2400.1
The purpose of the Town Center Overlay District is to establish and maintain a zoning district of mixed uses characterized by architectural and design standards consistent with traditional New England town centers, with wide sidewalks; small-scale, pedestrian-friendly stores; storefront windows allowing window shopping; walkways, bicycle paths, and streets with angled on-street parking; off-street parking dispersed into small, landscaped lots located to the rear of buildings; and trees, foliage and grassy areas interspersed among buildings.
2400.2
The Town Center Overlay District is an overlay zoning district as defined in the Rhode Island General Laws, ß 45-24-31(50). It consists of seven Development Parcels, one Open Space Parcel, and a Peripheral Area, all as defined in Section 2401.
2400.3
The Town Center Overlay District is located generally in the commercial center of the Town near the intersection of West Main Road and East Main Road and the intersection of East Main Road and Valley Road. The boundaries of the district and of all Development Parcels, the Open Space Parcel, and the Peripheral Area are shown on the Town of Middletown Official Zoning Map. (back to top)
Alteration: Exterior changes to existing structures in terms of materials, size, site features (as defined in section2404.2 subsection c-9).
Building line: The maximum front setback allowed by this article or the average of the actual setbacks of the principal building on each contiguous lot fronting on the same street, whichever is less.
Demolition: An intentional act or process that destroys a structure entirely or in substantial part. For purposes of this definition, ìsubstantial partî means any of the following: (a) destruction of greater than fifty percent of the physical structure; (2) loss of more than fifty percent of the structureís market value; or (3) the reasonable cost of rebuilding or repairing the structure exceeds fifty percent of its market value.
Development: The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure, any mining, excavation, landfill or land disturbance; or any change in use, or alteration or extension of the use, of land. However, for purposes of this article, development does not include (1) single-family residential uses, except for demolition of existing single-family houses; (2) routine landscaping or building maintenance; or (3) repairs or other work necessary to protect life or property in the event of fire, natural disaster, or other emergency. Except on lots containing only residential uses, development shall include:
(a) any material change in existing walls, fences, driveways or parking areas, or construction of new walls, fences, driveways or parking areas, if such change or construction is subject to view from a public right-of-way within the district.
(b) any addition, removal, or material change of any type of lighting if subject to view from a public right-of-way within the district.
Development Parcel 1: That portion of the Town Center Overlay District bounded on the west by West Main Road, on the north by East Main Road, on the east in part by Development Parcel 2 and in part by High Street, and on the south by lots fronting on Elmwood Avenue; consisting of the following lots: Plat 107SE, Lot 105; Plat 108, Lots 130, 131, 555, and the portion of Lot 4 bounded on the west by West Main Road and Lot 131, on the north by Lots 130 and 555, on the east by High Street, and on the south by Lot 131 and lots fronting on Elmwood Avenue.
Development Parcel 2: That portion of the Town Center Overlay District bounded on the west by Plat 107SE, Lot 105 and a portion of Plat 108, Lot 4, on the north by East Main Road, on the east by Bailey Brook, and on the south by O'Neil Boulevard; consisting of the following lots: Plat 107SE, Lots 106 and 107C.
Development Parcel 3: That portion of the Town Center Overlay District bounded on the west by High Street, on the north in part by Development Parcel 2 and in part by the Open Space Parcel, on the east in part by the Open Space Parcel and in part by Bailey Brook, and on the south in part by Adelaide Avenue and in part by lots fronting on Miantonomi Avenue; consisting of Plat 108 Lot 1.
Development Parcel 4: That portion of the Town Center Overlay District bounded on the west by Bailey Brook, on the north by East Main Road, on the east by lots fronting on Valley Road, and on the south by O'Neil Boulevard; consisting of the following lots: Plat 107SE, Lot 401 and that portion of Lot 107 not included in Development Parcel 5.
Development Parcel 5: That portion of the Town Center Overlay District bounded on the west by the Open Space Parcel, on the north in part by Development Parcel 4 and in part by Development Parcel 6, on the east by Valley Road, and on the south by the Open Space Parcel; consisting of that portion of Plat 107SE, Lot 107, bounded on the west by Bailey Brook, on the north by OíNeil Boulevard, on the east by Valley Road, and on the south by the Open Space Parcel.
Development Parcel 6: That portion of the Town Center Overlay District bounded on the west by Development Parcel 4, on the north by East Main Road, on the east by Valley Road, and on the south by O'Neil Boulevard; consisting of the following lots: Plat 107SE, Lots 250, 251, 252, and 253.
Floor area ratio: The proportion of gross square footage in a building to land area. For example, a floor area ratio of 1.0 would allow either full coverage (100%) of the site with a single-story building, or a two-story building that covers only 50% of the site.
Large scale development: A development of new and/or existing buildings on one or more contiguous lots with a combined size of at least 43,000 square feet.
Liner shop: A store or other retail establishment of one or two stories contiguous to or aligned with the streetside facade of a significantly larger store, as one unit of a row of contiguous stores or shops fronting on a sidewalk.
Open Space Parcel: That portion of the Town Center Overlay District bounded on the west by Development Parcel 3, on the north in part by Development Parcel 2 and in part by Development Parcel 5, on the east by Valley Road, and on the south in part by Plat 108, Lot 4, and in part by lots fronting on Haymaker Road; consisting of Plat 108, Lots 553 and 554.
Peripheral Area: All land in the Town Center Overlay District except the Development Parcels and the Open Space Parcel. (back to top)
2402.1 - Establishment
The Middletown Planning Board is hereby established as the Town Center Review Board for the Town Center Overlay District, pursuant to the Rhode Island General Laws, ß45-24-49.
2402.2 - Duties and Powers
(a) The Planning Board shall review all development and demolition in the Town Center Overlay District pursuant to the procedures, requirements, and standards of this article.
(b) With respect to applications involving only uses that are permitted by right under the zoning ordinance, the Planning Board shall approve or disapprove the application based solely upon specific and objective requirements and standards of this article.
(c) With respect to applications involving uses that require a special-use permit, a variance, a zoning ordinance amendment, and/or a zoning map change, the planning Board shall first review the application and accompanying plans for compliance with this article and shall vote to either disapprove or conditionally approve the application. If the application is conditionally approved, the Planning Board shall forward the application to the Zoning Board of Review or the Town Council, as appropriate, accompanied by a written opinion recommending approval, approval with conditions, or disapproval of the request for zoning relief, together with the reasons for such recommendation. After the Zoning Board of Review or Town Council has acted on the request for relief, the application shall be returned to the Planning Board for final approval or disapproval, including approval or disapproval of any uses permitted by right based solely upon specific and objective requirements and standards of this article.
(d) The Planning Board may grant waivers from design standards or requirements of this article but not from zoning standards or requirements for which relief must be obtained from the Zoning Board of Review. A waiver may be granted by the Board only if consistent with the purposes of this article.
(e) To assist in its review of applications for development or demolition within the Town Center Overlay District, the Planning Board may request comments from other agencies and officials of the Town.
(f) The Planning Board may provide advice and assistance to property owners and to the Town on design and planning issues within the Town Center Overlay District, under written procedures adopted by the Board and made available to the public. Such procedures may include informal means of communication such as telephone calls, e- mail, fax transmissions, and meetings with less than the full Board, provided that no decisions or commitments are made by Board members on issues that require a public hearing.
(g) The Planning Board may advise the Town on zoning enforcement in the Town Center Overlay District.
(h) The Planning Board shall adopt and make available to the public written rules prescribing its procedures for applications, submissions of plans and other documents, and hearings pursuant to this article. Such procedures shall be consistent with those required by the Rhode Island Open Meetings Law and other relevant laws.
(i) The Planning Board may, from time to time, issue publications describing design guidelines that further the purposes of this article.
(j) The Planning Board shall have the right to retain the services of professional help reasonably required to carry out the purposes of this article. Any expense incurred in the retention of such professional assistance shall be borne by the applicant, not to exceed one percent of the cost of the project, provided that such services are rendered solely with respect to the applicantís proposed development.
(k) All meetings of the Planning Board pursuant to this article shall be open to the public and a public record shall be kept of the Board's recommendations and decisions, including decisions on requests for waivers.
2402.3 - Membership
(a) The Middletown Planning Board, plus an ex officio non-voting member appointed by the Town Council shall serve as the Town Center Review Board. Board members other than the five serving as the review body for a particular application shall be alternate members of the review body.
(b) The ex officio non-voting member of the review body shall be a registered Rhode Island architect or landscape architect, or a person with professional training and experience in architectural design, landscape design, or municipal planning.
(c) Four voting members shall constitute a quorum at any regular or special meeting and no action shall be taken unless by the concurring vote of a majority of the members present and voting.
2402.4 - Voting
(a) Separate votes shall be taken for approval of each request for a waiver and, after disposing of waiver requests, for approval of the application itself, unless the applicant objects to a vote for approval of the application because of the denial of one or more requests for a waiver, in which case the application shall be disapproved and the applicant may appeal the disapproval to the Zoning Board of Review, as provided in Section 2403.7.
(b) The concurring vote of four members of the review body shall be necessary to approve a request for a waiver.
(c) The concurring vote of the majority of the review body shall be necessary to approve an application. (back to top)
2403.1 - Generally
In considering applications for development or demolition within the Town Center Overlay District, the Planning Board shall follow the procedures, requirements, and standards of this article.
2403.2 - Application
(a) A written application for a certificate of approval for any development or demolition within the Town Center Overlay District shall be submitted, together with a site plan or plans, maps and other required documentation, to the Town Planner, who shall forward the application and supporting documents to the Planning Board. All applications shall be on official forms published by the Board.
(b) Site plans shall identify all existing and proposed structures, landscaping, sidewalks, buffer areas, fencing, screening, drainage, utilities, parking spaces, maneuvering areas, entrances and exits. Building elevations, with exterior materials specified, shall also be provided.
(c) All applications shall be accompanied by a filing fee in an amount determined by the Town Council.
2403.3 - Forms
(a) An application form for a certificate of approval for any development in the Town Center Overlay District shall be created by the Planning Board and made available to the public on request.
(b) Application forms shall include the requirements of Section 304 of the Zoning Ordinance, to the extent applicable, and may include other requirements deemed helpful by the Planning Board.
(c) Application forms shall require applicants to specify any design standards or requirements from which a waiver is requested and to state the reasons therefore.
(d) Separate application forms may be created for different types of development, such as large-scale commercial, small-scale commercial, and multi-family residential.
(e) An application form shall also be created for any demolition within the Town Center Overlay District.
2403.4 - Notice
(a) Notice of hearings on an application for large scale development or demolition in the Town Center Overlay district shall be made to the applicant, to nearby landowners and to the general public in accordance with the requirements of Section 314 A of the Zoning Ordinance. The Planning Board shall make notice of all public meetings in accordance with Rhode Island General Laws, ß42-46-6.
(b) The Planning Board shall make notice of all public meetings in accordance with Rhode Island General Laws, ß42-46-6.
2403.5 - Hearing
(a) The Planning Board shall hold a public hearing on each application for development or demolition within the Town Center Overlay District.
(b) The Town Planner, or his designated assistant, shall attend all hearings, and shall present to the Planning Board all plans, photographs or other material the or she deems appropriate for an understanding of the application.
(c) The Planning Board shall keep written minutes of their meetings, pursuant to the Rhode Island General Laws, ß42-46-7. Minutes.
2403.6 - Decision
(a) All decisions by the Planning Board on applications for development or demolition within the Town Center Overlay District shall be in writing and shall state the reasons for the action taken, including separately-stated reasons for any waivers granted and any conditions imposed or recommended. A copy of the written decision shall be promptly mailed to the applicant and another copy shall be filed in the Middletown Planning Department files.
(b) Except by mutual consent or as provided in subsection (c), the Planning Board shall render its decision within 30 days after a completed application, with all required documentation, is submitted to the Town Planner.
(c) If the Planning Board makes a written determination within the 30-day period that a particular application requires further time for additional information and/or study, the review period shall be extended for an additional 60 days.
(d) If the Planning Board fails to render a decision within the time limits specified in this section, the application shall be deemed approved if approval is within the jurisdiction of the Board. Otherwise, the applicant may apply for the necessary approvals from the Zoning Board of Review or the Town Council without the necessity of a recommendation from the Board.
(e) Decisions containing recommendations to the Zoning Board of Review or the Town Council shall be promptly forwarded, with the record, to the appropriate body for its decision.
2403.7 - Appeal
Disapproval of an application for development or demolition within the Town Center Overlay District is appealable to the Zoning Board of Review under Article 9 of the Zoning Ordinance. (back to top)
2404.1 - Generally
(a) No development, as defined in this article, shall be commenced within the Town Center Overlay District without the prior approval or recommendation of the Planning Board pursuant to the provisions of this article.
(b) All final approvals by the Planning Board which contain one or more waivers from design standards or requirements of this article shall be recorded by the applicant in the Land Evidence Records, and no permit shall be issued until such recording is accomplished. Failure to record the approval within 30 days shall automatically render it void.
(c) All development in the Town Center Overlay District is subject to the provisions of this article in addition to all other provisions of the Zoning Ordinance. In the event of conflict between a provision of this article and any other provision of the Zoning Ordinance, the provision of this article shall prevail.
(d) The requirements and standards of this section shall apply throughout the Town Center Overlay District. Additional requirements and standards are set forth in Section 2405 and 2406 for particular Development Parcels and in Section 2407 for the Open Space Parcel.
2404.2 - Objectives and Intent (illustration of objectives and intents)
(a) To accomplish the purpose of the Town Center Overlay District, as stated in Section 2401.1 of this article, this section describes the general objectives and intent of the Town in establishing requirements and standards for development and demolition within the district. The provisions in this section are provided for guidance to the Planning Board and to all who have an interest in property within the district. Although phrased in descriptive language, these guidelines should be followed as closely as possible by the Board in interpreting and applying the requirements and standards of this article.
(b) Buildings in the Town Center Overlay District should be located close to the street and sidewalk with entries, windows, balconies, porches, and other architectural features that help to create a safe, pleasant walking environment. The architecture should be characterized by variation and human-scaled detail following the design requirements and standards listed in his article. Building placement, orientation, and massing should be planned to promote a more active, pedestrian-scaled commercial center, with ample opportunities for walking and bicycling as well as private motor vehicles and public transportation.
(c) All development in the district should be visually compatible with the immediately surrounding area, in terms of the following factors:
(1) Scale of buildings. The scale of a building depends on its overall size, its mass in relationship to the open space around it, and the sizes of its doors, windows, porches and balconies. The scale gives a building "presence," that is, it makes it seem big or small, awkward or graceful, overpowering or unimportant. The scale of a building should be visually compatible with its site and surrounding buildings or the desired pedestrian character of the district.
(2) Height. A sudden dramatic change in building height can have a jarring effect on the streetscape, i.e., the way the whole street looks. For example, a tall building can shade its neighbors or the street. The height of the building should be visually compatible with the height of the buildings nearby and generally throughout the district. Buildings fronting on the town park, however, may have towers and a vertical emphasis to create the appropriate architectural edge to the open space.
(3) Proportion of front facades. The "first impression" of a building is that of its front facade, the side of the building facing the most frequently used public way. The relationship of the width to the height of the front facade should be visually proportionate to nearby buildings which are in character with the desired pedestrian scale of the district.
(4) Relationship of facade materials. The facades of a building are what gives character and the character varies depending on the materials of which the facades are made and their textures. In Middletown, traditional architecture employs authentic materials on building facades; wooden clapboards, shingles, patterned shingles, brick, stone and cast stone, depending on the architectural style of the building. The facades of a building, particularly the front facade, should be visually compatible with these traditional building materials and with nearby buildings which are appropriate to the district and its desired pedestrian character.
(5) Relationship of solids to voids in front facades. When one looks at any facade of a building, one sees openings such as doors or windows (voids) in the wall surface (solid.) Usually the voids appear as dark areas, like holes, in the solid and are quite noticeable, setting up a pattern or rhythm. The pattern of solids and voids in the front facade of a new or altered building should be visually compatible with that of its neighbors and with the desired pedestrian main street character of the district.
(6) Proportions of openings in buildings. Windows and doors come in a variety of shapes and sizes; even rectangular window and door openings can appear quite different depending on their dimensions. The relationship of the windows and doors to their width should be visually compatible with the architectural style of the buildings and with that of its neighbors which are appropriate to the pedestrian character of the district.
(7) Roof shapes. A roof can have a dramatic effect on the appearance of a building. The shape and proportion of the roof should be visually compatible with the architectural style of the building and with those of neighboring buildings which are appropriate to the district and its desired pedestrian character.
(8) Relationship of spaces to buildings. The building itself is not the only thing one see when one looks at it; one is also aware of the space around the building. Looking along a street, the building and open spaces set up a rhythm. The rhythm of spaces to buildings should be considered when determining visual compatibility, whether it is between buildings or between a building and the street.
(9) Site features. The size, placement and materials of walls, fences, signs, driveways and parking areas may have a visual impact on a building. These features should be visually compatible with the building and neighboring buildings.
2404.3 - Dimensional Requirements
Building size. No building in a large scale development shall exceed 8,000 square feet in footprint area, except that a larger sized building may be constructed if (1) the facade on any side exceeding 40 feet is interrupted with wings or other salient architectural features to scale down building mass, or (2) if the street-side facade on any side of the building does not exceed 40 feet and contiguous to the portion of the building fronting on the street are liner shops extending the length of the building. The intent of this provision is to locate smaller scaled buildings next to the primary building in such a way as to create a main street and pedestrian-scaled appearance. Large individual structures or boxes set back on a large expanse of asphalt parking are prohibited. (back to top)
2404.4 - Design Requirements
(a) Primary ground floor entrances to multi-family residential buildings must orient to streets, not to interior blocks or parking lots.
(b) Primary ground-floor entrances to commercial buildings must orient to streets, interior pedestrian plazas, or to the Open Space Parcel or other designated open space, but no to interior service blocks or parking lots.
(c) Building facades must contain street level windows and main entrances from the sidewalk. The street side facade of a building shall not consist of an unarticulated blank wall or an unbroken series of garage doors.
(d) Architectural elements such as arcades, porches, bays, windows, balconies, dormers and cupolas shall be in reasonable proportion to the overall building. Exaggerated or excessively large or small architectural elements shall be avoided.
(e) The exterior of new buildings and additions or alterations to existing buildings must be of building materials traditionally used in New England, such as wood shingles or clapboards, or of other materials closely resembling traditional building materials. These materials can be used to sheath fireproof construction materials.
(f) New buildings and additions or alterations to existing buildings must have a traditional roof form such as gambrel, gable, or hip. Flat roofs are allowable, provided the building is capped with a projecting cornice and parapet reasonably proportional to the building's mass and scale. The parapet shall screen all mechanical devices located on the roof from view from the street. Pitched roofs shall have a pitch of greater than 8/10. Towers and cupolas reasonably proportional to the buildingís mass and scale are also allowed.
(g) Exterior lighting shall be designed to minimize impact on neighboring properties and night sky pollution. Fixtures illuminating building facades shall be shielded and directed toward the building.
(h) Air conditioning and ventilation units, security devices, and other service equipment shall be located to minimize their visibility to the public.
(i) All utility lines shall be underground.
(j) The location and design of all development on a lot shall permit easy and safe access of fire, police, and other emergency vehicles. (back to top)
2404.5 - Signs
(a) The intent of sign regulation in this district is to ensure visual compatibility with the scale and character of the surrounding architecture. The size, location, design, lighting and materials of all exterior signs and outdoor advertising structures should be compatible with the design of the proposed building(s) and structure(s) and surrounding properties.
(b) In development parcels 1-6 no sign shall be located within the 10-foot setback area.
(c) Multi-use projects shall have a uniform signage design. No more than three (3) types of signs may be displayed per building, regardless of the number of occupancies. For example, a building may have freestanding, awning, and window signs, or wall, window and awning signs.
(d) In multi-use projects each occupant of a building may display one (1) sign.
(e) Wall-mounted signs identifying commercial establishments shall be placed within an information band immediately above the ground-floor storefront windows. The height of the information band is limited to the vertical distance separating windows on the ground and the second floors, or two (2) feet, whichever is lesser.
(f) The total area of all signs for single business shall not exceed eight-tenths of a square foot (.8) for each linear foot of storefront.
(g) All signs shall be made of wood or metal. If plywood is to be used, it must have smooth and weather resistant surfaces, such as those obtained with medium-density overlay (MDO) board.
(h) Plastic or interior lighted signs are prohibited.
2404.5.1 - Administrative Sign Review and Approval
Any applicant requesting approval for signage within the Town Center Overlay District shall submit to the Zoning Officer all materials required by Article 12, Section 1207, Subsection A of the Middletown Zoning Ordinance. The zoning officer shall seek recommendation and approval of sign design on all proposed signs prior to issuance of permit. It shall be the determination of the Town Planner if the proposed sigh requires review by the Town Center Design Review Committee.
2404.6 - Streets and Sidewalks
(a) Streets. Interior streets constructed as part of a development project must be between 16 and 20 feet wide, unless diagonal parking is provided, in which case the street shall be 20 feet wide plus the width required for diagonal parking.
(b) Sidewalks. Sidewalks must be provided on both sides of all streets, including streets with diagonal parking, and must provide an unobstructed path at least 5 feet wide.
(c) Curb cuts. In development projects involving the reuse of existing buildings and parking areas, the Planning Board may require the consolidation of existing curb cuts into a smaller number of clearly defined entrances. If such buildings are set back from the roadway, the Board may require a reconfiguration of the parking to accommodate these standards with redefined interior streets to create defined traffic flow and pedestrian circulation.
(d) Vehicular Access. The proposed site layout shall provide for safe access to and from public and private roads by providing adequate location, numbers an control of access points, including turning lanes and traffic signals when required by existing and projected traffic flow on the municipal road systems. Emergency vehicle access must be provided to all buildings and structures on the site at all times. The applicant may be required to provide a traffic impact report prepared by a certified traffic planner or engineer if in the opinion of the Planning Board the proposed development fronts on a street with a history of traffic accidents if or for other reasons, such as inadequate sight distance, it presents safety concerns. (back to top)
2404.7 - Parking and Traffic Circulation (photo example of parking/traffic circulation)
(a) Parking lots shall be protected with suitable guards, rails, islands, crosswalks, speed bumps, and similar devices deemed necessary for safety by the Planning Board.
(b) Use of a public street to maneuver in and out of a parking space located on private property is prohibited, and plans for on-premises parking that require or allow such maneuvering shall not be approved.
(c) Parking lots shall be limited in size to accommodate not more than 40 cars. Parking for projects requiring a greater number of parking spaces shall be broken up into smaller lots, each lot accommodating not more than 40 cars and directly connecting with the other lots. Adjacent parking lots must be buffered from each other with landscaping, including trees and shrubs.
(d) Landscaping standards for parking lot:
(1) Parking lots containing 10 or more spaces shall be planted with at least one tree for every five spaces. Trees shall be evenly distributed on the periphery of lots or within the lot.
(2) Trees in parking lots shall be no smaller than 3 inches in diameter and at least seven feet in height at the time of planting and shall be of a species characterized by hardiness within the area.
(3) Each tree in a parking lot shall be surrounded by at least 25 square feet of permeable unpaved area.
(4) To the extent practicable, existing trees shall be retained and used to satisfy the provisions of this subsection.
(e) Traffic Circulation.The layout and design of all means of vehicular, bicycle, and pedestrian circulation, including walkways, interior drives, and parking areas, shall provide for
(1) safe general interior circulation,
(2) separation of pedestrian and vehicular traffic,
(3) service traffic and loading areas, and
(4) arrangement and use of parking areas in accordance with this subsection.
2404.8 - Landscaping
(a) Intent. The design of the landscaping, including plantings, should define, soften, or screen the appearance of the off-road parking areas from the public right-of-way and abutting properties and/or structure in order to enhance the design or building(s) or site, and to minimize the encroachment of the proposed use on neighboring land uses. The species and planting techniques for street-side trees should create a unified image for the street, provide an effective canopy, avoid sidewalk damage, and minimize water consumption.
(b) Existing trees and vegetation shall be preserved to the maximum extent reasonably possible.
(c) Buffering elements in the form of plantings, walls, screens, and other designed or natural features that provide a logical transition to adjoining existing or permitted uses shall be provided.
(d) Scenic views and historically significant landscape features, such as stone walls, picket fences and metal fences, and large trees shall be preserved to the maximum extent reasonably possible.
(e) Developments involving new construction must include the planting of deciduous "street trees" along the street boundary. Projects that include one or more private streets must include street-side shade trees spaced no further than 30 feet on center in planter strips or tree wells located between the curb and sidewalk.
(f) New plantings and landscaping shall use plant material of species hardy to the area. (back to top)
2404.9 - Storm-Water Run-Off, Erosion Control, and Pollution
(a) Development design shall include storm-water run-off provisions that maximize on-site absorption and minimize discharge of surface waters from the site. Surface water discharged from the site must not adversely affect neighboring properties, downstream water quality, adjoining streets or the storm drainage system.
(b) Erosion and sedimentation shall be controlled so that neighboring property and public facilities or services are not adversely affected either during or after construction. All erosion control shall meet the standards of the Town of Middletown and the Rhode Island Erosion and Sediment Control Handbook.
(c) Direct discharge of untreated storm-water run-off to a wetland or watercourse from impervious surfaces, including roadways, parking lots, driveways, basement drainage systems, and roofs is prohibited.
(d) All development storm-water control shall meet the standards of the Rhode Island Stormwater Design and Installation Standards Manual and be of non-structural character to the maximum extent reasonably possible.
(e) Water Pollution. Projects shall be designed to prevent the pollution of water resources. In reviewing plans for compliance with this requirement, the Planning Board shall consider the project area, including the elevation of the land and its relation to the flood plains; the relationship of the property or site to Bailey Brook; the nature of soils and subsoils and their ability to adequately support waste disposal and other DEM-approved discharge; the slope of the land and its effect on effluents; wellhead protection and recharge areas; the availability of streams for surface run-off; and the applicable federal, state and local statues, ordinances and regulations, including best management practices (BMPS) for non-point source pollution.
(f) Development of the site shall not reduce the ambient quality of the air, as determined by federal and state air quality laws and regulations.
2404.10 - Service Installations or Components
Exposed storage areas, exposed machinery installation, service areas, truck loading areas, utility buildings and similar structures shall be designed and screened or located to provide an audio-visual buffer sufficient to minimize their adverse impact on other land uses within the development area and surrounding properties. (back to top)
2405.1 - Generally
The requirements and standards in this section apply to all development in the Town Center Overlay District except in the Open Space Parcel, and the Peripheral Area, and are in addition to the requirements and standards forth in Section 2404. In case of any conflict between the requirements and standards in Section 2404 and those in this section, the requirements and standards of this section shall prevail.
2405.2 - Dimensional Requirements
(a) Buildings shall not be set back more than 10 feet from the sidewalk, measuring from the edge of the sidewalk away from the street, or at the established building line, whichever is less. Front setback areas for multi-family residential buildings shall not be paved or used for parking other than driveway access to rear parking. For other buildings, front setback areas shall not be used for parking.
(b) Floor area ratio. The maximum floor area ratio for office use shall be 0.55 and for retail use shall be 0.50. For mixed office and retail use, the maximum floor area ratio shall be 0.55.
(c) Height. Buildings having only retail uses on the ground floor may add additional floors of residential and/or office uses up to a total height of 50 feet, provided the density of the retail use is not increased beyond the maximum floor area ratio.
(d) Parking. The required parking for all retail and office uses shall be 3 parking spaces per 1,000 square feet of net usable space, excluding storage, hallway, and mechanical spaces.
2405.3 - Parking
(a) The required parking for all retail and office uses shall be 3 parking spaces per 1,000 square feet of net usable space, excluding storage, hallway, and mechanical spaces.
(b) Parking lots on adjoining commercial lots developed at the same time shall be connected internally to each other to allow for channeled-through traffic between the lots and reduce the need for multiple curb cuts.
(c) Parking lots shall be located to one side or behind commercial buildings.
(d) Diagonal parking. On O'Neil Boulevard and other interior streets constructed as part of a development project diagonal parking may be approved as an alternative to required off-street parking, provided such parking is configured within the street right-of-way.
(e) Shared parking. Development projects containing mixed uses with staggered peak periods of demand, such as retail, office, and entertainment, shall share parking areas. The availability of shared parking on the same lot and/or on-street parking may support a recommendation for a variance from parking requirements. Parking requirements may be satisfied by agreement for shared parking with uses on adjacent lots by obtaining a variance from the Zoning Board of Review conditioned upon continuance of the shared-parking agreement.
(f) Where reasonable and practical, the Planning Board may require new roads and interconnected parking to be located behind existing commercial buildings scheduled for rehabilitation or reuse in order to reduce congestion in the Town Center.
2405.4 - Improvement Guarantee
An improvement guarantee or bond in the amount of twenty percent (20%) of the estimated cost of the entire project shall be provided by the applicant to ensure that the development will be completed in accordance with the approved plans and any conditions imposed by the Planning Board. (back to top)
2406.1 - Generally
The requirements and standards in this section apply to Development Parcel 3, and are in addition to the requirements and standards set forth in Sections 2404 and 2405. In case of any conflict between the requirements and standards in Sections 2404 and 2405 and those in this section, the requirements and standards of this section shall prevail.
2406.2 - Land Development Projects
(a) All land development, including the subdivision of any land, shall be in accordance with Article 17 of the Zoning Ordinance (Cluster Development provisions,) subject to the provisions of this article.
(b) That portion of Development Parcel 3 to be utilized for the built portion of a land development project under Article 17 shall be bounded to the north by O'Neil Boulevard, on the east by land owned by the City of Newport, on the south by required open space and on the west by High Street.
(c) The density of residential development proposed for the land development project for the built portion of Development Parcel 3 shall be no greater than that allowed in the underlying zoning district based upon a conventional yield plan.
(d) Retail and office uses shall be allowed within the built portion of Development Parcel 3.
(e) The density and design of retail, office or mixed residential, retail, and office allowable for the built portion of Development Parcel 3 shall be determined by the requirements and standards of Sections 2404.3 and 2404.4, except that the maximum floor area ratio for retail and office use on this parcel shall be 0.05. Also, Section 1713(B) of Article 17, entitled Building Size and Separation, shall not apply to land development projects in the Town Center Overlay District.
(g) That portion of Development Parcels 3 to remain as open space shall remain in perpetuity as open space an may be used for agricultural and passive recreational uses. A conservation easement for the open space shall be conveyed to the Town of Middletown.
(h) Any land development project on Development Parcel 3 shall include the construction of retaining walls and pedestrian sidewalk terraces defining the southern edge of development along the open space. Such walls and sidewalk terraces shall be designed and constructed in accordance with the Middletown Rules and Regulations Regarding the Subdivision of Land. The sidewalk terraces shall remain as a public way between the development and the open space. (back to top)
The Open Space Parcel shall be left as open space or park land and be limited to (1) passive recreational uses, (2) public assembly uses in outdoor spaces, such as a public amphitheater or outdoor concert space, (3) fairs and other outdoor public events, such as art shows which raise funds for public or non-profit projects, and (4) conservation use. All other uses, including commercial and residential uses allowed within the underlying zoning district, are prohibited. (back to top)
2408.1 - Approval
No demolition, as defined in this article, shall be commenced within the Town Center Overlay District without the prior approval of the Planning Board pursuant to the provisions of this article.
2408.2 - Review of Application
In reviewing an application for demolition, the Planning Board shall consider the architectural quality of the existing building, regardless of condition; the feasibility of renovating and reusing the existing building; and the quality of the demolition site re-landscaping or new replacement building to be constructed if demolition is approved.
2408.3 - Grant of Demolition
(a) No demolition permit shall be issued until the applicant demonstrates adequate financial ability to demolish the existing structure, re-landscape the demolition site or construct a new approved building on the demolition site.
(b) For demolition estimated to cost more than $25,000, and improvement guarantee or bond in the amount of twenty percent (20%) of the estimated cost shall be provided by the applicant to ensure that all work approved in the grant of demolition is satisfactorily completed. (back to top)