Update On Zoning Ordinance Changes Affecting Department Stores And General Stores
The Town Council voted unanimously on February 11 to approve the Zoning Ordinance changes proposed by the Planning Commission that will make Charlestown less attractive to Box Stores. The Town Solicitor explained at the meeting that the Town cannot legally prohibit corporate chain and franchise stores or apply regulations differently to local applicants. The strategy taken by the Planning Commission is one that treats all applicants equally and will be able to withstand court challenges.
A recent court decision overturned the town’s prohibition of Department Stores in the Old Post Road Traditional Village District because they were not sufficiently different from Convenience Stores in the Town’s Zoning Ordinance definitions. This court action allowed a Box Store to make an application in the Traditional Village District (TVD*). The Planning Commission (PC) turned down the application on the specifics of the plan, not on the court ordered use. The applicant ultimately withdrew their appeal of the PC decision. During the hearing there was an outpouring of strong public opinion and the Zoning Ordinance changes passed on February 11 are in response to those public comments about the appropriate scale of commercial buildings in Charlestown.
Adopted Changes
Provide distinct definitions for department store and general store, and also for supermarket and grocery store/delli based not just on items offered for sale, but on the size of the buildings.
A department store is essentially a general store bigger then 5000 square feet and is proposed to not be allowed in the TVD but would be allowed by Special Use Permit in other C2 and C3 districts. A Super Market would be treated in the same way.
You can read the changes that were approved.
*TVD, the Traditional Village District, is made up of the commercial lots along Old Post Road between Natale Builders and the package store all the way to the South Kingstown border.
February 17, 2019 @ 6:11 pm
As long as the taxpayers of Charlestown, town officers, and public officials embrace the concept of a rural lifestyle where life moves at a moderate pace, large department stores and super markets will have to meet building and zoning standards even outside of the Traditional Village District. Essentially, almost the entire town was singing the same tune. Unity is a cornerstone and strength of this town.
February 17, 2019 @ 9:40 am
First “thank you” for reading my comment in a previous comment about the acronyms, it is much appreciated. Secondly would like to thank you for all the hard work and for all the dedication that CCA puts in to keep the town rural.