water utilities, well, pumping station or storage facility, water supply reservations or reservoirs. 65.1 Wireless transmitting and receiving antennae, including satellite dish type. 66 Power Plant, steam and/or electricity generating facility powered bys solar, natural gas or low sulfur oil 66.1 Incinerator and Waste Facility Incinerator power plant powered by solid wastes; incinerator, sewage only. disposal facilities or solid waste transfer station, operated. by or for a state or municipal agency. 67 Outdoor Advertising billboards (freestanding or on building) Secs. 7.0-8.0. Manufacturing. 70/ Food and Kindred Products Manufacturing Including Canning and/or Packaging- beverage manufacturing and/or bottling; brewery or distillery; canning and preserving fruits and vegetables; confectionery and related products; dairy products; grain mill products; ice cream manufacturing; ice manufacturing; meat products (not including slaughter); poultry products (including slaughter); sugar manufacturing; canning and preserving ofi fish and seafood. 70.1 Processing of baker products. 70.2 Processing of sauerkraut, vinegar or yeast. 70.3 Rendering or refining off fats or oils. 70.4S Stock yard or feeding pen. 70.5. Slaughter of animals, not including fowl; and distillation of bones. 71 Textile Mill Product and Apparel Manufacturing carpet and rug weaving; fur goods; hats, caps and millinery; knit goods, woven fabrics, felt and other small wares; lace andl lace goods; yarns and threads; laundry and/or dry cleaning plant; dyeing plant andi finishing of textiles; leather and leather apparel suits, coats and overcoats including furnishings, work clothing and allied garments, outerwear and undergarments. 72 Lumber and Wood Products furniture and fixtures manufacturing; household and office furniture; millwork veneer, plywood and pre-fabricated: structural wood products; partitions, shelving, lockers and office and storet fixtures; sawmills and planing mills; signs and advertising displays; toys, amusement, sporting and athletic goods; wooden containers; and other articles and merchandise made from wood or wood products. 73 Paper and Allied products, Printing, Publishing books, newspaper, and periodicals; printing, binding, and publishing; building paper and! building paper board; converted paper, paperboard and paperboard products; industrial printing, including manifold business forms, greeting cards. Paperboard containers and boxes. 73.1 Pulp mills and paper mills. 74 Chemicals and Allied Products Manufacturing alcohol manufacturing; battery manufacturing; bleaching and dyeing; manufacture inj processing of fuel and ice, gum and wood chemicals, industrial inorganiç and organic chemicals, paints, varnishes, lacquers, enamels and allied products, non-explosive processes; plastic materials and synthetic rubber, synthetic and other man-made fibers; soap, detergents and cleaning preparations, perfumes, cosmetics and other toilet preparations; creosote manufacture or treatment. 74.1. Agricultural chemicals including fertilizer. 74.2 Leather and fur tanning and finishing. 74.3 Acid manujacturing hydrochloric acid; nitric acid; picric acid; sulfuric acid. Central Falls, Rhodel Island, Code of Ordinances Page 91 of93 74.4 Chlorine or other similar noxious ort toxic gases and chemicals. 74.5 Glue manufacture. 75 Petroleum Products and Related Industries manufacturing household products derived from petroleum 75.1 Petroleum Refining coal distillation including manufacture or derivation of the by- products; manufactured gases from petroleum and petroleum by-products; tar distillation ort tar products manufacture. 76 Rubber and Miscellaneous Plastic Products- manufacturing advertising display signs, floor covering, miscellaneous plastic products, reclaiming rubber, rubber footwear, sporting goods and stamps, toys and novelties, rubber manufacture or treatment; tire manufacturing tire re-treading, tire recapping. 77Stone, Clay and Glass Products- manufacturing, compounding, assembling or treating articles or merchandise from thet following prepared materials: brick and tile, cement and cement products, concrete, gypsum and plaster products, cut stone ands stone products manufacturing, flat glass, glass and glass ware, glass tubing, neon signs, pottery and related products, and structural clay products. Above products may bet fired onlyi in including flooring material; paving and roofing materials. kilns powered and/or heated by electricity or gas. 77.1 Pottery Products Manufacturing. 77.2 Abrasive and Miscellaneous Nonmetallic Mineral Products Manufacturing. and storage of cement, salt, rock, sand and gravel; rock quarries; stone mill. 77.4, Asbestos and related asbestos products manufacturing and assembly. 77.3 Cement, Lime, Gypsum or Plaster of Paris Manufacture potash works; materials processing, distribution 77.5. Junk Yard- including storage, sorting, collecting or baling of rags, paper, metal orj junk, truck or 78 Primary Metal Industries- blast furnaces; steel works; and rolling and finishing oft ferrous metals; iron and steel foundries; primary and secondary smelting and refining of nonferrous metals; rolling, drawing and extruding nonferrous metals; smelting of tin, copper, zinc or iron ore including blast furnace or blooming mill. 79 Fabricated Metal Products- - manufacturing cutlery, hand tools, machine tools, general hardware, metal cans and other metal products; fabricating structural metal products; fabricating wire products (miscellaneous products); manufacturing heating apparatus and plumbing fixtures; manufacturing light sheet-metal products; metal shop; metal stamping; manufacturing screw machine products and bolts, nuts, screws, rivets and washers; automobile wrecking. coating, engraving and allied services; and blacksmith and silversmith shop. 79.1 Drop Forge Industries, Manufacturing Forgings with Power Hammers. 80 Machinery andi machine parts manufacturing manufacturing agricultural machinery, communication equipment, computer hardware and related business machines, construction, mining and materials handling machinery and equipment, electric lighting and wiring equipment, electrical apparatus, motors, generator, coils, condensers, transformers and welding equipment, electrical transmission and distribution equipment, electronic components, accessories, instruments and devices, engines and turbines, general office or industrial machinery. and equipment, household appliances, audio and video parts and equipment, metal working machinery and 817 Transportation Equipment Manufacturing auto body shops, aircraft and parts, motor vehicles and equipment manufacturing, including body repair, painting services, rebuilding, assembling, reconditioning, equipment and metal tools. overhauling, motorcycles, bicycles and parts, rail equipment. 82. Ship and Boat Building and Repairing. 83 Precision Instruments and Scientific Equipment Manufacturing- engineering, laboratory and scientific and research instruments and associated equipment, instruments for measuring, controlling and indicating physical Central Falls, Rhode Island, Code of Ordinances Page 92 of93 characteristics, musical instruments and parts, ophthalmic goods optical instruments and lenses, pens, pencils and other office and artists' equipment, photographic equipment and supplies, surgical, medical and dental 84J Jewelry, Silverware, Plated Ware, Costume. Jewelry and Notions Manufacturing costume jewelry, costume novelties, buttons and miscellaneous notions, jewelers' findings and materials, jewelry, silverware and instruments and supplies, watches, clocks, clockwork devices and parts. plated ware. 84.1 Manual Assembly of Jewelry Parts job shops. 84.2 Plating of jewelry and related precious and semi-precious metal parts and products, including electroplating and plating of electronic parts and products using acids and electrical mechanisms. 85/ Arts and Crafts Manufacturing manufacture of articles from metal. Wood, stone, clay, glass, ceramic, paper, leather or similar material for display, wholesale or retail sale, provided that no more than 2,500 sq. ft. GFA 86 Nuclear Industries Manufacturing and Explosives Manufacture or Storage in Bulk Quantities nuclear process related machinery; nuclear reactor (not for generating power); processing and storage of nuclear fuels and other materials; storage, reclaiming and disposal of nuclear waste and manufacture and storage in bulk quantities be used and that there be no more than 5 employees. ofe explosives, munitions and ordinance. 87 Tobacco Processing 88 Biological Technologies- Industries that use RDNA (recombinant deoxyribonucleic acid), cell fusion and novel bioprocessing techniques; including related research into processes that promote human health diagnostics and therapeutics, agricultural biology including plant genetics for food purposes, veterinary products, environmental remediation techniques, and manufacture of instruments that assist in biological research. Central Falls, Rhode Island, Code of Ordinances Page 93 of93