DIVISION 4. - ACCESSORY USES
Part of the Code of Ordinances of East Providence, RI.
The text
Sec. 19-171. - Accessory uses.#
The following accessory uses shall be allowed, provided that they shall conform to all other provisions of this chapter and that they shall not be detrimental to or impair adjacent properties or the neighborhood. (1)
Residential district:
a.
The raising or growing of horticultural products for home use by a resident family thereon.
b.
A hen house, barn, stable, kennel or dairy incidental to a permitted farming use.
c.
A garden or tool shed used only for the storage of garden implements and light home maintenance tools.
d.
A greenhouse not exceeding 1,500 cubic feet and not used for commercial purposes.
e.
Swimming pools, including appurtenant structures such as dressing and shower rooms and equipment houses as regulated by this chapter and other city ordinances.
f.
A private garage or parking area as required in sections 19-276 through 19-284 in connection with a dwelling for:
1.
Not more than three motor vehicles, which shall not include more than one vehicle owned by a nonresident of the premises in an R-1 or R-2 district.
2.
Not more than four motor vehicles, which shall not include more than two vehicles owned by a nonresident of the premises in an R-3 or R-4 district.
3.
Not more than two motor vehicles per dwelling unit, which shall not include more than one vehicle owned by a nonresident of the premises for each two dwelling units in an R-5 or R-6 district.
In any case, not more than one commercial vehicle weighing not more than two and a half tons gross weight shall be permitted to park overnight on a residential premises in a residential district, except in the case of a farm operated on a full-time basis by a resident thereon.
g.
A professional home office or studio located within the principal building of the premises of a resident architect, artist, author, attorney, clergyman, dentist, engineer, physician or other member of a recognized profession; provided that not more than 25 percent of the total floor area, not to exceed 250 square feet is regularly devoted to such use and that no more than one other person is regularly employed therein in connection with such in an R-1, R-2, R-3 or R-4 district, and not more than two other persons are regularly employed therein in connection with such use in an R-5 or R-6 district.
h.
Any home occupation use such as dressmaking, millinery, home cooking and preservation and similar domestic crafts, excluding barbershops, beauty parlors, hair dressers, dance studios, schools and repair services of any kind, customarily conducted within the principal building by a resident of the premises, provided that there is no exterior storage of material or equipment, that no display of products shall be visible from the street, that not more than 25 percent of the total floor area, not to exceed 250 square feet is regularly devoted to such use and that no other person is regularly employed therein in connection with such use in an R-1, R-2 or R-3 district, and not more than one other person is regularly employed therein in connection with such use in an R-4, R-5 or R-6 district.
The practice of massage therapy conducted by a state licensed massage therapist* conducted within the principal building by a resident of the premises, provided that: 1.
There is no exterior storage of material or equipment;
2.
No display of products shall be visible from the street;
3.
Not more than 25 percent of the total floor area, not to exceed 250 square feet is regularly devoted to such use and that no other person is regularly employed therein in the R-1, R-2, R-3, R-4, R-5 and R-6 districts;
4.
The resident shall have obtained a special use permit under section 19-39 et seq., Special Use Permit;
5.
The applicant shall obtain any licenses required by the city; and
6.
Proof of a current license issued by the department of health shall be posted on the premises in a location visible to customers.
i.
Servants' quarter.
j.
A seasonal stall or stand for the sale of farm or garden products, the majority of which are grown or produced on the premises of a permitted farming use by the resident, owner or lessee thereof.
k.
Dormitory or living quarters for churches or other places of worship, educational or religious institutions, hospitals, sanitariums, and other similar permitted uses.
l.
The renting of a room to not more than two persons.
m.
Other similar accessory uses customarily incidental to a permitted use, except that the storage of pallets in commercial form shall not be permitted in residential areas.
n.
Portable storage containers* may be placed in a residential district for up to 30 calendar days. The building official may permit the placement of a portable storage container for more than 30 days provided that the property owner has a valid building permit for construction, reconstruction, alteration or remodeling of the structure or due to extenuating circumstances such as hurricane, fire or flood. A portable storage container* may not be used as an accessory structure to a principal use and further shall not be permitted for use as a detached permanent storage building, utility building workshop, hobby shop and other similar purposes.
(2)
Open space district:
a.
Single-family dwelling for a caretaker or other personnel required to reside on the premises for the protection or maintenance of a permitted use.
b.
Seasonal stall or stand for the sale of farm or garden products, the majority of which are grown or produced on the premises by the resident owner or lessee thereof.
c.
Dormitory or living quarters for educational or religious institutions, hospitals, sanitariums, and other similar permitted uses.
d.
Other accessory uses customarily incidental to a permitted use.
(3)
Commercial district:
a.
Single-family dwelling for a caretaker or other personnel required to reside on the premises for the protection or maintenance of a permitted use.
b.
Dormitory or living quarters for educational or religious institutions, hospitals, sanitariums, and other similar permitted uses.
c.
Other accessory uses customarily incidental to a permitted use.
d.
Off-street parking, as regulated by division 11 of this article and off-street loading and unloading as regulated by sections 19-285 through 19-290.
e.
Amusement game machines, in conjunction with a permitted business use, according to section 19-98, provided such use is beyond 500 feet from the property boundary of any school, church, other place of worship or religious institution, or public recreation area. No amusement game machine, as defined by this chapter, shall be allowed to operate without the issuance of a proper license by the city council.
(4)
Industrial district:
a.
Single-family dwelling for a caretaker or other personnel required to reside on the premises for the protection or maintenance of a permitted use.
b.
Seasonal stall or stand for the sale of farm or garden products, the majority of which are grown or produced on the premises by the resident owner or lessee thereof.
c.
Other accessory uses customarily incidental to a permitted use.
d.
Off-street parking, as regulated by division 11 of this article and off-street loading and unloading as regulated by sections 19-285 through 19-290.
e.
Employees services located on the same premises as the principal use and which are clearly incidental to and limited to the employees of the principal use.
(5)
Business/technology floating zone district:
a.
Accessory uses customarily incidental to a permitted use.
b.
Off-street parking as regulated by division 11 of this article, and off-street loading and unloading as regulated by sections 19-285 through 19-290.
c.
Employee services located on the same premises as the principal use and which are clearly incidental to and limited to the employees of the principal use, and further which meet the requirements of section 19-364 relating to the definition of a business/technology development. Such services shall be limited to the ground floor only, shall not exceed a maximum of 1,000 square feet per structure housing a principal use and further in aggregate shall not exceed a total of five percent of the gross floor area of the total development. Employee services may include the following: dry cleaning services (drop-off and pick-up only with no processing on-site); convenience kiosk (for items such as newspapers, prepackaged food and beverages and coffee); automatic teller machine; coffee/donut satellite business or kiosk (with no baking on-site).
d.
Licensed child day care centers for children of employees of the businesses in the business/technology district.
(Rev. Ords. 1987, § 19-171; Ch. 457, § VI, 10-7-97; Ch. 146, § VIII, 10-23-00; Ch. 470A, § VI, 10-7-08; Ch. 489A, § III, 10-6-09; Ch. 944, § I(Att.), 9-2-25)
Sec. 19-172. - Emergency shelters.#
(a)
Emergency shelters shall be permitted as an accessory use in any district, subject to the setback, yard and lot building coverage requirements of the district. In addition, an emergency shelter may be used for any principal or accessory use permitted in the district except for habitation by persons other than occupants of the principal dwelling. Structures or portions of buildings to be used as emergency shelters shall meet the requirements of the building code and standards issued by the department of civil defense, office of civil defense mobilization, and shall be approved by the city director of civil defense.
(b)
Other provisions of this chapter notwithstanding, underground shelters or those not exceeding three feet above grade, or subterranean portions thereof, may exceed the side and rear minimum setback dimensions and lot building coverage requirements of the district and may be placed without restriction on location in relation to the principal building or structure or other accessory structures.
(c)
When it is established that an emergency shelter would not be permitted under the foregoing provisions owing to topographic condition, the location and coverage upon the lot of existing structures or other characteristics peculiar to the site, the zoning board of review, in consultation with the director of civil defense, may grant the following exceptions:
(1)
An aboveground structure may be located anywhere in a side or rear yard, provided that an underground type shelter is not feasible. Whenever it is considered desirable, the zoning board of review may require that such shelters be attached and constructed to a height conforming to the principal structure.
(2)
An underground shelter or one not exceeding three feet above grade may be located in the front yard.
(d)
In granting these exceptions, the zoning board of review may impose whatever conditions it may find desirable to control the appearance in relation to the street and the effect on surrounding property.
(e)
Subject to approval of the city director of civil defense, the zoning board of review may permit the construction of a common shelter by two or more property owners across two or more property lines. All side and rear yard requirements may be waived except where an abutting property is not included in the joint proposal. The board shall require the execution of an agreement between all property owners involved concerning rights and obligations of taxation, access and maintenance.
(f)
Subject to approval of the city director of civil defense, the zoning board of review may permit a privately owned group or neighborhood shelter as a principal use in any district.
(Rev. Ords. 1987, § 19-172)
Sec. 19-173. - Helicopter landing areas.#
(a)
General requirements. Notwithstanding any other provisions of this chapter, the following criteria shall apply to all helistops in order to assure public safety:
(1)
Helistops shall be located only in those districts as allowed by special use permit in section 19-98;
(2)
No helistop shall be established or operated in the city until all applicable federal and state rules, regulations, requirements and permits are obtained and complied with;
(3)
No helistop shall be established or operated in the city until all permits or fees as required by this chapter and the provisions of all other ordinances of the city and all other requirements are complied with;
(4)
All helistop landing areas shall be located at ground level and shall not be permitted on roof tops, buildings or other elevated structures;
(5)
The landing and taking off of helicopters at helistops shall be permitted only during daylight hours between sunrise and sunset;
(6)
For the administration and enforcement of this section and the location, design and layout of helistops, the publication Heliport Design Guide AC 150/5390-1A by the Federal Aviation Administration, U.S. Department of Transportation dated November, 1969 or its latest equivalent, shall be used for standards and reference;
(7)
A detailed site plan shall be submitted with all applications showing the size, location and other pertinent information of the touchdown, landing and peripheral area, types and location of constructed facilities, paving markings and location of safety equipment, parking layout, fencing and landscaping and all other facilities as required or provided. Additionally, a plot plan shall be submitted showing the helicopter landing facility with two clearance planes (approach and departure paths and side slopes) in relation to all physical features of the land including development thereon for a radius of at least 500 feet from the landing area.
(b)
Approach, location and area requirements. Approach, location and area requirements shall be as follows:
(1)
Approach and departure paths shall be selected to provide the most advantageous lines of flight to and from the landing and touchdown area and to minimize the adverse effects of excessive noise on residential areas, schools, churches, religious institutions and similar public and semi-public facilities.
(2)
Every helistop shall be so located and used so as to provide at least two approach paths oriented as much as possible into the prevailing wind, at least 90 degrees apart, and clear of obstructions above an imaginary plane having a slope of eight feet horizontally to one foot vertically (8:1) flaring uniformly from the width of the landing area to a width of 500 feet at 4,000 feet from the landing area. If necessary, a curved approach may be used, however, it shall have a turning radius of not less than 700 feet.
(3)
There shall be no obstructions adjacent to the landing area and the approach and departure paths above an imaginary plane (side slope) having a slope of two feet horizontally to one foot vertically (2:1) from the centerline of the approach and departure paths to a distance of 250 feet.
(4)
The dimension of the touchdown area shall be equal to rotor dimensions of the largest helicopter anticipated to use the landing facility but in any instance not less than 20 feet by 20 feet.
(5)
The width and length dimensions of the landing area including the touchdown area shall be at least 1.50 times the overall length of the largest helicopter anticipated to use the landing facility but in any instance not less than 50 feet by 50 feet.
(6)
A peripheral clear area of at least ten feet shall be provided around the landing area for safety purposes.
(7)
Helistops shall not be located any nearer than 200 feet to any adjacent residential zone boundary line.
(c)
Improvement requirements. Improvement requirements for helicopter landing areas shall be as follows:
(1)
All helicopter land pads, touchdown and landing areas shall be paved with dust-proof material and all pathways, driveways, parking areas and other similar associated facilities shall be paved.
(2)
The peripheral area shall be surrounded by a fence or wall at least four feet in height and constructed in such a manner as to deflect the horizontal wind velocities caused by the rotation of the helicopter rotor blades.
(3)
Landing markers and a wind indicating device shall be provided and be in conformance with any applicable state regulation and federal recommendation.
(4)
At least one fire extinguisher shall be provided at helistops and an approved means of emergency communications such as telephone, fire alarm box or other signaling device may be required. All fire protection devices, equipment and the location thereof shall be subject to the approval of the fire prevention officer of the city fire department and he may impose such other safety requirements as deemed necessary.
(Rev. Ords. 1987, § 19-173; Ch. 914, § I(Att.), 12-19-23)
Sec. 19-174. - Transit shelters.#
(a)
Permits required. Transit shelters may be located within city or state highway rights-of-way or on adjacent properties by obtaining a city zoning and building permit, subject to the following requirements:
(1)
A transit shelter shall meet requirements of chapter 4 as it may be applicable to meeting all structural and electrical requirements in order to obtain a building permit or an electrical permit.
(2)
Permit fees will be waived for transit shelters to be erected under the authority of a public transportation agency.
(b)
Location. The location of transit shelters shall be as follows:
(1)
Transit shelters may be located within the sidewalk area of a public right-of-way, or on adjacent private property. When the transit shelter is located on private property, the private property owner shall be a signatory to the application for a building permit.
(2)
A transit shelter, as a public convenience, shall be exempt from the lot area and yard requirements of sections 19-131 through 19-142 but shall conform to the requirements of section 19-143.
(3)
In order for a zoning permit to be issued under section 19-56, the zoning officer shall determine that the following requirements are met:
a.
The transit shelter does not block or hinder access to adjacent property;
b.
The transit shelter does not substantially obstruct the visibility of commercial establishments abutting or adjacent to a street;
c.
Transit shelter placement must allow a safe, minimum, unobstructed width of three feet for pedestrian movement on the sidewalk, and when space permits, a four-foot width shall be required;
d.
An applicant for a permit shall provide a written guarantee that there will be no conflict or interference with the location or maintenance of public or private utilities or utility service to abutting property.
(c)
Liability. The city shall be indemnified against any and all liability in connection with bus shelter placement, location, maintenance, use or removal.
(d)
Maintenance. Maintenance of the transit shelter shall not be the responsibility of the city but shall be the sole responsibility of the applicant for a permit. Maintenance shall be on a routine basis with provisions for snow removal and emergency maintenance. A maintenance plan and schedule shall be submitted with the request to locate a shelter.
(e)
Cause for removal. The city reserves the right to order removal or relocation of transit shelters at the expense of the owner/applicant with no liability to the city, upon due notice for
bona fide cause. Causes shall include but not be limited to inadequate maintenance or failure to follow the approved maintenance plan and schedule, nuisance, interference with the construction, repair or maintenance of any public or private utility service or other cause determined to impair or threaten the use, safety, welfare or the rightful use of the right-of-way.
(f)
Advertising. Transit shelter advertising shall be as follows:
(1)
Transit shelter advertising shall be limited to one double faced advertising panel. The live area of each face shall not exceed 22 square feet in area, or a width of not greater than 48 inches;
(2)
If the advertising panel is illuminated, it shall be by internal illumination and shall meet the guidelines of article VII of this chapter.
(3)
Advertising shall conform to the requirements of chapter 8, article XI.
(Rev. Ords. 1987, § 19-174)
Sec. 19-175. - Open storage.#
(a)
Generally. Except in a floating zone district which is regulated by subsection (b) of this section, the following regulations shall apply to all open storage which may qualify as an accessory use or open storage of a temporary nature or duration:
(1)
The open storage shall not occur within any required front, side, or rear yard as established by the minimum setback requirements of section 19-145;
(2)
The open storage shall not exceed the maximum height limitation of the district as provided in Section 19-145;
(3)
The open storage shall be secured from unauthorized access;
(4)
The open storage shall be contained and/or covered as necessary so as to prevent its movement or transport by act of nature, including leaching into the ground. Without limiting the foregoing, materials which are subject to erosion by wind shall be protected by effective cover or other treatment, which shall be identified in the application. Materials which are subject to erosion by water or leaching shall be protected through effective control measures, which shall be identified in the application.
(5)
The open storage shall be screened from the view of adjacent residential properties and from public streets; the proposed method of screening shall be noted in the application and on the plans;
(6)
The open storage of anything that can be moved or damaged by water, or which is wholly or partly soluble in water shall be prohibited within floodways, special flood hazard areas, or V zones, as provided in division 12, flood hazard areas, section 19-306 et. seq.;
(7)
The open storage shall only be allowed where the findings required in section 19-39 are met;
(8)
Open storage shall conform in all respects to the standards set forth in division 14, industrial processes, of this article.
(9)
A special use permit granted for open storage shall be limited to the specific type and quantity of commodity, equipment, supplies, material(s), and substance(s), and the manner of storage of such items, as specified on the special use permit application and shall not be deemed permissive of any other type of open storage activity. A change in open storage activity from that previously granted through a special use permit shall require a new special use permit petition to the zoning board of review.
(10)
Petitions for special use permit for open storage shall meet the application requirements for a special use permit and shall additionally include the following:
a.
A specific listing of the commodity, equipment, supplies, material(s), or substance(s) for which the open storage special use permit is being requested, which shall include the specific type and specific quantity of commodity, equipment, supplies, material(s) or substance(s), and the manner in which such items shall be stored;
b.
A site plan which shall specifically identify and show the location of the proposed open storage on the parcel which is the subject of the special use permit.
c.
Fire plan. A fire plan, subject to the review and approval of the fire chief, shall be part of the application and, at a minimum, shall address the following: proximity of fire hydrants to the open storage; accessibility and access for emergency vehicles; the chemical nature and qualities of the material(s) to be stored and a statement as to their combustibility; flammability; and/or explosive or corrosive qualities; and any potential threats to public safety, health and welfare.
(Rev. Ords. 1987, § 19-175; Ch. 146, § IX, 10-23-00; Ch. 453, § VIII, 7-15-08)
Sec. 19-176. - Purpose - Large-scale, ground-mounted solar photovoltaic facility.#
1.
The purpose of this section is to promote the development of large-scale solar photovoltaic facilities (SPF) to promote sustainable renewable energy options through the use of such equipment as solar photovoltaic cells and potentially the use of said facility as an educational opportunity regarding green technology and renewable energy. This section applies to large-scale ground-mounted solar photovoltaic installations proposed to be constructed after the effective date of this section.
2.
A large-scale, solar photovoltaic facility shall be a permitted accessory use on portions of the property owned by the City of East Providence, known as the former Forbes Street Landfill, Parcel 001, Block 1, Assessors Map 511, zoned Open Space - 1, subject to review and approval by the planning board as a land development project (LDP).
3.
The construction and operation of all large-scale solar photovoltaic installations shall be reviewed in accordance with the procedures and standards of Article V. Land Development Projects. The land proposed for the SPF is owned by the City of East Providence and an SPF shall not be approved unless the applicant(s) has/have executed a contingent sale (based on an SPF being approved) or an executed long-term lease (ten (10) years or more) for all the property composing the proposed SPF. The Board shall impose any reasonable conditions they find appropriate to improve the site design. The underlying zoning of the site shall stay in effect. In addition, electrical, plumbing and/or building permits from the Building Division shall be required.
4.
Preapplication conference: The applicant shall have at least one preapplication conference with the director of the department of planning. The planning director, as administrative officer, may invite the director of public works, city engineer, fire chief, building official, zoning officer, and any other party deemed to be appropriate to the preapplication review.
(Ch. 533, § III, 9-6-11)
Sec. 19-177. - General requirements and standards.#
1.
Consistency with the comprehensive plan. The proposed large scale solar photovoltaic facility shall further the implementation of the City's adopted comprehensive plan and a finding of consistency with said document shall be required.
2.
Front, rear and side yard building setback regulations. SPFs shall meet all required setbacks from all property lines which form the perimeter of the site and any interior access driveways and rights-of-ways shall be platted on the site plan and their material for construction, right-of-way width, and paved width, shall be shown on the required plans.
3.
Operation and maintenance requirements for the SPF. The property shall be maintained by the owner(s) of the property and/or the operators of in such a way that the property shall be cleared of debris, weeds, trash etc. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. The equipment shall remain in good repair and working order; malfunctioning, equipment in disrepair or inoperable equipment shall be removed from the property immediately and disposed of in accordance with all applicable local, state and federal regulations.
4.
Compliance with laws. The construction and operation of a ground-mounted solar photovoltaic facility shall comply with all applicable local, state, and federal requirements, including, but not limited to, all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of or associated with a ground-mounted solar photovoltaic facility shall be constructed in accordance with the state building code.
5.
A sign at the facility shall be required to identify the name of the owner and operator of the facility and provide a 24-hour emergency contact phone number. The facility shall not be used for displaying any advertising except for reasonable identification of the operator of the facility. And any such signs shall meet the city's zoning regulations.
6.
No large-scale solar photovoltaic installation shall be constructed, installed or modified as provided in this section without first obtaining a building permit. This requirement shall not interfere with national grid requirements on net metering.
(Ch. 533, § III, 9-6-11)
Sec. 19-178. - Large-scale, ground-mounted solar photovoltaic facility - standards.#
(a)
The maximum height of a ground-mounted solar energy panels shall be 15 feet. The height of a ground-mounted solar energy system shall be measured from the ground level or the base of the system's pedestal to the highest point of the solar energy system or the base of the system's pedestal.
(b)
Ground-mounted solar energy systems shall conform to the yard requirements of the applicable zoning district or be setback a distance equal to the total height of a panel, whichever is greater.
(c)
Electrical wiring and connections from the solar energy system to any building(s) they serve shall be underground to the extent compatible with the topography and site conditions, unless the electrical lines must come aboveground at their termination point to connect to the building or utility line receiving the solar-generated electricity.
(d)
Electrical, plumbing, and/or building permits from the building official, following LDP approval from the planning board, shall be required.
(e)
Any and all construction shall comply with the yard and height requirements of the zoning district in which the parcel is located, Open Space - 1.
(f)
Parking and aisle width requirements. The applicant shall demonstrate that adequate access, parking, driveway and access aisle widths and circulation are provided for service and emergency vehicles as determined by the board in consultation with the fire chief.
(g)
Drainage. Erosion and sedimentation control shall conform to the Rhode Island Department of Environmental Management Stormwater Design Manual and all applicable regulations of the City of East Providence.
(h)
Landscaping. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the large-scale ground-mounted, solar photovoltaic field or as otherwise prescribed by applicable laws, regulations, and by-laws.
(i)
Reasonable efforts, as determined by the board, shall be made to place all utility connections from the SPF underground, depending upon appropriate soil conditions, shape, topography of the site, sub-surface conditions, and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.
(j)
Lighting of a ground-mounted solar photovoltaic facility shall be consistent with local, state, and federal law. Lighting of other parts of the facility, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the facility shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.
(k)
Main access. At the main entrance to the facility, the property shall be secured from unauthorized access subject to the review and acceptance of the planning board and concurrence of the director of public works and the fire chief as it relates to the provision of emergency services.
(Ch. 533, § III, 9-6-11)
Sec. 19-179. - Large-scale, solar photovoltaic land development project review.#
1.
LDP application form signed by both the City of East Providence and an authorized representative of the proposed operator(s) of the facility, an executed ground lease for the location of the facility on portions of the city's former Forbes Street landfill, and a description of the financial surety that satisfies Sec. 19-280. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Rhode Island.
2.
Site plan. The applicant shall submit a site plan containing the following information:
(a)
The boundaries of the property and the area, including dimensions and square footage of the total installation and number of arrays, showing where the solar arrays are proposed to be installed;
(b)
Geotechnical feasibility study relating to possible landfill settlement post-installation;
(c)
One or three line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices;
(d)
Location and dimensions of proposed parking areas, roads, and other site improvements;
(e)
Existing and proposed grading, clearing and/or placement of vegetation;
(f)
Location of existing and proposed electric lines;
(g)
Location and perimeters of existing and proposed easements;
(h)
Location of all underground utilities, water and sewer lines;
(i)
The construction schedule and any phasing schedule for development of the SPF.
(j)
The large-scale solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the city's fire chief. Upon request the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.
[3.]
Proof of liability insurance.
4.
Operation and Maintenance Plan. The applicant shall submit a plan for the operation and maintenance of the large scale solar photovoltaic facility, which shall include measures for maintaining safe access to the facility, stormwater control, as well as general procedures for operational maintenance of the facility. Maintenance shall include, but be not limited to, painting, structural repairs, and integrity of security measures.
5.
Additional materials. The applicant shall submit additional information, reports or other information required by the planning board to make an informed decision.
6.
Utility notification. No large-scale ground mounted photovoltaic facility shall be constructed until evidence has been given to the board that the utility company that operates the electrical grid where the facility is to be located has been informed of the solar photovoltaic facility owner or operator's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
(Ch. 533, § III, 9-6-11)
Sec. 19-180. - Abandonment and decommissioning.#
1.
Removal requirements. Any large-scale ground-mounted SPF which has reached the end of its useful life or has been abandoned consistent with other provisions of Chapter 19, Zoning, shall be removed. The owner or operator shall physically remove the facility no more than 180 days after the date of discontinued operations. The owner or operator shall notify the Board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:
(a)
Physical removal of all large-scale ground-mounted SPF's, structures, equipment, security barriers and transmission lines from the site.
(b)
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
(c)
Stabilization or re-vegetation of the site as necessary to minimize erosion. The board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
2.
Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the SPF shall be considered abandoned when it fails to operate for more than one year without the written consent of the city council and planning board as it relates to the land development project approval. If the owner or operator of the large-scale ground-mounted SPF fails to remove the facility in accordance with the requirements of this section within 180 days of abandonment or the proposed date of decommissioning, the city may physically remove the facility.
3.
Financial surety. Applicants proposing to develop large-scale ground-mounted solar photovoltaic projects shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the city must remove the facility and restore the landscape, in an amount and form determined to be reasonable by the board (and subject to the review of the city solicitor), as agreed to and detailed in the site lease agreements. As part of the review for the lease agreements, the applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation. Such surety will not be required for municipally or state-owned facilities.
(Ch. 533, § III, 9-6-11)
Sec. 19-181. - Accessory dwelling units (ADUs).#
(a)
Description. This section regulates the establishment of accessory dwelling units as allowed by G.L. 1956, § 45-24-37 and this chapter.
(b)
General requirements and standards.
(1)
An ADU is a permitted accessory use on the same lot where the principal use is a legally established residential use. Only one accessory dwelling unit shall be created on a lot.
(2)
A minimum lot size of 5,000 square feet is required for either the construction of a detached ADU or the expansion of the footprint of an existing structure to accommodate an ADU.
(3)
The ADU shall be no larger than two bedrooms:
a.
A two bedroom ADU shall be no larger than 1,200 square feet, or 60 percent of the floor area of the principal dwelling, whichever is less.
b.
A studio or one bedroom ADU of at least 900 square feet, or 60 percent of the floor area of the principal dwelling, whichever is less.
(4)
The design and size of the accessory dwelling unit shall conform to all applicable standards, including health regulations, building code requirements, and all other federal, state and local laws, rules and regulations, including the provisions of this chapter.
(5)
The utilities for both the principal unit and the accessory dwelling unit shall be common to both (i.e., one electric service, one gas service, one oil tank, one water connection, and one sewer hook-up).
(6)
One additional off-street parking space shall be provided for any accessory dwelling unit that is greater than one bedroom in size, or that is located on a property that does not meet at least 50 percent of the minimum required parking standard for the existing use(s). All such required parking shall be provided on the premises.
(Ch. 944, § I(Att.), 9-2-25)