DIVISION 23. - ADDITIONAL CRITERIA FOR THE ISSUANCE OF SPECIAL USE PERMITS

Part of the Code of Ordinances of East Providence, RI.

Local law · 2,200 sections

The text

Sec. 19-360.5. - Sportsmen's clubs.#

(a)

Notwithstanding any other provisions of this chapter, the following regulations shall apply to all sportsman's clubs:

(1)

Minimum lot size of five acres.

(b)

Special use permit criteria. In cases where sportsman's clubs are a special permit use in a district, the following criteria shall apply:

(1)

Compatibility with neighboring residential land uses as evidenced by:

Submission of a landscaping plan, prepared by a professional landscape architect, licensed in the State of Rhode Island, which shows how the proposed development will be adequately landscaped and screened from adjacent residential properties.

Submission of evidence that any proposed firearm activity will not pose a public safety risk to neighboring residents, users of the facility, or the general public, and that all relevant firearm related laws will be met.

Submission of evidence that noise from any proposed firearm activity will not unduly disturb residents in proximity of the site. In order to make this determination, the zoning board of review or planning board under unified development review may require submission of an acoustical impact analysis, prepared by an acoustical engineer, licensed in the State of Rhode Island.

Submission of evidence, including, but not limited to, a drainage analysis and related plans, prepared by a professional civil engineer, licensed in the State of Rhode Island, showing that any development will not have a negative effect on adjacent properties or natural resources.

Submission of evidence, including, but not limited to, an erosion and sediment control management plan, prepared by a professional civil engineer, licensed in the State of Rhode Island, showing that any development will not have a negative effect on adjacent properties or natural resources.

(Ch. 914, § I(Att.), 12-19-23)

Sec. 19-360.6. - Nonprofit club; civic, social or fraternal.#

Special use permit criteria. In cases where nonprofit clubs are a special permit use in a district, the following criteria shall apply: (a)

Compatibility with neighboring residential land uses as evidenced by:

(1)

(2)

Submission of evidence that any proposed events or activities will not pose a public safety risk to neighboring residents, users of the facility, or the general public and will adequately manage traffic, parking, emergency access, trash and potential light pollution.

(3)

Submission of evidence that noise from any proposed events or activities will not unduly disturb residents in proximity of the activity. In order to make this determination, the zoning board of review or planning board under unified development review may require submission of an acoustical impact analysis, prepared by an acoustical engineer, licensed in the State of Rhode Island.

(4)

(5)

(Ch. 914, § I(Att.), 12-19-23)

Sec. 19-360.7. - Bulk petroleum storage.#

Special use permit criteria. In cases where bulk petroleum storage is listed a special permit use in a district, the following criteria shall apply: (a)

Evidence of compliance with the industrial processes regulations in division 16 of these regulations.

(b)

Submission of evidence that any proposed fuel storage, deliveries or transportation will not pose a fire safety risk to neighboring residents or properties, or the general public, and will conform to all relevant fire safety codes.

(c)

Submission of evidence that any proposed fuel storage, deliveries or transportation will not have a negative impact on surface or groundwater resources, air quality, and/or other environmental factors. The applicant must ensure that releases due to spills and overfill will not occur. Leak prevention measures must be included. Spill release plans shall be developed and approved by relevant authorities. The applicant must provide for an ongoing inspection program conforming to all relevant laws, regulations and best management practices. All safety measures must continue after the closure of any bulk petroleum storage facility.

(d)

(e)

(f)

Submission of evidence that the facility will be compatible with neighboring land uses, including, but not limited to, management of truck traffic, trash, potential light pollution and provisions for landscaping and screening of the facility.

(Ch. 914, § I(Att.), 12-19-23)

Sec. 19-360.8. - Drive-through facilities.#

Special use permit criteria. In cases where development of new drive-through facilities is listed a special permit use in a district, the following criteria shall apply: (a)

Compatibility with the neighboring transportation network as evidenced by submission of traffic and/or parking impact studies analyzing both on and off-site conditions as they affect surrounding areas including, but not limited to:

(1)

Analysis of roadways which may be influenced by the project; including adjacent roads and major intersections;

(2)

Safety (accident data, sight distance, roadway conditions, etc.);

(3)

Capacity analysis utilizing the most current transportation research board guidelines or other document as specified by the director of public works;

(4)

Existing volumes (traffic counting);

(5)

Site-generated and future traffic;

(6)

Planned transportation improvements, if any;

(7)

Projected parking demand for the facility, and adequacy of available on-site parking;

(8)

Adequacy of proposed queuing areas, parking lot and travel lane geometry and emergency access.

(b)

Conformance with the following standards for stacking lanes and traffic circulation:

(1)

Vehicular stacking capacity of the drive-through facility and the internal circulation of the site shall be reviewed and approved by the development plan review committee. The petitioner shall submit information addressing the following issues with the application:

Nature of the product or service being offered;

Method by which the order is processed;

Time required to serve typical customer;

Anticipated arrival rate of customers;

Peak demand hour;

Anticipated vehicular stacking required;

Site plan reflecting all elements of internal circulation including parking, loading, stacking, traffic aisles and means to be used to delineate between these areas, e.g., striping, change of materials, landscaping etc.;

Location and size of signs (including order boards);

Location of trash storage areas and consumer trash receptacles;

Location, direction, power and timing of outdoor lighting; and

Areas for snow storage.

(2)

Stacking spaces for vehicles waiting to complete a transaction shall be provided in addition to the off-street parking spaces required under article IV, division II, off-street parking. The following are guidelines for numbers of stacking spaces by type of use. The required amount is to be calculated by the development plan review committee based on these guidelines and information provided by the applicant:

Restaurant 7 per station

Bank 5 for the first station, plus 2 for each additional station

Use with no order board 4 per station

In addition there shall be at least one stacking space after the service window, before entrance to a traffic aisle.

(3)

Each stacking space shall be a minimum of ten feet in width and 20 feet in length. Stacking lanes shall be a minimum of ten feet in width along straight portions and a minimum of 12 feet in width at curved segments. Stacking lanes shall be clearly designated by signs and delineated from traffic aisles, other stacking lanes and parking areas with striping, curbing, landscaping, the use of alternative paving material or raised medians.

(4)

Stacking lanes shall be designated to prevent circulation congestion, both on-site and on adjacent public streets. The site circulation shall:

Separate drive-through traffic from site circulation;

Not impede or impair vehicular or pedestrian traffic movement; and

Minimize conflicts between pedestrian and vehicular traffic by providing physical and visual separation between pedestrian ways and stacking lanes and driveways, or at the crossing of the two. Stacking lanes shall not interfere with required loading and trash storage areas. No drive-through lane shall exit onto a street.

(5)

Walk-in customer access should not intersect the drive-through lanes, but where it does, clearly marked pedestrian crosswalks shall be provided. These crosswalks must be emphasized by enriched paving or striping and include signage aimed at drivers in the drive-through lane.

(6)

Entrances to drive-through facilities shall be off-set at least 50 feet from an intersection. The distance shall be measured along the property line from the junction of the two sued right-of-way lines to the nearest edge of the entrance. Where a choice is possible, exits from facilities with a drive-through shall be onto collector or arterial streets rather than minor streets. Curb cut design shall be consistent with the additional provisions of section 19-283.

(c)

Conformance with the following standards for signage and lighting:

Menu boards or other informational boards at the window area, shall face away from public rights-of-way. Adequate directional signs shall be provided to assure smooth traffic circulation and pedestrian safety including marking entrances, exits and one way path of drive-through areas. The placement of all directional and street level advertising signage shall be subject to the review and approval of the development plan review committee to ensure that safe and efficient traffic circulation patterns and adequate sight distances will be maintained both within the street and them interior site parking area. The facility is subject to the signage standards of article VII, section 19-442. All lighting associated with the menu boards, window service area or site security, shall be directed and shielded to prevent any glare or reflection on adjoining streets or property.

(d)

Conformance with the following standards for litter and noise control:

(1)

Drive-through facilities are subject to the requirements of article IV, division 10, solid waste facilities, with regard to trash storage areas. The business shall be operated so that the premises, adjacent properties, and public areas or rights-of-way nearby are free of litter and trash originating from the site. In addition refuse receptacles for customer use shall be placed at appropriate locations along the end of drive-through areas.

(2)

Exterior loudspeakers shall not be used for advertising or entertainment. No outside loudspeaker system shall be installed within 50 feet of a residential use or district. Limitations on the hours of operation for the outdoor speaker system may be necessary in order to be compatible with neighboring residential uses. Outdoor speakers with a night time lower volume control are preferred.

(e)

Conformance with the following landscaping standards:

(1)

Conformance to the landscaping requirements of section 19-283.

(2)

Screen drive-through lanes from public rights-of-way and abutting residential properties;

(3)

Minimize the visual impact of reader boards and headlights of stacked cars; and

(4)

If applicable be part of the additional buffer requirements of section 19-137.

(f)

Conformance with the following fire protection standards:

(1)

Flammable and hazardous materials used in the conduct of a drive-through business shall be stored within the building or outside the building in accordance with section 5-28 of the revised East Providence ordinances. Proper care shall be exercised in the location of fuel storage containers to protect public safety.

(2)

Every business which utilizes drive-through service lanes must install a six-inch steel pipe, concrete filled, to be placed within two feet of the property's gas meter to protect such meters from being accidentally struck while vehicles are moving through the drive-through lane.

(Ch. 914, § I(Att.), 12-19-23)

Sec. 19-360.9. - Hotels and motels.#

Special use permit criteria. In cases where hotels and motels are allowable by special use permit in a district, the following criteria shall apply: (a)

Compatibility with the neighboring transportation network as evidenced by:

(1)

Submission of a traffic impact study analyzing both on and off-site conditions as they affect surrounding areas including, but not limited to:

Analyses of roadways which may be influenced by the project; including adjacent roads and major intersections;

Safety (accident data, sight distance, roadway conditions, etc.);

Capacity analysis utilizing the most current transportation research board guidelines or other document as specified by the director of public works;

Existing volumes (traffic counting);

Site-generated and future traffic;

Planned transportation improvements, if any.

(b)

Compatibility with neighboring uses as evidenced by:

(1)

(2)

Submission of evidence that the proposed development's loading, trash management, lighting, noise, and other operations will not unduly disturb nearby residents.

(3)

Submission of evidence, including, but not limited to, a drainage analysis and related plans, prepared by a professional civil engineer, licensed in the State of Rhode Island, showing that development will not have a negative effect on adjacent properties or natural resources.

(4)

Submission of evidence, including, but not limited to, an erosion and sediment control management plan, prepared by a professional civil engineer, licensed in the State of Rhode Island, showing that the development will not have a negative effect on adjacent properties or natural resources.

(5)

Submission of evidence, that any accessory activities, such as event and/or conference space, restaurants, bars, live music, and recreational facilities, will not disturb area residents. Information shall include, but not be limited to, proposed hours and scope of activities. The zoning board, or planning board in the case of Unified Development Review, may require the applicant to submit a noise analysis prepared by a professional acoustical engineer in cases where live music is proposed. Such a study shall analyze expected noise levels and shall include recommendations to mitigate any expected excessive noise.

(c)

Submission of evidence that adequate safety provisions for guests and employees will be provided as evidenced by the proposal's conformance with fire, building and health codes, and other relevant state and federal requirements.

(Ch. 918, § II, 5-7-24)

Sec. 19-360.10. - Two-family dwellings.#

Special use permit criteria. In cases where two-family dwellings are listed as a special permit use in a district, the following criteria shall apply: (1)

In the R5 and R6 districts, the lot shall have an area at least 50 percent greater than the minimum lot size; and

(2)

In the R4 district, the lot shall have an area at least 75 percent greater than the minimum lot size.

(3)

Compliance with the minimum off-site parking standards of division 11

(4)

Drainage systems shall be designed so that there will be no increase in the rate of runoff from the post-development site as compared to the pre-development site.

(Ch. 944, § I(Att.), 9-2-25)

Sec. 19-360.11. - Multifamily dwellings.#

Special use permit criteria. In cases where multifamily dwellings are listed as a special permit use in a district, the following criteria shall apply: (1)

Compliance with the minimum area requirements and maximum multifamily dwelling density requirements of division 7.

(2)

Compliance with the minimum off-site parking standards of division 11.

(3)

Drainage systems shall be designed so that there will be no increase in the rate of runoff from the post-development site as compared to the pre-development site.

(Ch. 944, § I(Att.), 9-2-25)