Mixed-use Zoning amendments

ORDINANCE OF THE

TOWN OF MIDDLETOWN, RHODE ISLAND

 

AN ORDINANCE AMENDING THE TOWN CODE OF THE 

TOWN OF MIDDLETOWN

TITLE XV: LAND USAGE

Chapter 152, Zoning Code

 

NOW THEREFORE, BE IT ORDAINED AS FOLLOWS:

FIRST: That Town Code Title XV, Chapter 152, Entitled “Zoning Code is amended by amending sections §27A04(C), and §27A07(E) of Article 27A – Mixed-use Development Projects as follows (language to be deleted is [stricken] out within brackets; language to be added is underlined):

 

§ 27A04  PERMITTED USES.

      (C)   Performance standards.

In addition to the requirements of Article 27 of this chapter, the following performance standards shall apply to mixed-use development.

            (1)   Commercial uses within a mixed-use development located in the Limited Business (LB) Zoning District shall limit hours of operation to 6:00 a.m. to 8:00 p.m., except that hours of operation for restaurants in LB districts shall be limited to 6:00a.m. to 10:00p.m.

(2)   Commercial uses within a mixed-use development located in the General Business (GB) Zoning District shall limit hours of operation to 5:00 a.m. to 11:00 p.m.

(3)  For purposes of applying the town's noise regulations, § 130.75 et seq., mixed-use developments shall comply with the maximum permissible sound levels allowed in a residential zoning district.

(4)  Dumpsters within a mixed-use development shall not be emptied between the hours of 10:00 p.m. and 7:00 a.m.

 

§ 27A07  DESIGN STANDARDS.

   (E)   Additional requirements.

      (1)   No new principal building shall be located within 100 feet of an existing residential building on abutting property or 50 feet of a residentially zoned lot.

      (2)   The area within the required setbacks shall be devoted to a landscaped or natural buffer zone.

      (3)   The maximum height of any building shall be [35 feet.] as set forth in § 603 of this chapter.

      (4)   The minimum building front yard setback from public or private roads within and part of the internal roadway system for the development plan area shall be five feet, except that where a minimum five foot planting strip between the sidewalk and roadway are provided, the building setback may be zero feet. The maximum building setback shall be 50 feet. In the case of a private roadway or driveway internal to the development, front setback shall be measured from the edge of the sidewalk.

      (5)   The minimum side or rear yard setback within the development plan area shall be ten feet, provided, however, that irrespective of lot lines, the minimum separation of buildings shall be 20 feet.

      (6)   The maximum footprint per building shall be as set forth in § 605 of this chapter.

SECOND: This ordinance shall take effect upon adoption and its provisions shall supersede any inconsistent or contrary provision in any other ordinance.