The Town Council of the Town of Richmond hereby ordains that Ch. 18.54 of the Code of Ordinances is amended to read as follows:
Chapter 18.54
DEVELOPMENT PLAN REVIEW
18.54.010 Definition and purpose.
18.54.020 When required.
18.54.030 Review of plans and waiver.
18.54.040 Approval authority.
18.54.050 Approval procedure.
18.54.060 Appeal.
18.54.070 Advisory development plan review for town property.
18.54.080 Repealed 5/21/24
18.54.090 Repealed 5/21/24
18.54.100 Repealed 5/21/24
18.54.110 Repealed 5/21/24
18.54.010 Definition and purpose.
Development plan review is review and approval by the administrative officer, the technical review committee, or the planning board of a site plan. The purpose of the review is to ensure that the site complies with the design and performance standards in the land development and subdivision regulations.
(Ord. dated 9-7-10; Ord. dated 5-21-24)
18.54.020 When required.
A. In addition to provisions elsewhere in this Title that require development plan review, development plan review is required for:
(Ord. dated 5-21-24)
1. Development or construction of a new building for a commercial or industrial use.
(Ord. dated 5-21-24)
2. Alteration or redevelopment of a commercial or industrial building, or a change of use from one use code to another, where no extensive construction of improvements is proposed.
(Ord. dated 5-21-24)
3. Construction or expansion of a patio, outdoor dining area, or other outdoor area.
(Ord. dated 5-21-24)
4. An adaptive reuse project in the Neighborhood Business, General Business, Light Industrial, Industrial, PD, Flex Tech, or PUD-VC zoning district for which no extensive construction of improvements is proposed.
(Ord. dated 5-21-24)
5. An adaptive reuse project located in a residential zoning district proposing fewer than 9 residential units.
(Ord. dated 5-21-24)
6. Development in a designated urban or growth center.
(Ord. dated 5-21-24)
7. Development of educational or hospital facilities.
(Ord. dated 5-21-24)
8. Development of a use in a historic district.
(Ord. dated 5-21-24)
B. Development plan review is not required for:
1. One-family and two-family dwellings. A single-family detached dwelling or a two-family structure.
(Ord. dated 5-21-24)
2. Routine building maintenance.
3. Incidental landscaping or landscape maintenance, including repaving.
4. Accessory structures.
5. A redevelopment or change of use that involves only reconstruction or renovation of a building interior.
(Ord. dated 5-21-24)
6. Agricultural uses except farm stands regulated by section 18.16.030(G) of this Title; indoor horticulture included in section 18.16.010, use code 214 of this Title; and the accessory farm uses specified in section 18.47.040 of this Title.
(Ord. dated 9-7-10; Ord. dated 6-16-15; Ord. dated 1-2-18; Ord. dated 5-21-24)
18.54.030 Review of plans and waiver.
A. The zoning enforcement officer shall review applications for building permits and other development proposals, and shall refer projects that require development plan review to the administrative officer. A record shall be kept of the zoning enforcement officer’s determination as to each application or proposal.
(Ord. dated 5-21-24)
B. The administrative officer may waive development plan review if the existing exterior facilities do not require alteration or expansion and the proposed changes will not affect existing stormwater management, traffic or pedestrian circulation, the relationship of buildings to each other, or existing landscaping or exterior lighting. An applicant requesting waiver of development plan review shall submit documentation, as required by the permitting authority, on prior use of the site, the proposed use, and its impact.”
(Ord. dated 5-21-24)
C. No building permit shall be issued for construction or renovation that requires development plan review until a development plan approved by the administrative officer, the technical review committee, or the planning board has been recorded in the land evidence records.
(Ord. dated 9-7-10; Ord. dated 5-21-24)
18.54.040 Approval authority.
A. The administrative officer shall have the authority to approve, or the authority to refer to the technical review committee for approval, the following applications if they do not include an application for zoning relief or a proposal for creation or extension of a street:
(Ord. dated 5-21-24)
1. Alteration or redevelopment of an existing building or a change of use from one use code to another if the building footprint will be enlarged by no more than 5,000 square feet, or if the parking area will be expanded by no more than 5,000 square feet, or both.
(Ord. dated 5-21-24)
2. Alteration or redevelopment of an existing building or a change of use from one use code to another if the alteration or redevelopment will have only a minimal effect on stormwater management, traffic or pedestrian circulation, the relationship of buildings to each other, existing landscaping, or exterior lighting.
(Ord. dated 5-21-24)
3. Construction or expansion of a patio, outdoor dining area, or other outdoor area for a building used for a permitted use if the patio, dining area, or other outdoor area will be smaller that 5,000 square feet after construction or expansion.
(Ord. dated 5-21-24)
B. The planning board shall review and approve applications that include a request for zoning relief or a proposal for creation or extension of a street, and applications that are not eligible for approval by the administrative officer or the technical review committee.
(Ord. dated 5-21-24)
18.54.050 Approval procedure.
A. The review and approval procedure for development plan review is in Sec. 4.3 of the land development and subdivision regulations.
(Ord. dated 5-21-24)
B. An applicant requiring zoning relief shall submit an application for a modification, a variance, or a special use permit with the development plan review application. The administrative officer shall refer an application for a modification to the zoning enforcement officer. A public hearing is required under unified development review of an application that includes a request for zoning relief or a proposal for creation or extension of a street.
(Ord. dated 5-21-24)
18.54.060 Appeal. A development plan review decision is appealable to the Superior Court pursuant to R.I. Gen. Laws § 45-23-71.
(Ord. dated 5-21-24)
18.54.070 Advisory development plan review for town property. The planning board shall review development plans according to the requirements of Sec. 4.3 of the land development and subdivision regulations and issue an advisory opinion to the town council for proposed uses of town-owned property pursuant to section 18.04.030 of this Title.
(Ord. dated 5-21-24)
REFERENCES
R.I. Gen. Laws §§ 45-23-32(9), 45-23-50, 45-23-50.1, 45-24-31(22), 45-24-33(a)(19), 45-24-49, 45-24-58; Code ch. 18.04.