The Town Council of the Town of Richmond hereby ordains that Ch. 18.36 of the Code of Ordinances is amended to read as follows:

Chapter 18.36

SPECIAL REGULATIONS

18.36.010 Number of residential structures on a lot.

18.36.020 Vision clearance at corners.

18.36.030 Temporary residences.

18.36.040 Accessory dwelling units.

18.36.045 Repealed 5/21/24.

18.36.050 Home-based businesses.

18.36.060 Keeping of horses as an accessory use.

18.36.070 Reserved.

18.36.080 Indoor shooting ranges.

18.36.090 Vehicle service stations, automotive repair, and vehicle body repair.

18.36.100 Standards for developments with multi-family buildings.

18.36.110 Adult entertainment businesses.

18.36.120 Repealed 7/25/17.

18.36.130 Commercial vehicles in residential zoning districts.

18.36.140 Farmers’ markets.

18.36.150 Unified development review.

18.36.010 Number of principal residential structures on a lot. Not more than one principal structure used for residential purposes shall be built on any lot in a residential district, except in approved land development projects.

(Ord. dated 12-19-94(part); Ord. dated 5-2-06; Ord. dated 11-19-13)

18.36.020 Vision clearance at corners. On any corner lot and at street intersections in all districts, no wall, fence, structure or building shall be erected, and no hedge, tree, shrub or other vegetation shall be maintained between the heights of three (3) feet and ten (10) feet above the street level within the triangle formed by the lines of the near edge of the pavement or travel surface of the two streets and a third line joining points on those street lines forty-five (45) feet from their intersection. See Figure 1.

(Ord. dated 12-19-94 (part); Ord. dated 9-7-10; Ord. dated 11-19-13)

18.36.020 Figure I

18.36.030 Temporary residences. Notwithstanding the requirement in Sec. 18.36.010 that no more than one principal residence may be located on a lot, a recreational vehicle or mobile or manufactured home is permitted on the same lot as a principal residential structure that is under construction or undergoing restoration, in compliance with Ch. 15.02 of the code of ordinances.

(Ord. dated 12-19-94 (part); Ord. dated 11-19-13; Ord. dated 5-21-24)

18.36.040 Accessory dwelling units.

A. An accessory dwelling unit is a dwelling unit with separate permanent provisions for living, sleeping, eating, cooking, and sanitation that is located in the same structure as, or on the same lot as, a legally-established principal dwelling unit and is incidental and subordinate to the principal dwelling unit. Accessory dwelling units must satisfy the following requirements:

(Ord. dated 5-21-24)

1. The accessory dwelling unit shall have an entrance separate from that of the principal dwelling.

(Ord. dated 5-21-24)

2. A legally established single-unit or multi-unit dwelling may have one accessory dwelling unit that is accessory to the larger of the two principal dwelling units. An accessory dwelling unit shall not be located in, or on the same lot as a mobile home, a mobile home park, a hotel or motel, or a rooming house or boarding house.

(Ord. dated 5-21-24)

3. No more than one parking space shall be required for the accessory dwelling unit.

(Ord. dated 5-21-24)

4. The gross floor area of the accessory dwelling unit shall be no more than fifty percent (50%) of the gross floor area of the principal dwelling, not including unfinished basements, attics, garages, and unenclosed porches, or 800 square feet, whichever is larger, provided, however, that an accessory dwelling unit located in a finished basement may occupy the entire basement.

(Ord. dated 5-21-24)

5. The accessory dwelling unit shall be in the same ownership as the principal dwelling. Either the accessory dwelling unit or the principal dwelling unit must be occupied by the owner of the property.

(Ord. dated 5-21-24)

6. If the accessory dwelling unit will be located in a newly-constructed principal or accessory structure, the structure must satisfy the front yard, side yard, and rear yard dimensional requirements of this Title or must obtain a dimensional variance.

(Ord. dated 5-21-24)

7. An accessory dwelling unit may be constructed in an existing principal structure that is dimensionally nonconforming or in an existing accessory structure that is dimensionally nonconforming without a special use permit if the enlargement or addition does not increase the dimensional nonconformity of the building or structure. The dimensional nonconformity of a building may be increased only by special use permit. In addition to the criteria in Sec. 18.52.060, the property owner must prove by competent legal evidence that the lot is large enough to accommodate the expanded use, and that the enlarged building will be sufficiently separated from adjacent uses by the size or location of the lot or by a fence, a vegetative buffer, or by other means.

(Ord. dated 5-21-24)

8. If the principal dwelling is a legal nonconforming use, an accessory dwelling unit may be added to the principal dwelling or an accessory building on the same lot without a special use permit to intensify the use if the building footprint is not enlarged. The footprint of the principal dwelling or an existing accessory building on the same lot may be enlarged to accommodate construction of an accessory dwelling unit by special use permit. The property owner must prove by competent legal evidence that the lot is large enough to accommodate the expanded use, and that the enlarged building will be sufficiently separated from adjacent uses by the size or location of the lot or by a fence, a vegetative buffer, or other means.

(Ord. dated 5-21-24)

9. Before a building permit or a certificate of use and occupancy is issued for an accessory dwelling unit, the property owner shall submit to the building official a certification from the R.I. department of environmental management that the onsite wastewater treatment system serving the property will adequately accommodate the accessory dwelling unit.

B. Before February 1 of each year, the administrative officer shall report to the R.I. division of statewide planning all ordinances enacted during the previous calendar year concerning accessory dwelling units; all accessory dwelling units for which a building permit was issued during the two previous calendar years; and all accessory dwelling units for which a certificate of use and occupancy was issued during the two previous calendar years.

(Ord. dated 9-21-04 (part); Ord. dated 9-7-10; Ord. dated 11-19-13; Ord. dated 5-16-17; Ord. dated 5-21-24)

REFERENCES

R.I. Gen. Laws §§ 45-24-31, 45-24-37, 45-24-73, 45-24-74, 45-24-75.

18.36.050 Home-based businesses.

A. A home-based business shall be permitted within a principal residence, or in an accessory structure on the same lot as the principal residence, if it meets all of the requirements of this section.

B. The home-based business shall be:

1. Conducted as an accessory use to the principal residential use, and clearly incidental and secondary to the principal residential use;

2. Conducted by a resident of the principal residential use who may not employ more than one person who is not a resident of the principal residence.

C. The property used for a home-based business shall satisfy the following requirements:

1. The home-based business shall occupy no more than 300 square feet of floor space.

2. The home-based business shall be conducted entirely inside a structure.

3. There shall be no exterior evidence that the residence is being used for a home-based business. Exterior displays, exterior signs other than those permitted under Chapter 18.24 of this Title, and exterior storage of material are prohibited.

4. The home-based business shall produce no offensive noise, vibration, smoke, dust, glare, odor, or excessive heat.

5. Traffic shall not be generated in greater volume than would be customary for a residence.

6. No direct retail sales are permitted.

7. A commercial vehicle or equipment used in the business may be parked, kept, or stored on the lot provided it is not visible from the street or abutting properties.

D. More than one home-based business may be conducted on a lot provided that each business meets the requirements of this section and that the combined area of the businesses occupy a total of no more than 300 square feet of floor space.

(Ord. dated 5-2-06; ord. dated 7-17-07; ord. dated 11-19-13)

18.36.060 Keeping of horses as an accessory use.

A. Keeping of horses and other equine species is permitted as an accessory use if the following requirements are satisfied:

A. The horse or horses must be kept as an accessory to, and clearly incidental to, a principal residential use.

B. The horse or horses must be kept in compliance with Chapter 18.30 of this Title and Chapter 6.18 of the Code of Ordinances.

(Ord. dated 11-19-13; Ord. dated 5-21-24)

18.36.070 Reserved.

18.36.080 Indoor shooting ranges.

A. 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.

(Ord. dated 11-19-13)

18.36.090 Vehicle service stations, automotive repair, and vehicle body repair.

A. In vehicle service stations and in facilities offering automotive or vehicle body repair, all services except fuel sales shall take place inside an enclosed building. Parts, supplies, and equipment stored outdoors, and vehicles parked outdoors overnight or longer, shall be screened by a dense evergreen buffer at least ten (10) feet deep.

B. A vehicle service station shall be separated from any abutting residential zoning district or any abutting property with residential, educational, recreational, cultural, or religious uses by a buffer at least one hundred (100) feet deep that includes a solid wall or fence or a dense evergreen hedge.

C. The application for a special use permit shall include a detailed plan explaining how lubricants and fuel oils will be stored to prevent soil, ground water, and surface water contamination.

(Ord. dated 5-21-24)

D. Fuel pump islands shall be located in the rear yard and shall be set back at least fifteen (15) feet from all property lines.

E. Service bay doors shall not face any adjacent public street.

(Ord. dated 11-19-13)

18.36.100 Standards for developments with multi-family buildings.

A. A development with one or more multi-family buildings must be approved as a land development project. The maximum number of dwelling units shall be determined by section 3.3 of the land development and subdivision regulations.

B. A development with more than one multi-family building may be designed as a conservation development according to section 18.41.030 of this Title.

C. No multi-family building shall have an average of more than two bedrooms per dwelling unit. No multi-family building of any size shall contain more than one three-bedroom dwelling unit.

D. A development with more than one multi-family building shall be served by public water if public water can be provided without extending a water main. If public water cannot be provided, water shall be supplied by a community well.

E. The following dimensional regulations shall apply to use code 104, multi-family buildings with three or four dwelling units, in the R-1 and R-2 zoning districts.

Lot Size in acres

equal to 43,560 s.f.

Lot frontage (feet)

Front yard depth (feet)

Rear yard depth (feet)

Side yard depth (feet)

300

100

Maximum building lot coverage	Maximum height - main structure (feet)	Maximum height - accessory structure (feet)	Side and rear yard depth - accessory structure (feet)
10%	35	25	20

F. In the General Business zoning district, lots used solely for use codes 101 through 106 in Sec. 18.16.010 on the date of enactment of this section may continue to be used solely for single-family, two-family, and multi-family uses, notwithstanding any other provision of this chapter, provided that for new construction, residential density shall be no more than four dwelling units per acre. Lots in the General Business zoning district not used solely for use codes 101 through 106 in Sec. 18.16.010 on the date of enactment of this section must contain both non-residential uses and residential multi-family uses at a density of no more than four dwelling units per acre.

G. This Chapter does not apply to residential development in the PUD-VC zoning district, which is regulated by section 18.42.040 of this Title.

(Ord. dated 11-19-13; Ord. dated 6-16-15; Ord. dated 1-2-18)

18.36.110 Adult entertainment businesses. A building containing an adult entertainment business shall be located no closer than 1500 feet to a structure in which a residential use (use codes 101, 102, 103, 104, 105, 106, 112, 114, 116), a place of worship (use code 444), a school (use codes 301, 302, 303, 306), or a recreational use (use codes 402, 406, 408, 409, 410, 414, 420, 424, 432, 434, 436, 1015, 1020, 1025, 1040) is located.

(Ord. dated 11-19-13; Ord. dated 5-16-17)

18.36.130 Commercial vehicles in residential zoning districts. A commercial vehicle classified by the U.S. department of transportation in classes 6 through 8 with a gross vehicle weight of more than 19,500 pounds shall not be parked or stored in a residential zoning district unless the vehicle is directly related to a permitted use, a special permit use, or a legal nonconforming use of the property.

(Ord. dated 5-16-17)

18.36.140 Farmers’ markets. The following development standards shall apply to farmers’ markets.

A. The site on which a farmers’ market is located shall have at least 20,000 square feet of contiguous undeveloped area.

B. The site on which a farmers’ market is located shall have frontage on an arterial street or a collector street as those terms are defined in Section 13.4.1 of the land development and subdivision regulations.

C. Any number of temporary signs associated with the market may be displayed at the site of the market during the hours the market is open.

D. The sponsoring organization shall be responsible for insuring that all refuse is removed from the site and properly disposed of at the end of each day the market is open.

E. No farmers’ market shall open earlier that 7:00 a.m. or close later than 8:00 p.m.

F. A farmers’ market may be located on the site of a legal nonconforming use or a special permit use without obtaining a special use permit, notwithstanding the provisions of Section 18.48.040(A) or 18.52.060(C) of this Title.

G. A site on which the farmers’ market will be located must receive development plan approval pursuant to Chapter 18.54 of this Title.

1. Application fees, including the pre-application conference fee and the base fee, shall not exceed a total of five hundred dollars ($500), notwithstanding the provisions of section 18.54.050 of this Title.

2. The administrative officer shall have the authority to waive or modify any requirement of Chapter 18.54 or the checklist contained in Article 15 of the land development and subdivision regulations with respect to the information and documents an applicant must submit if, in his or her professional opinion, the information or document is not necessary for a comprehensive review. The administrative officer or the planning board shall have the authority to request submission of any information or document omitted from the application pursuant to this subsection.

(Ord. dated 5-21-24)

3. The administrative officer or the planning board must find that adequate off-street parking will be available and that the site is arranged for safe vehicle and pedestrian circulation. If the farmers’ market is located in the parking area of an existing permanent use, adequate parking must be available for the farmers’ market as well as for the permanent use if it is open during the hours the farmers’ market is open.

(Ord. dated 5-16-17; Ord. dated 5-21-24)

18.36.150 Unified development review.

A. Unified development review authorizes the planning board, rather than the zoning board of review, to approve variances and special use permits that are requested concurrently with an application for approval of a development plan, subdivision, or land development project.

B. An applicant for development plan approval, subdivision approval, or land development project approval may request unified development review by submitting an application form for zoning relief with the application for development approval. The procedure for review and approval under unified development is contained in the land development and subdivision regulations.

C. When considering an application for zoning relief, the planning board is bound by the same legal requirements and the same criteria for relief that would apply to the zoning board of review’s consideration of applications. The planning board shall conduct a public hearing, shall take testimony under oath, and shall make findings of fact and conclusions of law. The planning board’s decision on the zoning relief shall be conditional on its approval of the development project.

D. An appeal from a decision by the planning board on a variance or special use permit may be taken pursuant to R.I. Gen. Laws § 45-23-71.

E. The administrative officer shall have the authority to require the submission of a checklist for unified development review. This checklist shall be approved by the Planning Board.

(Ord. dated 5-21-24)

REFERENCES

R.I. Gen. Laws §§ 45-23-50.1, 45-24-46.4.