§ 406. Residential Structures Meeting Certain Thresholds

A. Purpose. The purpose of this section is to provide for an additional level of review, with specific architectural and siting standards, for residential structures that are proposed over a certain size, based on variable thresholds, listed under paragraph B. below. It is the finding of this section that excessively large houses designed without regard to their setting are visually intrusive and in conflict with traditional New Shoreham development patterns that are critical to the unique island character. The intent of this section is to ensure that new residential development is designed and sited in a way that complements, and does not detract from, the island's natural, historic, cultural and scenic character, the preservation of which is to the benefit of all residents and visitors.

B. Applicability. A Special Use Permit shall be required prior to the issuance of a building permit for any single family dwelling unit, accessory residential structure or accessory structure proposed within the RA Zone or RB Zone meeting any of the following thresholds, either new construction or as a result of an addition to, or rehabilitation of, an existing structure:

1. Individual building footprint in excess of 2,000 square feet, exclusive of ground level or first floor decks, or one story (no floor area above) unenclosed porches;

2. Total living area in excess of 3,300 square feet;

3. Total gross area in excess of 5,000 square feet, exclusive of ground level or first floor decks or one story unenclosed porches;

4. Total building volume in excess of 45,000 cubic feet; and/or

5. Any retaining wall constructed of concrete, metal, fiberglass or other similar manufactured material that is in excess of five feet in height and/or fifteen feet in length necessary for the siting and construction of the building. Retaining walls constructed only of stone or timber, or associated with a walk-out basement for a total length not to exceed twenty feet on either side of the walk-out, are excluded from this category.

In addition to an application to the Zoning Board of Review for a Special Use Permit, the applicant shall be subject to Development Plan Review by the Planning Board.

C. Effective Date and Exemptions. This section shall apply to all building permits issued after the effective date of October 6, 2008. However, any principal or accessory residential structure for which a building permit was issued prior to this effective date, and which meets any of the thresholds listed under Subsection B. above, shall be exempt from the provisions of this section, if a subsequent building permit is issued only for:

1. Interior work, including the conversion of existing floor area, such as an attic or unfinished basement, into living area;

2. Replacement of building materials (siding, windows, doors, roofing, etc.);

3. Structural repairs involving in-kind replacement (such as foundations, walls, porches, columns and the like); and/or

4. Changes in building footprint that involve addition of a ground level or first floor deck, or a one story unenclosed porch.

All other changes involving an increase in building footprint, gross floor area or building volume, or any site alteration involving the new construction of a concrete or similarly constructed retaining wall exceeding either five feet in height or fifteen feet in length, shall be subject to the special use permit provisions contained in this section.

D. Building Exemptions. The existence of a residential structure which meets any of the thresholds listed under Subsection B. above shall have no bearing on the construction requirements of any other structure, principal or accessory, on or proposed to be on, the same lot and not meeting any of said thresholds. Such structures shall be subject only to the appropriate dimensional and use standards contained elsewhere in this ordinance.

E. Zoning Board of Review Procedures.

1. In addition to any relevant submittal requirements for a Special Use Permit application, the applicant shall submit the following:

a. An existing site plan consisting of an accurate survey of the parcel showing the natural grade in one foot contours, the locations of water bodies and wetlands, vegetative cover and trees, view sheds and scenic views, stone walls, and the location and dimensions of all existing structures, prepared by a Rhode Island registered professional land surveyor.

b. Architectural plans, including elevations with building height measurements of all sides of the dwelling, and floor plans.

c. A calculation of total living area, gross area, and building volume (see Section 202, Definitions), as provided by a Rhode Island registered architect.

d. A three-dimensional representation of the building as it is to appear on the site, either through computer enhancement or scale model; see Section 703 C(14).

e. A proposed site plan showing the location and dimensions of the dwelling and all accessory buildings and structures (including non-habitable structures such as swimming pools and tennis courts), and a grading plan showing existing and proposed grades, including any retaining walls, prepared by either a Rhode Island registered professional land surveyor or Rhode Island registered professional engineer.

2. The Zoning Board shall refer the application to the Planning Board for an advisory opinion regarding the Special Use Permit application.

3. An approval of an application for a Special Use Permit for a residential structure under the provisions of this section, may include conditions deemed appropriate by the Zoning Board to achieve the purposes of this section, including changes in architectural elements, and shall be conditioned upon completion of the review and approval of building and site plans by the Planning Board.

F. Planning Board Procedures. The Planning Board shall review the application for a residential structure under this section pursuant to the provisions of Development Plan Review, and shall give an opinion to the Zoning Board of Review regarding the granting of a Special Use Permit. The Planning Board may undertake the development plan review and the advisory request concurrently as provided for in the ordinance, under Section 704F.

1. In reviewing the plans and materials, the Planning Board shall apply the relevant development plan review standards contained in the ordinance (see Section 501A.).

2. The Planning Board shall determine the consistency of the application with the purposes of this section and with the Comprehensive Plan.

3. The Planning Board may attach conditions or restrictions as part of their advisory recommendation.

G. Standards. Prior to the approval of an application submitted under this section, the Zoning Board of Review shall determine that the application meets the general criteria for a Special Use Permit contained in Section 401, particularly those described in paragraphs A.(1) and (2). In addition, the Zoning Board shall determine that the application meets the following standards:

1. The construction of the residential structure does not require a variance for any dimensional standard including lot building coverage, lot coverage or building height, with the exception of a variance for a yard setback as recommended by the Planning Board to provide for more appropriate siting of the structure on the lot.

2. All performance standards contained in Section 514, Residential Structures, in the RA and RB Zones, are met.

3. A structure with a building footprint greater than 3,000 square feet in area, exclusive of ground level or first floor deck, or one story unenclosed porch, is mitigated as follows:

a. The height of the entire building does not exceed 25 feet, or

b. The footprint is broken up by use of one or more wings or ells connected to the main building footprint by a common dimension not to exceed 20 feet in length. See Appendix I, Figures 6A and 6B.

4. Any elevated deck above the first floor is anchored so that there are at least two walls of the building bordering the deck. In no case shall the total area of an elevated deck exceed 1,200 SF.

(Entire Section Added October 6, 2008)