Chapter 18.26  PLANNED DEVELOPMENT RESORT DISTRICT

 

18.26.010        Purpose.

18.26.020        Location.

18.26.030        Definitions.

18.26.040        Permitted uses.

18.26.050        Development density.

18.26.060        Open space.

18.26.070        Development standards.

18.26.080        Dimensional regulations.

18.26.090        Streets.

18.26.100        Signs.

18.26.110        Parking and loading.

18.26.120        Camping recreational vehicles.

18.26.130        Approval procedure.

 

18.26.010  Purpose.  The purpose of this Chapter is to establish regulations for a unified development that includes commercial and non-commercial recreational facilities; hotel and event facilities, restaurants, and limited commercial uses to provide amenities for residents, guests, and the public; and a restricted-access residential area. The provisions of this Chapter shall apply exclusively to this district and shall supersede inconsistent provisions elsewhere in this Title.

(Ord. dated 9-20-16)

 

18.26.020  Location.  The boundaries of the district are delineated on the Zoning Map. The following lots are located in the district: Assessor’s Plat 6A, Lots 5 and 25 and Assessor’s Plat 6B, Lots 2 and 4.

(Ord. dated 9-20-16)

 

18.26.030  Definitions.  The following words or phrases have the following meaning when used in this Chapter.  

     

Brewpub – A restaurant at which malt beverages are manufactured and consumed or purchased in compliance with R.I. Gen. Laws § 3-6-1.2.

 

Clubhouse – A building that may contain, without limitation, accessory facilities for recreational or athletic activities, function rooms or restaurants, retail sales areas, and the administrative offices of the corporation that owns or operates the resort and uses or structures associated with the resort.

 

Commercial recreation activity or facility – A recreational activity or facility that is open to the public or for which a fee is charged.

 

Equestrian complex – Barns, stables, utility buildings, paddocks, corrals, pastures, riding rings and arenas, including polo grounds, where livestock are kept or boarded and where activities such as riding instruction, hiring of horses for riding, horse training, and equestrian shows, exhibits or competitions are held.

 

General store – A store primarily selling convenience items such as snack foods, candy, bottled beverages, coffee, milk, newspapers, magazines, cigarettes, over-the-counter medicines, personal care appliances, health and beauty aids, and a limited number of grocery or general items.

 

Guest cottage – A structure that has a sleeping area and sanitary facilities but no cooking facilities, and is not a dwelling unit as that term is defined in Chapter 18.08 of this Title. Guest cottages are intended for short-term use by members or their guests. Guest cottages are accessory buildings to the clubhouse.

 

Helipad – An area used exclusively for landing of helicopters.

 

Individual accessory solar energy system – An off-grid or interconnected system of solar panels or other solar energy conversion hardware used to convert sunlight into thermal or electric energy that produces 125% or less of the average annual electric energy used by the building it serves.

 

Livestock – Horses, ponies, mules, asses, burros, donkeys, cattle, cows, sheep; and animals for which the owner has a possession permit issued by the department of environmental management.    

 

Livestock keeping, breeding, or raising – Barns, utility buildings, and enclosed areas where livestock and game birds are kept, bred, or raised. 

 

Novelty dwelling structure – A yurt, tree house, hobbit house, or similar unconventional residential structure that contains cooking and sanitary facilities but is not intended for permanent year-round occupancy by the same person or household. Novelty dwelling structures are considered dwelling units for the purpose of calculating residential development density under Section 18.26.050 of this Chapter, but are not subject to the provisions of Ch. 18.18 of this Title.

 

Novelty accessory sleeping structure – A yurt, tree house, hobbit house, or similar unconventional structure that may be designed for overnight occupancy but lacks cooking facilities, sanitary facilities, or both, and is not a dwelling unit as that term is defined in Chapter 18.08 of this Title. Novelty sleeping structures are accessory buildings to the clubhouse.

(Ord. dated 9-20-16; Ord. dated 1-2-18; Ord. dated 12-17-19)

 

18.26.040  Permitted uses.

A.  The following principal uses in Chapter 18.16 of this Title are permitted on all property in this district except for use codes 104, 105, 732, 740, 754, and 854, which are prohibited in the Aquifer Protection Overlay District.

 

Use code

Description

101

Single detached dwelling unit.

102

Two-dwelling-unit building.

103

Dwelling unit in a mixed use building.

104

Multi-family building(s): 3-4 dwelling units.

105

Multi-family building(s): 5-12 dwelling units.

212

Horticulture.

308

Cemetery.

408

Golf course.

414

Health club.   

434

Wildlife refuge, conservation area.

436

Indoor shooting range.

460

Theater or other indoor privately-owned public gathering place.

732

Hotel, motel.

734

Health-related services.

736

Personal services.

738

Retail services.

740

Repair services.

754

Dog boarding or breeding kennel.

804

Specialty food store.

812

Pharmacy in a building less than 2,500 sq. ft. gross floor area.

816

General retailer in a building less than 20,000 sq. ft. gross floor area.

854

Artisan studio.

864

Restaurant serving alcoholic beverages.

866

Eating place, no service of alcoholic beverages.

905

Winery at vineyard.

(Ord. dated 9-20-16; Ord. dated 1-2-18)

 

B.  The following principal uses are permitted only in this zoning district. The descriptions are intended to illustrate some of the specific uses covered by each use code; they are not intended to be exclusive.

 

Use code

Description

1010

Brewpub.

1012

Clubhouse.

1015

Equestrian complex.

1020

 

Indoor commercial or non-commercial recreational facility.

Includes courts for racquet sports; swimming pools; bowling alleys; pinball and electronic games; miniature golf courses; pool and billiards; climbing walls; and rental of recreational equipment.

1025

Outdoor commercial or non-commercial recreational facility.

Includes courts for racquet sports; swimming pools with cabanas; miniature golf; skating rinks; driving ranges; softball and other playing fields; volleyball courts; bocce courts; polo grounds; rock climbing; cross-country skiing; archery; use of skimobiles; use of all-terrain vehicles by residents and guests at least 25 feet from district boundary lines except where existing trails or paths are located; mountain biking; zip lines; fishing; hunting; trapshooting, skeet shooting and sporting clays; tent camping; and rental of recreational equipment.

1030  

Helipad.

1035

Livestock keeping, breeding, or raising. 

1040

Novelty dwelling structure.

1050

Outdoor privately-owned public gathering place.

Includes amphitheaters, gazebos, and picnic areas.

1055

General store.

(Ord. dated 9-20-16; Ord. dated 1-2-18; Ord. dated 12-17-19)

 

18.26.050  Development density.

A.  The maximum residential density permitted in the area encompassing Lot 5 on Assessor’s Plat 6A, Lot 25 on Assessor’s Plat 6A, and the western portion of Lot 2 on Assessor’s Plat 6B, as shown on the Zoning Map, shall be one dwelling unit per three acres of land suitable for development.

 

B.  The maximum residential density permitted in the area encompassing the eastern portion of Lot 2 on Assessor’s Plat 6B and the southern portion of Lot 4 on Assessor’s Plat 6B, as shown on the Zoning Map, shall be one dwelling unit per two acres of land suitable for development.

(Ord. dated 9-20-16; Ord. dated 1-2-18)

 

18.26.060  Open space.  At least twenty-five percent (25%) of the property in the district shall be open space. Use of the open space for any commercial or non-commercial recreational activity or construction of any permanent structure in the open space must be specifically approved by the planning board and permitted by the recorded instrument that protects the open space from further development.

(Ord. dated 9-20-16)

 

18.26.070  Development standards.

A.  All outdoor lighting shall have full cut-off fixtures approved by the International Dark Sky Association. Fixtures shall be mounted no higher than twenty-four (24) feet from the ground. Light shall be directed away from adjacent property.  

 

B.  Two acres of paddock, corral or pasture, or any combination thereof, shall be provided for each head of livestock.

 

C.  The following standards apply to equestrian complexes and to livestock keeping, raising and breeding facilities.

1.   Barns, stables, utility buildings, paddocks, corrals, pastures, riding rings, and arenas used as equestrian facilities or for keeping, raising, or breeding livestock shall be located at least one hundred (100) feet from any zoning district boundary.

2.   Amplified outdoor sound systems shall not be used between 9:00 p.m. and 8:00 a.m.

3.   Manure shall not be stored or composted within two hundred (200) feet of a district boundary or a well, or within two hundred (200) feet of a wetland or stormwater drainage feature.  

4.   Stormwater runoff from paddocks, corrals, arenas, and riding rings shall be diverted from wetlands and wells on the same property or adjacent property in accordance with a plan approved by the R. I. department of environmental management.

5.   The preliminary plan submission for any portion or phase of development that includes an equestrian complex or a facility for keeping, raising or breeding of livestock shall include a plan for the sanitary storage, disposal or use of all animal waste. The plan must be approved by the U.S. department of agriculture natural resources conservation service (NRCS). The plan may include a composting facility that complies with state department of environmental management regulations.

 

D.  An indoor shooting range shall be entirely enclosed and shall be located in a free-standing building constructed with sufficient noise and reverberation mitigation so that the sound at any point within ten (10) feet of the exterior of the building does not exceed sixty (60) decibels.

 

E.  Buildings and outdoor exercise areas or runs for dog boarding or breeding kennels shall be at least one hundred fifty (150) feet from the nearest district boundary line.

F.  Helipads shall be located at least five hundred (500) feet from the nearest district boundary line.

(Ord. dated 9-20-16)

 

18.26.080  Dimensional regulations.

A.  A one-hundred (100) foot buffer area shall be maintained on the perimeter of the district  except where the adjacent property outside the district is owned by a person or entity with an ownership interest in property within the district. No structure shall be constructed within the buffer area. Existing vegetation in the buffer area shall not be removed.

 

B.  The maximum building height shall be forty (40) feet, measured from the average post-construction grade at the front of the structure to the top of the highest point of the roof, except for use code 732, for which the maximum building height shall be sixty-five (65) feet.

(Ord. dated 9-20-16; Ord. dated 12-17-19)

 

18.26.090  Streets. 

A.  Streets in the zoning district shall be private, notwithstanding the requirements of Article 13 of the land development and subdivision regulations.

 

B.  Streets providing access to residences shall be constructed according to the requirements for rural local streets in Articles 13 and 14 of the land development and subdivision regulations, with the following exceptions:

1.   The required gravel base course thickness may be reduced from thirteen (13) inches to nine (9) inches.

2.   The required bituminous pavement thickness may be reduced to two inches of binder and  one and one-half inches of Type-I-1 surface course.

 

If a street is not constructed according to the requirements of Article 13 of the land development and subdivision regulations, the owner shall record a document in the land evidence records at the time the plat is recorded certifying that neither the owner nor his successors in title shall ask the Town of Richmond to accept for Town ownership any street in the district that is not constructed to the standards for rural local streets.  

 

C.  Common driveways shall be constructed according to the requirements of Article 13 of the land development and subdivision regulations.

(Ord. dated 9-20-16)

 

18.26.100  Signs.  The definitions in Section 18.24.010 of Chapter 18.24 of this Title apply to this Section.

 

A.  The following signs are permitted with the issuance of a sign permit.

1.   Signs no larger than forty (40) square feet identifying the restricted-access residential portion of the district. One such sign may be constructed at each entrance to a restricted-access residential area.

2.   On the main entrance wall of a building, one or more signs that identify the business(es), profession(s) or service(s) located in the building. The sign or signs:

a.   Shall not occupy more than seventy percent (70%) of the linear frontage of the building.

b.   Shall be no more than forty-eight (48) inches high.

c.   If perpendicular to the wall, shall protrude no more than five (5) feet from the wall and shall have an area no larger than nine (9) square feet; and

d.   Shall not project above the roofline of the building more than five (5) feet.

3.   One or more signs on or behind a window or windows, provided that the total area of the signs shall not exceed fifty percent (50%) of the surface area of the windows to which they are applied.

4.   For each business, one internally or externally illuminated freestanding sign no more than fifteen (15) feet above the ground at its highest point, with an area of no more than thirty-six (36) square feet, or where multiple buildings or uses share one entrance, a directory sign with an area no larger than eighty (80) square feet, and no higher than sixteen (16) feet from the ground at its highest point.

5.   Inflatable objects or figures not larger than three cubic yard in size and no higher at their highest point than ten (10) feet above the roof of the building. Such inflatable objects or figures  may be displayed for no more than seven (7) days. The object or figure shall be adequately secured. No more than one such permit shall be issued to a business in any calendar year.

6.   An internally or externally illuminated freestanding sign no more than sixty-five (65) feet above the ground at its highest point, with two faces, each face having an area no larger than seven hundred seventy (770) square feet  that may be digital or may have blinking, flashing or fluttering lights or other illuminating devices that change intensity, brightness or color.

7.   At each Kingstown Road entrance to the district, one internally or externally illuminated freestanding sign no more than sixteen (16) feet above the ground at its highest point, with two faces, each face having an area no larger than three hundred sixty (360) square feet, that may be digital or may have blinking, flashing or fluttering lights or other illuminating devices that change intensity, brightness or color.

 

B.  The following signs are permitted without the issuance of a sign permit.

1.   One sandwich sign per business, provided it is not located on any public sidewalk or street right of way, and provided it is adequately secured.

2.   Signs not larger than thirty two (32) square feet advertising property for sale or lease.

3.  No Trespassing,” “No Hunting,” and similar signs used to post property.

4.   Signs (including directional signs) erected next to streets or parking lots to protect the safety of those using the streets or to promote safe and efficient traffic flow.

5.   One banner, no larger than twenty-four (24) square feet in area, for each business. A banner shall be displayed for no more than ninety (90) days.

6.   Signs no larger than thirty-two (32) square feet identifying individual buildings.

(Ord. dated 9-20-16; Ord. dated 12-17-19)

 

18.26.110  Parking and loading. 

A.  Buildings and uses shall provide the number of parking spaces required by Chapter 18.29 of this Title. The planning board shall have the authority to reduce the required number of parking spaces for any use or structure. If such a reduction is approved, the reason for the reduction shall be stated in the preliminary plan decision.  Shared parking shall be permitted.

 

B.  Adequate off-street loading areas shall be provided for each building or use to which deliveries will be made.

(Ord. dated 9-20-16; Ord. dated 1-2-18)

 

18.26.120  Camping recreational vehicles.  A maximum of 250 camping vehicles, as defined by R.I. Gen. Laws § 32-7-7(31), may be parked temporarily or permanently in the zoning district, provided that no more than eight (8) such vehicles shall be parked on any one acre of land.

 

18.26.130  Approval procedure. 

A.  Each phase or portion of development shall be approved as a major land development project pursuant to the land development and subdivision regulations. Minor changes to a recorded portion or phase may be approved by the administrative officer pursuant to section 6.2 of the land development and subdivision regulations. Major changes to a recorded portion or phase require planning board approval.

 

B.  Final approval of each phase of the development includes approval of the development plan and site features. If individual sites in any phase will not be developed immediately after final plan approval, the applicant may request bifurcation of land development project approval and development plan review. When land development project approval and development plan review are bifurcated, the final plan decision shall specify the buildings or areas for which development plan approval must be obtained before development can begin. When this procedure is used, the application for development plan review shall be treated as an application for review of a site plan for a permitted use under Ch. 18.54 of this Title, and the planning board’s decision shall be appealable.

 

C.  Administrative fees are those in section 11.3 of the land development and subdivision regulations.

(Ord. dated 9-20-16) 

 

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