For the purposes of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section. Where terms are not defined, they shall have
their ordinarily accepted meanings, or such as the context would ordinarily
imply. State definitions are denoted by the italics.
To physically adjoin at a border, boundary or point with
no intervening land.
One whose property abuts, that is, adjoins at a border, boundary
or point with no intervening land.
[Amended 12-4-2023 by Ord. No. 2023-12]
A residential living unit on the same parcel where the primary use is a legally established single-unit or multi-unit dwelling. An ADU provides complete independent living facilities for one or more persons. It may take various forms, including, but not limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; or a unit that is part of an expanded or remodeled primary dwelling. See Article XXII for further regulations.
[Added 2-6-2012 by Ord. No. 2012-1; amended 12-4-2023 by Ord. No. 2023-12]
An accessory dwelling unit (ADU) for the sole use of one
or more members of the family of the occupant or occupants of the
principal residence.
[Amended 12-4-2023 by Ord. No. 2023-12]
Living quarters within a separate accessory building for
the sole use of persons employed on the premises, or for the temporary
housing, free of charge, of persons visiting the occupant of the principal
building on the premises, such quarters or facilities having no kitchen
facilities and not being rented or otherwise used as a separate dwelling.
An event where people gather at a property on a particular
date and time to engage in a common social activity, where all or
some portion of the activity takes place outdoors, and where the event
is customarily incidental and subordinate to the principal use of
the property. Such events include, but are not limited to, weddings,
wedding receptions, reunions, birthday parties, bar mitzvahs, quinceaneras,
and other similar events.
[Added 5-2-2022 by Ord. No. 2022-8]
A structure located on the same lot as a principal structure
but separate from the principal structure, the use of which is clearly
incidental and secondary to and customarily in connection with the
principal structure.
A use of land or of a building, or portion thereof, customarily
incidental and subordinate to the principal use of the land or building.
An "accessory use" may be restricted to the same lot as the principal
use. An "accessory use" shall not be permitted without the principal
use to which it is related.
The conversion of an existing structure from the use for
which it was constructed to a new use by maintaining elements of the
structure and adapting such elements to a new use.
[Added 12-4-2023 by Ord. No. 2023-12]
The municipal official designated by § 200-6 to administer the Land Development and Subdivision Regulations, § 200-1 et seq., to review and approve qualified applications and/or coordinate with local boards and commissions, municipal staff and state agencies as set forth herein.
[Added 12-4-2023 by Ord. No. 2023-12]
Residential housing that has a sales price or rental amount
that is within the means of a household that is of moderate income
or less. In the case of dwelling units for sale, "housing that is
affordable" means housing in which principal, interest, taxes, which
may be adjusted by state and local programs for property tax relief,
and insurance constitute no more than 30% of the gross household income
for a household with less than 120% of area median income, adjusted
for family size. In the case of dwelling units for rent, housing that
is affordable means housing for which the rent, heat, and utilities,
other than telephone, constitute no more than 30% of the gross annual
household income for a household with 80% or less of area median income,
adjusted for family size. Such housing shall remain affordable for
not less than 30 years from initial occupancy. Affordability time
limits may be accomplished through a land lease and/or deed restriction
for 99 years or such other period that is either agreed to by the
applicant and Town or prescribed by the federal, state, or municipal
government subsidy program but that is not less than 30 years from
initial occupancy.[1]
[Added 2-6-2012 by Ord. No. 2012-1; amended 3-7-2016 by Ord. No. 2016-1; 12-4-2023 by Ord. No. 2023-12]
The Affordable Housing Trust Fund as set forth in Chapter 39 of Barrington's Code of Ordinances.
[Added 2-6-2012 by Ord. No. 2012-1]
Two-sided sign, hinged or attached at the top of the sign
panels, identifying, advertising, or directing attention to a business(es),
product(s), operation(s), or service(s) sold or offered in the building
in front of which the sign is located.[2]
[Added 7-31-2017 by Ord.
No. 2017-10]
Either:
Land suitable for agriculture by reason of suitability of
soil or other natural characteristics or past use for agricultural
purposes. Agricultural land includes that defined as prime farm land
of statewide importance for Rhode Island by the Soil Conservation
Service of the United States Department of Agriculture.
Any structure or portion thereof within which are kept for
use as games, entertainment or other public patronage, two or more
amusement game machines.
A mechanical, electrical or electronic machine or device
which shall be ready for play by the insertion of a coin or token
or by the payment of a fee, and may be operated by the public for
use as a game, for entertainment or for amusement.
Provides the services of a veterinary clinic with more specialized
care and emergency facilities.
[Added 12-4-2023 by Ord. No. 2023-12]
Either a formal request to the Zoning Board of Review to
review a decision of the Building Official/Zoning Enforcement Officer
or other enforcement official or a formal request to the Rhode Island
Superior Court to review a decision of a permitting authority, as
the context may indicate.
[Amended 12-4-2023 by Ord. No. 2023-12]
An owner or authorized agent of the owner submitting
an application or appealing an action of any official, board or agency.
The completed form or forms and all accompanying
documents, exhibits and fees required of an applicant by an approving
authority for development review, approval or permitting purposes as required under the provisions of this chapter.
An establishment for the shared or individual preparation,
display, and sale of individually crafted artwork, jewelry, furniture,
sculpture, pottery, leathercraft, hand-woven articles, and related
items.
[Added 9-11-2017 by Ord.
No. 2017-13]
A residential facility providing personalized support services
and health care, as defined as an assisted-living residence in R.I.G.L.
§ 23-17.4-2(4).
[Added 6-2-1997 by Ord. No. 97-4; amended 3-7-2016 by Ord. No.
2016-1; 12-4-2023 by Ord. No. 2023-12]
A structure containing facilities for the commercial washing
of automobiles.
The use of any building, land area and other premise for
the display and sale of new or used automobiles, panel trucks or vans,
trailers or recreational vehicles.
A structure sheltering the activities of heavy or major automotive
body repairs or painting of commercial and noncommercial vehicles,
including the temporary storage of such repairable and repaired vehicles,
excluding, however, the type of automotive maintenance and repair
work customarily conducted in gas station garages.[3]
A structure sheltering the type of automotive maintenance
and repair work customarily conducted in gas station garages.
[Added 12-4-2023 by Ord. No. 2023-12]
Any temporary or retractable covering or shelter which is
supported entirely from the exterior wall of a building.
[Added 2-6-2012 by Ord. No. 2012-1]
A form of internally illuminated sign consisting of individual
solid letters with internal lighting tubes that backlight the wall
on which the letters are attached, giving a halo effect.
[Added 2-6-2012 by Ord. No. 2012-1]
The number of units that would be allowed on a conservation
development project site using the standard Zoning Ordinance provisions
for the R-40 Zoning District and/or Subdivision Rules and Regulations
as determined by a yield plan.
[Added 2-6-2012 by Ord. No. 2012-1]
Specific area of land and waters designed and intended for
the recreational use or enjoyment of users.
[Added 12-4-2023 by Ord. No. 2023-12]
An outdoor advertising structure with a sign advertising
products not made, sold, used or served on the premises displaying
such sign.
[Added 2-6-2012 by Ord. No. 2012-1]
The Zoning Board of Review of the Town of Barrington.
A facility providing for heavy or major overhaul or repairs
of boats and vessels.
A device used to attach and support a sign face to a building
other than screws or bolts.
[Added 2-6-2012 by Ord. No. 2012-1]
Land which is maintained in either a natural or landscaped
state and is used to screen and/or mitigate the impacts of development
on surrounding areas, properties or rights-of-way.
Any structure used or intended for supporting or
sheltering any use or occupancy.
The three-dimensional space within which a structure
is permitted to be built on a lot and which is defined by regulations
governing building setbacks, maximum height and bulk; by other regulations;
and/or any combination thereof.[4]
For the purpose of calculating maximum sign area of flush-wall
commercial signs, the BFA is the overall vertical facade dimension
(length times height) of the building face of the establishment for
which signage is proposed, excluding roof area.
[Added 7-31-2017 by Ord.
No. 2017-10]
That officer of the Town of Barrington who shall have the
power to issue permits and to institute legal proceedings, both civil
and criminal, through the Town Solicitor on behalf of the Town of
Barrington for violation of any provision of this chapter.
[Amended 12-4-2023 by Ord. No. 2023-12]
A line parallel to the street line at a distance equal to
the depth of the front yard required for the zoning district in which
the lot is located; see "setback line."
As defined under Sec. 21-28.11-3(11) of the Rhode Island
Cannabis Act, an entity licensed to cultivate, process and package
cannabis, to deliver cannabis to cannabis establishments and to transfer
cannabis to other cannabis establishments, but not to consumers.
[Added 11-7-2022 by Ord.
No. 2022-25]
As defined under Sec. 21-28.11-3(14) of the Rhode Island
Cannabis Act, an entity licensed to obtain, manufacture, process and
package cannabis and cannabis products, to deliver cannabis and cannabis
products to cannabis establishments and to transfer cannabis and cannabis
products to other cannabis establishments, but not to consumers.
[Added 11-7-2022 by Ord.
No. 2022-25]
As defined under Sec. 21-28.11-3(16) of the Rhode Island
Cannabis Act, an entity licensed pursuant to § 21-28.11-10.2
to purchase and deliver cannabis and cannabis products from cannabis
establishments and to deliver, sell or otherwise transfer cannabis
and cannabis products to cannabis establishments and to consumers.
[Added 11-7-2022 by Ord.
No. 2022-25]
As defined under Sec. 21-28.11-3(17) of the Rhode Island
Cannabis Act, a third-party analytical testing laboratory that is
licensed annually by the Commission, in consultation with the Department
of Health, to collect and test samples of cannabis and cannabis products
pursuant to regulations issued by the Commission and is: i) independent
financially from any medical cannabis treatment center or any licensee
or cannabis establishment for which it conducts a test; and ii) qualified
to test cannabis in compliance with regulations promulgated by the
Commission pursuant to this chapter. The term includes, but is not
limited to, a cannabis testing laboratory as provided in § 21-28.11-11.
[Added 11-7-2022 by Ord.
No. 2022-25]
The suitability of the land, as defined by geology, soil
conditions, topography, and water resources, to support its development
for uses such as residential, commercial, industrial, open space,
or recreation. Land capacity may be modified by provision of facilities
and services.
[Added 12-4-2023 by Ord. No. 2023-12]
The antenna or antennas from which wireless radio signals
are sent and received by a personal wireless service facility as defined
by the Telecommunications Act of 1996.[5] It may include up to 12 antennas in one array and one
microwave antenna for the exclusive use of the carrier in transmitting
its own signals. It may also include an equipment shelter as an accessory
use. A cellular communications antenna array may be public or private.
[Added 2-6-2012 by Ord. No. 2012-1]
Any antenna used for a private purpose and owned by a private
person, partnership, corporation, organization, association or other
entity subject to taxation, or owned by any church or nonprofit company
or organization.
[Added 2-6-2012 by Ord. No. 2012-1]
Any antenna used for a governmental function or located on
property or structures owned by the United States of America, the
State of Rhode Island, or the Town of Barrington, or any political
subdivision duly authorized to own and operate a cellular communications
array. Public cellular communications array are not to be restricted
by this section, except that the Town Council shall have the option
to seek advisory review by the Technical Review Committee.
[Added 2-6-2012 by Ord. No. 2012-1]
A freestanding structure used for the location of one or
more cellular communications antenna arrays. It may also include an
equipment shelter as an accessory use. A cellular communications tower
may be public or private.
[Added 2-6-2012 by Ord. No. 2012-1]
Any tower structure used for a private purpose and owned
by a private person, partnership, corporation, organization, association
or any entity subject to taxation.
[Added 2-6-2012 by Ord. No. 2012-1]
Any tower structure used for a governmental function or located
on property owned by the United States of America, the State of Rhode
Island, the Town of Barrington, or any political subdivision duly
authorized to own and operate a cellular communications tower.
[Added 2-6-2012 by Ord. No. 2012-1]
Land used for the burial of the dead and dedicated for such
purposes, including columbariums, crematories, mausoleums and mortuaries
when operated as an accessory use to such cemetery.
A notice issued by the Administrative Officer informing an
applicant that the application is complete and meets the requirements
of the municipality's regulations, and that the applicant may proceed
with the review process.
[Added 12-4-2023 by Ord. No. 2023-12]
A site planning technique that concentrates buildings in
specific areas on the site to allow the remaining land to be used
for recreation, common open space and/or preservation of environmentally,
historically, culturally or other sensitive features and/or structures.
The techniques used to concentrate buildings include, but are not
limited to, reduction in lot areas, setback requirements, and/or bulk
requirements, with the resultant open land being devoted by deed restrictions
for one or more uses. Under cluster development, there is no increase
in the number of lots that would be permitted under conventional development
except where ordinance provisions include incentive bonuses for certain
types or conditions of development.
[Amended 12-4-2023 by Ord. No. 2023-12]
Use of a common cellular tower or common site by two or more
license holders or by one license holder for more than one type of
communications technology.
[Added 2-6-2012 by Ord. No. 2012-1]
Any commercial institution providing instructions in subjects
such as art, dancing, driving, gymnastics, martial arts, voice lessons,
and similar uses.
[Amended 5-16-2006 by Ord. No. 2006-2]
Either:
An integrated group of buildings designed for office use,
retail sales and similar commonly associated uses permitted in a Business
District on a site under common ownership.
[Amended 1-10-2000 by Ord. No. 99-13]
An overall plan for placement and design of multiple signs
for a building or group of buildings on a zoning lot.
[Added 7-31-2017 by Ord.
No. 2017-10]
A home or residential facility where children and/or adults
reside in a family setting and may or may not receive supervised care.
This shall not include halfway houses or substance abuse treatment
facilities. This shall include but not be limited to the following:
Whenever six or fewer children or adults with mental, intellectual, or developmental disabilities reside in any type of residence in the Town, as licensed by the state pursuant to Chapter 24 of Title 40.1 of the General Laws of Rhode Island;
[Amended 12-4-2023 by Ord. No. 2023-12]
A group home providing care or supervision, or both, to not more than eight persons that are disabled or have a mental or physical disability, and licensed by the state pursuant to Chapter 24 of Title 40.1 of the General Laws of Rhode Island;
[Amended 12-4-2023 by Ord. No. 2023-12]
A residence for children providing care or supervision,
or both, to not more than eight children, including those of the care
giver, and licensed by the state pursuant to Chapter 72.1 of Title
42 of the General Laws of Rhode Island;
A community transitional residence providing
care or assistance, or both, to no more than six unrelated persons
or no more than three families, not to exceed a total of eight persons,
requiring temporary financial assistance, and/or to persons who are
victims of crimes, abuse or neglect, and who are expected to reside
in that residence not less than 60 days nor more than two years. Residents
will have access to and use of all common areas, including eating
areas and living rooms, and will receive appropriate social services.
As defined in R.I.G.L. § 21-28.6-3, a not-for-profit
corporation, subject to the provisions of Chapter 6 of Title 7, and
registered under § 21-28.6-12, that acquires, possesses,
cultivates, manufactures, delivers, transfers, transports, supplies
or dispenses marijuana, and/or related supplies and educational materials,
to patient cardholders, and/or their registered caregiver cardholder,
who have designated it as one of their primary caregivers.
[Added 4-3-2017 by Ord.
No. 2017-4]
The comprehensive plan of the Town, adopted and approved
pursuant to Title 45 Chapter 22.2 of the General Laws of Rhode Island,
and to which the provisions of this chapter shall be in compliance.
A building or buildings located on the same lot, operated
on a nonprofit basis, providing a continuum of health care ranging
from independent living to skilled nursing care for residents over
the age of 62; provided that such facility includes a nursing home
component of not more than 60 beds, the ratio of independent and other
living units to nursing beds is not greater than 3:1, and congregate
dining facilities are provided.
A residential development in which the buildings are clustered
together so as to accommodate residential growth while preserving
at least 35% of the parcel as meaningful open space in perpetuity.
[Added 2-6-2012 by Ord. No. 2012-1]
A requirement of all local land use regulations which means
that all these regulations and subsequent actions are in accordance
with the public policies arrived at through detailed study and analysis
and adopted by the municipality as the comprehensive community plan
as specified in R.I.G.L. § 45-22.2-3.[6]
[Added 12-4-2023 by Ord. No. 2023-12]
A building or buildings that include upper-story residential
and first-floor spaces designed to readily convert from residential
apartments to business uses (or vice versa) as real estate market
demand allows. Specific business uses allowed in a convertible space
will be governed by the uses allowed in the underlying zoning.
[Added 9-11-2017 by Ord.
No. 2017-13]
A development composed of small, detached single-family and/or
duplex dwelling units, not to exceed 1,650 square feet of living space,
clustered around common open space or a courtyard.
[Added 2-6-2012 by Ord. No. 2012-1; amended 3-7-2016 by Ord. No. 2016-1
Any nonprofit museum, library or art gallery, and other similar
use.
A service business that prepares, services, handles, stores
or processes information through the use of special equipment and
techniques, such as with computers and/or office business machines.
Any day-care center which is other than a family
day-care home.
Any home other than the individual's home in which
day care in lieu of parental care or supervision is offered at the
same time to six or fewer individuals who are not relatives of the
care giver, but may not contain more than a total of eight individuals
receiving day care.
Calendar days.
[Added 12-4-2023 by Ord. No. 2023-12]
The number of dwelling units per unit of land.
The construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any structure; any mining,
excavation, landfill or land disturbance; any change in use, or alteration
or extension of the use, of land.
Design or site plan review of a development of a permitted use to encourage development to comply with design and/or performance standards of the community pursuant to § 185-151. Development plan review applications are formal or administrative as detailed in both Article XXIV of this chapter and in the Land Development and Subdivision Review Regulations, § 200-1 et seq.
[Amended 12-4-2023 by Ord. No. 2023-12]
Zoning, subdivision, land development plan, development plan
review, historic district, official map, floodplain regulation, soil
erosion control or any other governmental regulation to the use and
development of land.
[Added 12-4-2023 by Ord. No. 2023-12]
See "zoning use district."
A building used as a group living quarters for a student
body, resident faculty or religious order as an accessory use for
a college, university, boarding school, orphanage, convent, monastery
or other similar institutional use.
A system for the removal of water from land by drains, grading
or other appropriate means. These techniques may include runoff controls
to minimize erosion and sedimentation during and after construction
or development, the means for preserving surface and ground waters
and the prevention and/or alleviation of flooding.
A building or facility used primarily for dry cleaning clothing
and garments. This is a separate use from a dry-cleaning drop-off
service (see Personal convenience services).
[Added 12-4-2023 by Ord. No. 2023-12]
A house containing two dwelling units adjoining side by side;
that is, in which no part of one dwelling unit is over any part of
the other dwelling unit. A duplex shall be considered as one principal
building occupying one lot for the purpose of determining yard requirements.
[Added 2-6-2012 by Ord. No. 2012-1]
A building used exclusively for occupancy by one family.
A building used exclusively for occupancy by two families
living independently of each other either as a duplex or with one
unit built over the other.
[Amended 2-6-2012 by Ord. No. 2012-1]
A structure or portion thereof providing complete, independent
living facilities for one or more persons, including permanent provisions
for living, sleeping, eating, cooking and sanitation, and containing
a separate means of ingress and egress.
Natural features, resources, or land characteristics that
are sensitive to change and may require conservation measures or the
application of special development techniques to prevent degradation
of the site, or may require limited development, or in certain instances,
may preclude development. See also physical constraints to development.
[Added 12-4-2023 by Ord. No. 2023-12]
An enclosed structure, cabinet, shed or box used as an accessory
to a cellular communications antenna array to house electrical equipment,
batteries and emergency electrical generators directly related to
such antenna array. No other uses, including storage, shall be permitted
in any equipment shelter.
[Added 2-6-2012 by Ord. No. 2012-1]
The extraction of minerals, including: solids, such as coal
and ores; liquids, such as crude petroleum; and gases, such as natural
gases. The term also includes quarrying; well operation; milling,
such as crushing, screening, washing and flotation; and other preparation
customarily done at the extraction site or as a part of the extractive
activity.
A person, or persons, related by blood, marriage or other
legal means, including, but not limited to, a child, parent, spouse,
mother-in-law, father-in-law, grandparents, grandchildren, domestic
partner, sibling, care recipient, or member of the household.
[Amended 12-4-2023 by Ord. No. 2023-12]
The raising and keeping of cattle, horses, sheep or goats
(but not swine, poultry or fur animals, or kennels for the raising
or keeping of dogs or cats), and the growing of all agricultural products
for commercial purposes, including fruits, vegetables, hay and grain;
provided, however, that all structures used wholly or in part for
the keeping or raising of animals or livestock shall be located a
minimum of 100 feet from the nearest adjoining lot line.
The retail sale of food and beverages served in disposable
containers and selected by patrons from a limited number of prepared
specialized items, including but not limited to hamburgers, chicken,
fish and chips, tacos and hot dogs, for consumption either on or off
the premises in a facility where all or a substantial portion of the
sales is by stand-up or drive-through service. Such use, however,
shall not include bakeries, delicatessens or such similar types of
retail establishments.
[Added 1-10-2000 by Ord. No. 99-13]
The final drawing(s) of all or a portion of a subdivision to be recorded after approval by the Planning Board and any accompanying material as described in the Land Development and Subdivision Regulations, § 200-1 et seq., and/or required by the Planning Board.
[Added 12-4-2023 by Ord. No. 2023-12]
Any banner not commercial in nature.
[Added 2-6-2012 by Ord. No. 2012-1]
An unmapped zoning district adopted within this chapter
which is established on the Zoning Map only when an application for
development, meeting the zone requirements, is approved.
An area that is subject to a flood from a storm having a
one-percent (1%) chance of being equaled or exceeded in any given
year, as delineated on a community's flood hazard map as approved
by the Federal Emergency Management Agency pursuant to the National
Flood Insurance Act of 1968, as amended [Pub. L. No. 90-448, as amended
(Pub. L. No. 90-448), 42 U.S.C. § 4011 et seq)].
[Amended 12-4-2023 by Ord. No. 2023-12]
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. Freeboard tends to compensate
for the many unknown factors that could contribute to flood heights
greater than the height calculated for a selected size flood and floodway
conditions, such as wave action, bridge openings, and the hydrological
effect of urbanization of the watershed.
[Added 12-4-2023 by Ord. No. 2023-12]
A temporary seasonal structure used for the sale of fruits,
vegetables, or agricultural products that is sited on the lot on which
the products being offered for sale have been grown or reared. The
square footage of the stand shall not exceed 50 square feet in footprint.
[Added 12-4-2023 by Ord. No. 2023-12]
A place, establishment, or premises, licensed by the State
of Rhode Island, devoted to the activities that are incident, convenient,
or related to the care and preparation, arrangement, financial and
otherwise, for the funeral, transportation, burial, or other disposition
of human dead bodies and including, but not limited to, a suitable
room with all instruments and supplies used for the storage or preparation
of dead human bodies for burial or other disposition. Also referred
to as a mortuary in this chapter.
[Added 12-4-2023 by Ord. No. 2023-12]
A detached accessory building or portion of a main building,
used for the storage of self-propelled vehicles.
A building, structure or premises where motor vehicular fuel
is stored for sale to the public and where other sales activities
and any motor vehicle repairs and maintenance which are customarily
accessory to the sale of motor vehicle fuel, oil and lubricants are
carried on, including the temporary storage of such repairable and
repaired vehicles.
A parcel used for golf purposes, including fairways, greens,
tennis, squash and related sports facilities, pool, restaurants and
banquet facilities, and/or maintenance facilities.
[Added 12-4-2023 by Ord. No. 2023-12]
The Barrington Town Council, having the power to adopt ordinances,
accept public donations, release public improvement guarantees, and
collect fees.
[Added 12-4-2023 by Ord. No. 2023-12]
A building or structure owned, operated, or occupied by a
governmental agency to provide a public service to the public.
[Added 2-6-2012 by Ord. No. 2012-1]
See R.I. State Building Code.
[Added 2-6-2012 by Ord. No. 2012-1; amended 12-4-2023 by Ord. No. 2023-12]
"Groundwater" and associated terms, as defined in
§ 46-13.1-3 of the Rhode Island General Laws (R.I.G.L.).
A residential facility for adults or children who
have been institutionalized for criminal conduct, and who require
a group setting to facilitate the transition to a functional member
of society.
See Article XIII of this chapter.
As defined in Rhode Island General Laws § 23-19.1-4,
as amended from time to time.
As defined in Rhode Island General Laws § 23-19.1-4,
as amended from time to time.
As defined in Rhode Island General Laws Section 23-19.1-4,
as amended from time to time.
Any institutional health service provider, facility or institution,
place, building, agency or portion thereof, whether a partnership
or corporation, whether public or private, whether organized for profit
or not, used, operated or engaged in providing health care services,
including but not limited to hospitals; skilled nursing facilities;
intermediate care facilities; home health agencies; rehabilitation
centers; kidney disease treatment centers; health maintenance organizations;
freestanding emergency care facilities; facilities providing surgical
treatment to patients not requiring hospitalization; and hospice care.
The term "health care facility" also includes organized ambulatory
care facilities which are not part of a hospital but which are organized
and operated to provide health care services to outpatients, such
as central services facilities serving more than one health care facility
or health care provider, treatment centers, diagnostic centers, rehabilitation
centers, outpatient clinics, infirmaries and health centers, and neighborhood
health centers.
Any school, institute, class or instruction for the teaching
of industrial or heavy mechanical skills where heavy machinery of
an industrial or manufacturing nature is used on the site as a means
of instruction.
For a vacant parcel of land, building height shall be measured
from the average, existing -grade elevation where the foundation of
the structure is proposed. For an existing structure, building height
shall be measured from average grade taken from the outermost four
corners of the existing foundation. In all cases, building height
shall be measured to the top of the highest point of the existing
or proposed roof or structure. This distance shall exclude spires,
chimneys, flagpoles, and the like. For any property or structure located
in a special flood hazard area, as shown on the official FEMA (Federal
Emergency Management Agency) Flood Insurance Rate Maps (FIRMs), or
depicted on the Rhode Island Coastal Resources Management Council
(CRMC) -suggested design elevation three-foot-sea-level-rise (CRMC
SDE 3 SLR) map as being inundated during a 100-year storm, the greater
of the following amounts, expressed in feet, shall be excluded from
the building height calculation:
[Added 2-6-2012 by Ord. No. 2012-1; amended 4-6-2020 by Ord. No.
2020-5]
The base flood elevation on the FEMA FIRM plus up to five feet
of any utilized or proposed freeboard, less the average existing grade
elevation; or
The suggested design elevation as depicted on the CRMC SDE 3
SLR map during a 100-year storm, less the average existing grade elevation.
CRMC shall reevaluate the appropriate suggested design elevation map
for the exclusion every 10 years, or as otherwise necessary.
The distance measured from ground level to the highest point
on a cellular communications tower, including the cellular communications
antenna array.
[Added 2-6-2012 by Ord. No. 2012-1]
Any private area used for the landing and taking off of a
helicopter engaged in the personal or business operations of the person
or company maintaining such heliport for the purposes of picking up
and discharging of passengers or cargo, but not including fueling,
repair or service facilities. The term "heliport" shall include but
not be limited to: helipad, touchdown area, takeoff area, landing
area, peripheral area, storage area or garage or hangar and helicopter
landing facility.
Any university, college, junior college or similar public
or nonprofit private educational organization or institution for post-high-school
training and education, including secretarial, business, trade, technical
and professional education.
[Amended 5-16-2006 by Ord. No. 2006-2]
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites, and which has been registered or is
deemed eligible to be included on the State Register of Historic Places
pursuant to § 42-45-5 (R.I.G.L.).
Any real property, structure, natural object, place, landmark,
landscape, archaeological site or configuration or any portion or
group of the preceding which has been listed on the federal or state
register of historic places or that is considered by the Rhode Island
Historical Preservation & Heritage Commission to meet the eligibility
criteria for listing on the state register of historic places pursuant
to R.I.G.L. § 42-45-5 or is located in a historic district
established by a municipality in accordance with Chapter 24.1 of R.I.G.L.
Title 45, Historic Area Zoning.
[Added 12-4-2023 by Ord. No. 2023-12]
Any real property, human-made structure, natural object or
configuration or any portion or group of the foregoing which has been
registered or is deemed eligible to be included on the State Register
of Historic Places pursuant to § 42-45-5 (R.I.G.L.).
Any activity customarily carried out for gain by a resident,
conducted as an accessory use in the resident's dwelling unit.
A health care facility with an organized medical staff providing
twenty-four-hour inpatient services for the diagnosis, care and treatment
of two or more individuals unrelated by blood or marriage.
A building of more than two stories in height, subject, however, to the maximum height limitations of Article VI of this chapter, located on a site of not less than three acres, and containing units for transient or overnight lodging without individual kitchen facilities. Such use may contain accessory facilities, including but not limited to a restaurant, a swimming pool and other recreation facilities.
One or more persons living together in a single dwelling
unit, with common access to, and common use of, all living and eating
areas and all areas and facilities for the preparation and storage
of food within the dwelling unit. The term "household unit" shall
be synonymous with the term "dwelling unit" for determining the number
of such units allowed within any structure on any lot in a zoning
district. An individual household shall consist of any one of the
following:
Under Sec. 21-28.11-3(28) of the Rhode Island Cannabis Act,
a compassion center licensed pursuant to Chapter 28.6 of Title 21
that is in good standing with the Department of Business regulation
and that has paid the fee pursuant to § 21-28.11-10 and has been
authorized to sell nonmedical or adult use cannabis to consumers.
[Added 11-7-2022 by Ord.
No. 2022-25]
Any natural or built item which becomes part of, is placed
upon, or is affixed to, real estate.
[Added 12-4-2023 by Ord. No. 2023-12]
A security instrument accepted by a municipality to ensure
that all improvements, facilities, or work required by the land development
and subdivision regulations, or required by the municipality as a
condition of approval, will be completed in compliance with the approved
plans and specifications of a development. See R.I.G.L. § 45-23-46.
[Added 12-4-2023 by Ord. No. 2023-12]
The process whereby additional development capacity is granted
in exchange for a developer's provision of a public benefit or amenity
as specified in this chapter.
A facility for burning of refuse, organic material, garbage
or other waste or by-products of any nature.
An agreement recorded in the Town's Land Evidence Records
describing how the developer will comply with the provisions of this
article.
[Added 2-6-2012 by Ord. No. 2012-1]
A plan setting forth, in detail, the manner in which the
provisions of this article will be implemented.
[Added 2-6-2012 by Ord. No. 2012-1]
An affordable housing unit, as defined in this article.
[Added 2-6-2012 by Ord. No. 2012-1]
The teaching, tutoring, instruction or counseling of no more
than one individual at any one time in any educational, scholastic,
artistic, musical or self-help or self-improvement subject, as an
accessory use to the principal residential use.
A facility providing for indoor activities of a recreational,
games or sporting nature done on a commercial or for-profit basis,
including, without limitation, bowling alleys and dancing facilities,
pool halls and similar facilities.
All manufacturing, assembling or storage of materials causing
noise, odor, traffic, pollution, discharge of hazardous waste or material
or any other condition that could be incompatible with or deleterious
to a residential neighborhood, except as otherwise expressly permitted
by this chapter. "Industrial activity" includes but is not limited
to the following: all manufacturing and assembling activities that
are not a "limited manufacturing activity;" chemical (including without
limitation acids, alcohols, paints, coatings, solvents, soaps and
rubber), natural gas or petroleum distillation, refining, fractionation,
processing or manufacture; animal or seafood rendering or slaughtering,
or associated refining, processing or manufacturing except as necessary
for retail sales within the Town; asphalt manufacture or refining;
automotive or vehicle manufacture or assembly; petroleum, coal, rubber,
bituminous, concrete, cement, lime, gypsum or plaster of paris products
processing, manufacture or production; brass, iron, steel, foundry
steel or other metal or ore furnace, rolling mill, manufacture, melting
or processing operations; brewery or distillery; brick, tile, terra-cotta
or cinder block manufacture; explosives assembly, manufacture or storage;
fertilizer or glue manufacture; loam or soil stripping except in connection
with new construction on the same site; mining or crushing of sand,
stone, gravel or rocks; plating and associated activities; and the
printing, dyeing, bleaching, processing or manufacture of textiles
or raw materials used in textiles.
Facilities and services needed to sustain residential, commercial,
industrial, institutional and other activities.
Real property including improvements and fixtures on, above,
or below the surface.
[Added 12-4-2023 by Ord. No. 2023-12]
A project in which one or more lots, tracts, or parcels of
land or a portion thereof are developed or redeveloped as a coordinated
site for one or more uses, units, or structures, including but not
limited to, planned development or cluster development for residential
commercial, institutional, recreational, open space, or mixed uses.
The local regulations shall include all requirements, procedures and
standards necessary for proper review and approval of land development
projects to ensure consistency with this chapter and the Rhode Island
Zoning Enabling Act.
[Amended 12-4-2023 by Ord. No. 2023-12]
MINOR LAND DEVELOPMENT PROJECTA land development project as defined in the Land Development and Subdivision Regulations, § 200-1 et seq. The process by which minor land development projects are reviewed by the Planning Board, technical review committee and/or Administrative Officer is set forth in the Land Development and Subdivision Regulations, § 200-1 et seq.
MAJOR LAND DEVELOPMENT PROJECTA land development project which exceeds the thresholds for a minor land development project as set forth in this section and chapter or the Land Development and Subdivision Regulations, § 200-1 et seq. The process by which major land development projects are reviewed by the Planning Board, Technical Review Committee or Administrative Officer is set forth in the Land Development and Subdivision Regulations, § 200-1 et seq.
A rule or statute of general application adopted by the municipal
legislative body which controls, directs, or delineates allowable
uses of land and the standards for these uses.
[Added 12-4-2023 by Ord. No. 2023-12]
Low-intensity manufacturing or assembly operations that do
not include any of the following: outdoor storage of materials; operations,
work or activity between the hours of 6:00 p.m. and 6:00 a.m.; the
release of any emission, pollution or hazardous waste or material
into the air, ground or water; and the production of noise, odor,
traffic or congestion that could be incompatible with or deleterious
to a residential neighborhood. Such "limited manufacturing activities"
may include the following: arts and crafts manufacturing and assembly;
creation of computer software; assembly of electronic products; and
assembly of jewelry, optical devices, scientific, medical, engineering
or precision instruments, devices or machines.
A building or space within a building used jointly for business
and residential purposes where the residential use of the space is
secondary or accessory to the primary use as a place of work. Specific
business uses allowed in a live-work space will be governed by the
uses allowed in the underlying zoning.
[Added 9-11-2017 by Ord.
No. 2017-13]
The total floor areas of rooms used or intended to be used
for living, sleeping, cooking or eating, excluding bathrooms, lavettes,
laundries, pantries, closets, storage spaces, foyers, breezeways,
stairways, porches, basements and cellars, and any area with less
than five feet clear headroom.
Any Town or city official, zoning board of review, planning
board or commission, board of appeal or zoning enforcement officer,
local conservation commission, historic district commission, or other
municipal board having supervision of the construction of buildings
or the power of enforcing land use regulations, such as subdivision
or zoning laws.
[Added 2-6-2012 by Ord. No. 2012-1]
Any governmental agency authorized by this chapter to exercise
the power granted by this chapter.
[Added 12-4-2023 by Ord. No. 2023-12]
Either:
The basic development unit for determination
of lot area, depth and other dimensional regulations; or
A parcel of land whose boundaries have been
established by some legal instrument such as a recorded deed or recorded
map, and which is recognized as a separate legal entity for purposes
of transfer of title.
The total area within the boundaries of a lot, excluding
any street right-of-way, usually reported in acres or square feet.
The total area within boundaries of a lot, excluding any
street right-of-way, usually reported in acres or square feet.
[Added 12-4-2023 by Ord. No. 2023-12]
That portion of the lot that is or may be covered by buildings
and accessory buildings. For the purposes of this chapter, swimming
pools and tennis courts shall not be considered in the measurement
of lot coverage as an accessory use to single-family dwellings.
A lot at the junction of and fronting on two or more intersecting
streets which intersect at an angle of less than 135º.
The distance measured from the front lot line to the rear
lot line. For lots where the front and rear lot lines are not parallel,
the lot depth is an average of the depth.
That portion of a lot abutting a street. Section 185-28A specifies how noncontiguous frontage will be considered with regard to minimum frontage requirements.
[Amended 12-4-2023 by Ord. No. 2023-12]
A line of record, bounding a lot, which divides one lot from
another lot, or from a public or private street or any other public
or private space, and shall include:
REARThe lot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, an assumed line at least 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line; and
SIDEAny lot line other than a front or rear lot line. On a corner lot, one side lot line will also be a street lot line.
See "lot area, minimum."
[Added 12-4-2023 by Ord. No. 2023-12]
A lot which fronts upon two parallel streets, or which fronts
upon two streets which do not intersect at the boundaries of the lot.
The horizontal distance between the side lines of a lot measured
at right angles to its depth, along a straight line parallel to the
front lot line at the minimum front setback line.
Shall be synonymous with "affordable housing" as defined
in R.I.G.L § 42-128-8.1 and further means of housing, whether
built or operated by any public agency or any nonprofit organization
or by any limited equity housing cooperative or any private developer,
that is subsidized by a federal, state, or municipal government subsidy
under any program to assist the construction or rehabilitation of
housing affordable to low- or moderate-income households, as defined
in the applicable federal or state statute, or local ordinance, and
that will remain affordable through a land lease and/or deed restriction
for 99 years or such other period that is either agreed to by the
applicant and Town or prescribed by the federal, state, or municipal
government subsidy program but that is not less than 30 years from
initial occupancy.
[Added 2-6-2012 by Ord. No. 2012-1; amended 12-4-2023 by Ord. No. 2023-12]
Any security instrument which may be required and accepted
by a municipality to ensure the necessary improvements will function
as required for a specific period of time. See "improvement guarantee."
[Added 12-4-2023 by Ord. No. 2023-12]
Includes travel trailers, pickup campers or coaches, motorized
dwellings, tent trailers, boats and boat trailers and other recreational
vehicles, campers and motor homes in excess of 26 feet, but does not
include "trailer or house trailer" or "mobile home" as defined herein.
A complex of boating facilities designed as a unit, including
such facilities as permanent slips, launching ramps, boat rentals,
ships' stores, minor repairs and accommodations for eating, winter
storage and boat sales, and excluding major overhaul and repair.
An overall plan for a proposed project site outlining general, rather than detailed, development intentions. It describes the basic parameters of a major development proposal, rather than giving full engineering details. Required in major land development or major subdivision review only. It is the first formal review step of the major land development or major subdivision process and the step in the process in which the public hearing is held. See the Land Development and Subdivision Regulations, § 200-1 et seq.
[Added 12-4-2023 by Ord. No. 2023-12]
Any entity that, under state law, may acquire, possess, cultivate,
manufacture, deliver, transfer, transport, or supply marijuana to
a registered compassion center or other entity authorized to dispense
marijuana.
[Added 4-3-2017 by Ord.
No. 2017-4]
Any retail or commercial establishment, or club, whether
for-profit, nonprofit, or otherwise, at which the sale or use of medical
marijuana takes place. This shall include, without limitation, any
so-called "vape lounge," "vapor lounge," or any other establishment
at which medical marijuana is consumed in vaporized form. This shall
not include a compassion center or medical marijuana cultivation center
regulated and licensed by the State of Rhode Island, as defined herein.
[Added 4-3-2017 by Ord.
No. 2017-4]
An "alzheimer's/dementia special-care unit or program," as
defined in R.I.G.L. § 23-17.4-2(3).
[Added 3-7-2016 by Ord.
No. 2016-1]
See Article XIII of this chapter.
A combination of zoning use districts which have been designated
for the merger of substandard lots under contiguous ownership.
A mixture of land uses within a single development, building
or tract.
A structure which contains commercial space on the first
floor at street level and which also includes one or more residential
units which are located on an upper story or stories of the structure
and separated completely from the commercial uses.
[Added 11-13-2000 by Ord. No. 2000-7; amended 2-6-2012 by Ord. No. 2012-1]
A structure which is used for both residential and commercial
purposes, each of which is totally separated from the other. In a
mixed use residential structure, there shall be no more than one residential
unit and no more than one commercial unit.
A single-family dwelling designed to be transported, after
fabrication, on streets and highways, and arriving at a site where
it is to be occupied as a dwelling complete and ready for occupancy,
except for incidental unpacking and assembly operation, location on
jacks or permanent foundations and connection to utilities.
Permission granted and administered by the Building Official/Zoning Enforcement Officer to grant a dimensional variance, other than lot area, from the requirements of this chapter, but not to exceed 15% of each of the applicable dimensional requirements. Modifications are not permitted by this chapter. See § 185-40 of this chapter.
[Amended 12-4-2023 by Ord. No. 2023-12]
See "funeral home."
[Added 12-4-2023 by Ord. No. 2023-12]
A one- or two-story building intended and designed solely
for transient or overnight occupancy, divided into separate units
within the same building and with or without public dining room facilities.
A building consisting of three or more separate dwelling
units and/or townhouses, row houses, apartments and/or condominiums.
[Added 7-25-1994; amended 2-6-2012 by Ord. No.
2012-1]
Assistance that is made available through a city or town
program sufficient to make housing affordable, as affordable housing
is defined in R.I.G.L. § 42-128-8.1(d)(1); such assistance
shall include a combination of, but is not limited to, direct financial
support, abatement of taxes, waiver of fees and charges, and approval
of density bonuses and/or internal subsidies, zoning incentives, and
adjustments as defined in this section and any combination of forms
of assistance.
[Added 12-4-2023 by Ord. No. 2023-12]
A restaurant, as defined herein, with no more than 30 seats; subject to performance standards set forth in § 185-73.1.
[Added 4-1-2019 by Ord.
No. 2019-2; amended 12-4-2023 by Ord. No. 2023-12]
A building, structure or parcel of land, or use thereof,
lawfully existing at the time of the adoption or amendment of this
chapter and not in conformity with the provisions of this chapter
or amendment. Nonconformance shall be of only two types:
NONCONFORMING BY USEA lawfully established use of land, building or structure which is not a permitted use in the zoning district in which it is located, and including a building or structure containing more dwelling units than are permitted under the use regulations of this chapter.
NONCONFORMING BY DIMENSIONA building, structure or parcel of land not in compliance with the dimensional regulations of this chapter, and including a building or structure containing a permitted number of dwelling units under the use regulations of this chapter, but not meeting the lot area per dwelling unit regulations.
A facility providing primarily educational instruction and
training to pre-kindergarten children two years of age and older,
provided that such facility shall be licensed by all appropriate state
or other governmental agencies.
A building used primarily for conducting office and clerical
work, recordkeeping and similar such work for a business, profession,
service, industry, government or like activity.
Any parcel or area of land or water set aside, dedicated,
designated, or reserved for public or private use or enjoyment or
for the use and enjoyment of owners and occupants of land adjoining
or neighboring the open space; provided that the area may be improved
with only those buildings, structures, streets, and off-street parking,
and other improvements that are designed to be incidental to the natural
openness of the land.
[Amended 12-4-2023 by Ord. No. 2023-12]
The storage outside of a completely enclosed structure of
any commodity, equipment, supplies, material or substances related
to a business or industrial use.
A property where the principal use is as a venue for social
gatherings such as weddings, wedding receptions, reunions, birthday
parties, bar mitzvahs, quinceaneras, and other similar events, where
all or some portion of the event takes place outdoors.
[Added 5-2-2022 by Ord. No. 2022-8]
The portion of a business premise operated as a restaurant
not located within any completely enclosed structural or interior
portion of the building in which the restaurant is located, or of
which it is a part, and which outdoor area consists of tables, chairs,
or both, counter tops, stools or other seating arrangements used for
the consumption of food, beverage, or both.
A district established in this chapter that is superimposed
on one or more districts or parts of districts, and that imposes specified
requirements in addition to, but not less than, those otherwise applicable
for the underlying zone.
The owner or owners of record as recorded in the records
of land evidence of the Town.
A lot, or contiguous group of lots in single ownership or
under single control, and usually considered a unit for purposes of
development. Also referred to as a tract.
[Added 12-4-2023 by Ord. No. 2023-12]
Specific area of land designed and intended for the recreational
use or enjoyment of users.
[Added 12-4-2023 by Ord. No. 2023-12]
Parking lots that are free of charge to anyone to encourage
public transit or carpool. All vehicles are parked at the owner's
risk.
[Added 12-4-2023 by Ord. No. 2023-12]
All that portion of a development that is used by vehicles,
the total area used for vehicular access, circulation, parking, loading
and unloading.
[Amended 12-4-2023 by Ord. No. 2023-12]
A set of criteria or limits relating to elements which a
particular use or process either must meet or may not exceed.
A use by right which is specifically authorized in a particular
zoning district.
The local agency of government, meaning any board, commission
or administrative officer specifically empowered by state enabling
law and local regulation or ordinance to hear and decide on specific
matters pertaining to local land use.
[Added 12-4-2023 by Ord. No. 2023-12]
Any business or commercial activity, such as a barber- or
beauty shop, clothes-cleaning pickup or pressing establishment, dressmaking
or tailoring service, self-service laundry or dry cleaning dropoff,
shoe repair, tanning salon, or any similar activity providing for
the care of the person or their apparel.
[Amended 5-16-2006 by Ord. No. 2006-2; 2-6-2012 by Ord. No.
2012-1; 12-4-2023 by Ord. No. 2023-12]
Development, usually for large-scale projects, where construction
of public and/or private improvements proceeds by sections subsequent
to approval of a master plan for the entire site.
[Added 12-4-2023 by Ord. No. 2023-12]
Characteristics of a site or area, either natural or man-made,
which present significant difficulties to construction of the uses
permitted on that site, or would require extraordinary construction
methods. See also "environmental constraints."
[Added 12-4-2023 by Ord. No. 2023-12]
Any type of auditorium, theater, stadium, assembly, exhibition
or convention hall, publicly supported and maintained sports arena,
gymnasium, swimming pool and other similar place of assembly.
A land development project, as defined herein, and developed
according to plan as a single entity and containing one or more structures
and/or uses with appurtenant common areas.
The official planning agency of the Town of Barrington, designated
as the Planning Board of the Town of Barrington and established by
the municipality under Chapter 22 of R.I.G.L. Title 45.
[Amended 12-4-2023 by Ord. No. 2023-12]
An initial meeting between developers and municipal representatives
which affords developers the opportunity to present their proposals
informally and to receive comments and directions from municipal officials
and others. See R.I.G.L. § 45-23-35.
[Amended 12-4-2023 by Ord. No. 2023-12]
A lot or contiguous group of lots or parcel of land, together
with all buildings, structures and uses thereon.
Any nonpublic nursery school, kindergarten, elementary (1-8),
secondary (9-12) school.
[Amended 5-16-2006 by Ord. No. 2006-2]
Office or studio in a dwelling of a physician, surgeon, dentist,
attorney, engineer, architect, auditor, accountant or other professional
person licensed by law or certified by a recognized professional society
or agency and providing professional services, residing on the premises,
having no more than two nonresident associates or employees and not
offering commodities for sale.
The designated, private, not-for-profit membership corporation
established by a developer with the approval of the Town Council to
own, operate and maintain various common properties that may exist
as part of a cluster development or other common property ownership
covenants. Membership in such corporation shall run with the land,
meaning that a homeowner is automatically a member of the association.
Any street or other roadway, sidewalk, pedestrian way, tree,
lawn, off-street parking area, drainage feature, or other facility
for which the local government or other governmental entity either
is presently responsible, or will ultimately assume the responsibility
for maintenance and operation upon municipal acceptance.
[Added 12-4-2023 by Ord. No. 2023-12]
Any kindergarten, elementary, middle, junior high or high
school established and operated by the Town.
A public service corporation, either private or governmental,
supplying or transmitting gas, electricity, transportation, water
or communications to any or all members of the public.
Dry-storage of boats intended for recreational use other than as permitted in § 185-82.
[Added 12-4-2023 by Ord. No. 2023-12]
A building or facility for the purpose of collecting and
sorting recyclable materials.
[Added 12-4-2023 by Ord. No. 2023-12]
A building or structure, or groups of buildings or structures,
which are primarily intended for the conducting of organized religious
services and accessory uses associated therewith.
A building or premises where food and beverages are prepared
and served or sold to persons ready for immediate consumption either
on the premises or on a take-out basis; for purposes of this definition,
the term "restaurant" shall include take-out establishments and coffee
or donut shops, so-called, even if no space is set aside for persons
to consume food or beverages on the premises.
A licensed land disposal site employing an engineered method
of disposal of solid waste in a manner that absolutely minimizes environmental
hazards, including: spreading the solid waste in thin layers, compacting
the solid waste to the smallest practical volume; and applying cover
material at the end of each operating day, or at such more frequent
intervals as may be necessary. A sanitary landfill shall also mean
a solid waste landfill.
[Added 12-4-2023 by Ord. No. 2023-12]
Any instrument designed or used for the reception of television
or radio communications relayed from earth-orbiting satellites or
other transmitting media.
Space for one person to sit.
Housing units as part of a senior residential community,
with covenants restricting occupancy to at least one person 55 years
of age and older, pursuant to the "housing for older persons" exemption
of the federal Fair Housing Act, as amended.
[Added 2-6-2012 by Ord. No. 2012-1; amended 3-7-2016 by Ord. No. 2016-1]
A building consisting of three or more senior housing apartments
and/or condominiums.
[Added 3-7-2016 by Ord.
No. 2016-1]
A planned cottage housing development consisting entirely of senior housing on a single lot, including facilities containing limited support services for the residents of the development, as described in Article XXX.
[Added 2-6-2012 by Ord. No. 2012-1; amended 12-4-2023 by Ord. No. 2023-12]
An accessory use to a nursing home, assisted-living facility,
and/or memory-care facility, used to train current and future employees
in the skills necessary for such uses. It may include classrooms and
other educational support facilities, including meeting facilities
for conferences relating to the activities conducted in the facility.
This shall not exceed 5% of the square footage of the total square
footage of the principal use structures.
[Added 3-7-2016 by Ord.
No. 2016-1]
A line or lines parallel to a lot line at the minimum distance
of the required setback for the zoning district in which the lot is
located, that establishes the area within which the principal structure
must be erected or placed.
The approved use of the same off-street parking spaces for
two or more uses where peak parking demand of the different uses occurs
at different times of the day, or where various uses are visited without
moving the automobile; and where the division of parking spaces is
a net decrease from the combined total of each use's individual off-street
parking requirements, if required separately.
[Added 2-6-2012 by Ord. No. 2012-1]
A group of three or more contiguous commercial establishments,
planned, developed, owned and managed as a single unit with off-street
parking provided on the lot or parcel.
[Added 2-6-2012 by Ord. No. 2012-1]
Any sign face and supporting structure, including brackets,
posts, guys and other appurtenances.
[Amended 2-6-2012 by Ord. No. 2012-1]
A sign which contains listings of two or more commercial
establishments and is designed and constructed with provision to allow
changes of occupancy without major alterations of the entire sign.
[Added 2-6-2012 by Ord. No. 2012-1]
Any picture, symbol, emblem, letter, object or decorative
device, or combination of these, whether illuminated or not illuminated,
which is designed to be freestanding or used on the exterior of a
building or seen from the exterior of a building. A sign face may
convey a message to the public concerning the identification of the
premises or to advertise or promote the interests of any private or
public firm, person or organization, or may be purely decorative.
[Added 2-6-2012 by Ord. No. 2012-1]
An area enclosed by the exterior edges of the sign, excluding
any supporting structure. A double-sided sign face shall be deemed
to be one sign having an area equal to the area of one side. Any wall
work incidental to the decoration of a sign, or any unnecessary structural
framework that serves primarily to enlarge the visual effect of the
sign, shall be included when measuring the area of signs permitted
under this article.
[Added 2-6-2012 by Ord. No. 2012-1]
A sign separate from a building, being supported on itself.
[Added 2-6-2012 by Ord. No. 2012-1]
A sign consisting of an internally illuminated box with letters
or symbols and an opaque background.
[Added 2-6-2012 by Ord. No. 2012-1]
An internally illuminated sign consisting of individual letters
with translucent faces, each containing lighting elements.
[Added 2-6-2012 by Ord. No. 2012-1]
A type of directory sign which is a freestanding ground sign
with two vertical supports and two or more horizontal cross pieces
serving as individual signs for identification purposes, except that
in no case shall there by any spaces between the individual horizontal
cross pieces.
[Added 2-6-2012 by Ord. No. 2012-1]
A gas-filled tube sign subjected to high voltage with various
colors depending on the type of gas and the color of the tubing.
[Added 2-6-2012 by Ord. No. 2012-1]
A sign that projects horizontally from the vertical side
of a structure below its roofline.
[Added 2-6-2012 by Ord. No. 2012-1]
A sign or banner erected for a limited period of time, which
period of time shall be terminated by the completion or occurrence
of the election, work, event, sale of the premises, or service or
related product advertised to which it refers.
[Added 2-6-2012 by Ord. No. 2012-1]
A detached single-family residential dwelling development
of a tract of land which is sensitive to topography and natural site
features, providing more open space for common use through the reduction
of lot size requirements.
The development plan for one or more lots on which is shown
the existing and/or the proposed conditions of the lot.
The grade, pitch, rise, or incline of the topographic landform
or surface of the ground.
[Added 12-4-2023 by Ord. No. 2023-12]
A regulated use which is permitted pursuant to a special use permit issued by Zoning Board of Review under the provisions of Article XIV of this chapter.
That portion of a building between the upper surface of any
floor and the upper surface of any floor next above, having more than
1/2 of its height above the average elevation of the finished lot
grade adjoining the building, and any portion of a building used for
human occupancy between the topmost floor and the roof. In any building
not divided into customary stories, each 10 feet of building height
shall be counted as one story.
A public or private throughway used or intended to be used
for passage or travel by motor vehicles. Streets are further classified
by the functions they perform. See "street classification."
[Amended 12-4-2023 by Ord. No. 2023-12]
An adequate and permanent way of entering a lot. All lots
of record shall have access to a public street for all vehicles normally
associated with the uses permitted for that lot.
[Added 12-4-2023 by Ord. No. 2023-12]
A public or private thoroughfare primarily designed to serve
as secondary access to the side or rear of those properties whose
principal frontage is on some other street.
[Added 12-4-2023 by Ord. No. 2023-12]
A method of roadway organization which identifies a street
hierarchy according to function within a road system, that is, types
of vehicles served and anticipated volumes, for the purposes of promoting
safety, efficient land use and the design character of neighborhoods
and districts. Local classifications use the following as major categories:
[Added 12-4-2023 by Ord. No. 2023-12]
ARTERIALA major street that serves as an avenue for the circulation of traffic into, out of, or around the municipality and carries high volumes of traffic.
COLLECTORA street whose principal function is to carry traffic between local streets and arterial streets but that may also provide direct access to abutting properties.
LOCALStreets whose primary function is to provide access to abutting properties.
A local street with only one outlet and having an appropriate
20 vehicular turnaround, either temporary or permanent, at the closed
end.
[Added 12-4-2023 by Ord. No. 2023-12]
A freeway or expressway providing for through traffic. Owners
or occupants of abutting property on lands and other persons have
no legal right to access, except at the points and in the manner as
may be determined by the public authority having jurisdiction over
the highway.
[Added 12-4-2023 by Ord. No. 2023-12]
A lot line separating a lot from a street.
A thoroughfare established as a separate tract for the benefit
of multiple, adjacent properties and meeting specific, municipal improvement
standards. This definition does not apply to driveways.
[Added 12-4-2023 by Ord. No. 2023-12]
All public property reserved or dedicated for street traffic.
[Added 12-4-2023 by Ord. No. 2023-12]
A portion of a street reserved to provide access to future
development, which may provide for utility connections.
[Added 12-4-2023 by Ord. No. 2023-12]
A combination of materials to form a construction for use,
occupancy or ornamentation, whether installed on, above or below the
surface of land or water.
The division of a lot, tract or parcel of land into two or
more lots, tracts, or parcels or any adjustment to existing lot lines
is considered a subdivision.
[Added 12-4-2023 by Ord. No. 2023-12]
ADMINISTRATIVE SUBDIVISIONSubdivision of existing lots which yields no additional lots for development, and involves no creation or extension of streets. This subdivision only involves division, mergers, mergers and division, or adjustments of boundaries of existing lots. The process by which the Administrative Officer or Planning Board reviews any subdivision qualifying for this review is set forth in the Land Development and Subdivision Regulations, § 200-1 et seq.
MINOR SUBDIVISIONA subdivision creating nine (9) or fewer buildable lots. The process by which the Planning Board, Technical Review Committee, and/or Administrative Officer reviews a minor subdivision is set forth in the Land Development and Subdivision Regulations, § 200-1 et seq.
MAJOR SUBDIVISIONA subdivision creating ten (10) or more buildable lots. The process by which the Planning Board reviews any subdivision qualifying for this review under the Land Development and Subdivision Regulations, § 200-1 et seq.
Any lot lawfully existing at the time of adoption or amendment
of this chapter and not in conformance with the dimensional and/or
area provisions of this chapter.
Any receptacle which is constructed, erected or installed,
and which is used, designed for use or intended for swimming in connection
with a residential use; provided, however, that this definition shall
not apply to any such pool less than 24 inches deep or having a surface
area of less than 250 square feet, except when such pool is permanently
equipped with a water recirculating system or involves permanent structural
materials.
A committee or committees appointed by the municipality or the purpose of reviewing, commenting, approving and/or making recommendations to the Planning Board or Administrative Officer, as set forth in this chapter and the Land Development and Subdivision Regulations, § 200-1 et seq.
[Added 12-4-2023 by Ord. No. 2023-12]
A building or part of a building devoted to showing motion
pictures or dramatic, musical or live performances.
A building occupied by a resident family thereon with not
fewer than three but not more than seven guest rooms where lodging
with or without meals is provided for compensation. A "tourist home"
may include a bed-and-breakfast.
A building containing three or more dwelling units in a row
in which each dwelling unit has its own front and rear access to the
ground, no dwelling unit is located over another dwelling unit, and
each dwelling unit is separated from another dwelling unit by one
or more party walls.
[Added 2-6-2012 by Ord. No. 2012-1]
A parcel of land which has been planned for the placement
of two or more trailers, house trailers or mobile homes.
A vehicle or similar portable structure without motive power, to be drawn by a motor vehicle, used for living or sleeping purposes and provided with any or all of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration. This shall not include storage containers, as permitted by §§ 185-13K and 185-13.1B.
[Amended 2-5-2018 by Ord.
No. 2017-22]
An independent structure having a roof supported by columns,
resting on a foundation and designed for the shelter of public transportation
patrons.
Approval of dimensional variances, use variances, and/or
special-use permits for properties undergoing review by the Planning
Board as land development or subdivision projects pursuant to § 45-23-36
of Rhode Island General Law, be conducted and decided by the Planning
Board.
[Added 12-4-2023 by Ord. No. 2023-12]
The purpose or activity for which land or buildings are designed,
arranged or intended, or for which land or buildings are occupied
or maintained.
Permission to depart from the literal requirements of this chapter under the provisions of Article XIII of this chapter; an authorization for the construction or maintenance of a building or structure, or for the establishment or maintenance of a use of land, which is prohibited by this chapter. There shall be only two categories of variance:
[Amended 12-4-2023 by Ord. No. 2023-12]
USE VARIANCEPermission to depart from the use requirements of this chapter, where the applicant for the requested variance has shown by evidence upon the record that the subject land or structure cannot yield any beneficial use if it is to conform to the provisions of this chapter.
DIMENSIONAL VARIANCEPermission to depart from the dimensional requirements of this chapter, under the applicable standards set forth in § 45-24-41 of R.I.G.L.
The right to initiate or continue the development of an approved
project for a specified period of time, under the regulations that
were in effect at the time of approval, even if, after the approval,
the regulations change prior to the completion of the project.
[Added 12-4-2023 by Ord. No. 2023-12]
A building or facility providing veterinarian services, including
medical treatment, examination, surgery, diagnosis, grooming, and
general health care of domestic animals and birds.
[Added 12-4-2023 by Ord. No. 2023-12]
As defined in § 46-12-1(b) (R.I.G.L.).
An elevated structure containing potable water.
[Added 12-4-2023 by Ord. No. 2023-12]
As defined in § 2-1-14 (R.I.G.L.).
As defined in § 2-1-20 (R.I.G.L.).
Includes the storage of goods, supplies or equipment for
distribution to dealers, retailers, jobbers or contractors, including
incidental selling to the public in which the floor area used for
the storage of goods, supplies or equipment is not less than 66Â 2/3%
of the gross floor area of any structures involved.
An electric generator that utilizes wind energy to produce
clean, renewable power, with a total rated capacity of six kilowatts
(kW) or less.
[Added 2-6-2012 by Ord. No. 2012-1]
A sign permanently affixed to the surface of the glass of
any part of any establishment. Signs visible through a window on a
permanent basis are considered window signs even though they may not
be affixed directly to the glass. Paintings of sign faces on the glass
itself are window signs.
[Added 2-6-2012 by Ord. No. 2012-1]
The area on the same lot with a principal building or structure
which is unoccupied and unobstructed by buildings or structures from
the ground to the sky, except as otherwise herein provided, and shall
include:
FRONTThe area extending across the full width of the lot between a street line and a line parallel thereto drawn through the nearest point of a principal structure.
REARThe area extending across the full width of the lot between the principal building and rear lot line, and measured perpendicular from the rear lot line to the closest point of the principal building.
SIDEThe area extending from the front yard to the rear yard between the principal building and the side lot line, and measured perpendicular from the side lot line to the closest point of the principal building.
Any interior or exterior market at which antiques, curios,
jewelry, dishes, glassware, books, furniture, tools, new or secondhand
household goods, clothing or other similar articles are sold or traded
on a residential lot.
The reservation of certain specified areas within a community
or city for building and structures, or use of land, for certain purposes
with other limitations as height, lot coverage, and other stipulated
requirements.
[Added 12-4-2023 by Ord. No. 2023-12]
The Zoning Board of Review of the Town of Barrington, as described in more detail in Article XII hereof.
A document signed by the Building Official/Zoning Enforcement
Officer which acknowledges that a use, structure, building or lot
either complies with or is legally nonconforming to the provisions
of this chapter, or is an authorized variance or modification therefrom.
[Amended 12-4-2023 by Ord. No. 2023-12]
The map or maps which are a part of this chapter, and which
delineate the boundaries of all mapped zoning districts within the
physical boundary of the Town of Barrington.
The permit required under the provisions of § 185-40 hereof to be issued by the Building Official/Zoning Enforcement Officer to authorize any new construction of buildings, structures or signs, or the alteration of existing buildings, structures or signs, or construction of other improvements.
[Amended 12-4-2023 by Ord. No. 2023-12]
The basic unit in zoning, either mapped or unmapped, to which
a uniform set of regulations applies, or a uniform set of regulations
for a specified use. This term shall be synonymous with "zoning district."
[1]
Editor's Note: The former definition of "affordable housing
plan," as amended, which immediately followed, was repealed 12-4-2023 by Ord. No. 2023-12.
[2]
Editor's Note: The former definition of "approved affordable
housing plan," as amended, which immediately followed, was repealed 12-4-2023 by Ord. No. 2023-12.
[3]
Editor's Note: The former definition of "auxiliary apartment,"
which immediately followed, was repealed 2-6-2012 by Ord. No. 2012-1.
[4]
Editor's Note: The former definition of "building height,"
which immediately followed, was repealed 2-6-2012 by Ord. No. 2012-1.
See now the definition of "height, building."
[5]
Editor's Note: See 47 U.S.C. § 609 et seq.
[6]
Editor's Note: The former definition of "consistent with local
needs," as amended, which immediately followed, was repealed 12-4-2023 by Ord. No. 2023-12.
[Added 6-2-2014 by Ord. No. 2014-3; amended 12-4-2023 by Ord. No. 2023-12]
Unless specifically defined § 185-5 or below, words and phrases used in Article XXIII, Development in Areas of Special Flood Hazard, pertain to floodplain management, have the same meaning as they have in common usage and to give the article its most reasonable application.
A structure which is on the same parcel of property as the
principal structure to be insured and the use of which is incidental
to the use of the principal structure.
See definition for "special flood hazard area."
The flood having a one-percent chance of being equaled or
exceeded in any given year.
The elevation of the crest of the base flood or one-hundred-year
flood. The height, as established in relation to the North American
Vertical Datum (NAVD) of 1988 (or other datum where specified), in
relation to mean sea level expected to be reached by the waters of
the base flood at pertinent points in the floodplains of coastal and
riverine areas.
Any area of a building having its floor subgrade (below ground
level) on all sides.
See definition for "structure."
Area within a special flood hazard area, landward of a V
Zone or landward of an open coast without mapped V Zones. The principal
source of flooding must be astronomical tides, storm surges, seiches,
or tsunamis, not riverine flooding. During the base flood conditions,
the potential for breaking wave heights shall be greater than or equal
to 1.5 feet.
As related to substantial improvements, the cost of any reconstruction,
rehabilitation, addition, alteration, repair or other improvement
of a structure shall be established by a detailed written contractor's
estimate. The estimate shall include, but not be limited to: the cost
of materials (interior finishing elements, structural elements, utility
and service equipment); sales tax on materials, building equipment
and fixtures, including heating and air conditioning and utility meters;
labor; built-in appliances; demolition and site preparation; repairs
made to damaged parts of the building worked on at the same time;
contractor's overhead; contractor's profit; and grand total. Items
to be excluded include: cost of plans and specifications, survey costs,
permit fees, costs to correct code violations subsequent to a violation
notice, outside improvements such as septic systems, water supply
wells, landscaping, sidewalks, fences, yard lights, irrigation systems,
and detached structures such as garages, sheds, and gazebos.
Any human-made change to improved or unimproved real estate,
including but not limited to the construction of buildings or other
structures, mining, dredging, filling, grading, paving, excavation
or drilling operations or storage of equipment or materials.
A manufactured home park or manufactured home subdivision
for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including, as a minimum,
the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed before
the effective date of the floodplain management regulations adopted
by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
The federal agency that administers the National Flood Insurance
Program (NFIP).
The official map of a community on which the Federal Insurance
Administrator has delineated both the special hazard areas and the
risk premium zones applicable to the community. A FIRM that has been
made available digitally is called a Digital Flood Insurance Rate
Map (DFIRM).
The official study of a community in which the Federal Emergency
Management Agency (FEMA) has conducted a technical engineering evaluation
and determination of local flood hazards, flood profiles and water
surface elevations. The Flood Insurance Rate Maps (FIRM), which accompany
the FIS, provide both flood insurance rate zones and base flood elevations,
and may provide the regulatory floodway limits.
A general and temporary condition of partial or complete
inundation of normally dry land areas from either the overflow of
inland or tidal waters, or the unusual and rapid accumulation or runoff
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
a designated height. For the purposes of these regulations, the term
"regulatory floodway" is synonymous in meaning with the term "floodway."[1]
A use that cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and
ship repair facilities.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually on the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historic significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
An advisory line indicating the limit of the one-and-one-half-foot
wave height during the base flood.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access or storage, in an area other than a basement
area, is not considered a building's lowest floor, provided that such
enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirements of § 60.3.[2]
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term "manufactured home" does not include a "recreational vehicle."
A parcel or contiguous parcels of land divided into two or
more manufactured home lots for rent or sale.
Market value is the price of a structure that a willing buyer
and seller agree upon. This can be determined by an independent appraisal
by a professional appraiser; the property's tax assessment, minus
land value; the replacement cost minus depreciation of the structure;
the structure's actual cash value.
Structures for which the start of construction commenced
on or after the effective date of an initial FIRM or after December
31, 1974, whichever is later, and includes any subsequent improvements
to such structures. For floodplain management purposes, "new construction"
means structures for which the start of construction commenced on
or after the effective date of a floodplain management regulation
adopted by a community and includes any subsequent improvements to
such structures.
A manufactured home park or manufactured home subdivision
for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including, at a minimum,
the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed on
or after the effective date of floodplain regulations adopted by the
community.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
a temporary living quarters for recreational, camping, travel, or
seasonal use.
See definition for "floodway."
See definition for "area of shallow flooding."
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year. After
detailed rate making has been completed in preparation for publication
of the Flood Insurance Rate Map, Zone A usually is refined into Zones
A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A,
VO, or V1-30, VE or V. For purposes of these regulations, the term
"special flood hazard area" is synonymous in meaning with the phrase
"area of special flood hazard."
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. 97-348),[3] includes substantial improvement and means the date the
building permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition placement, substantial
improvement or other improvement was within 180 days of the permit
date. The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab
or footings, the installation of piles, the construction of columns,
or any work beyond the stage of excavation, or the placement of a
manufactured home on a foundation. Permanent construction does not
include land preparation, such as clearing, grading and filling; nor
does it include the installation of streets and/or walkways; nor does
in include excavation for a basement, footings, piers, or foundations
or the erections of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home.
For insurance purposes, means:
A building with two or more outside rigid walls and a fully
secured roof that is affixed to a permanent site;
A manufactured home (A "manufactured home," also known as a
"mobile home," is a structure, built on permanent chassis, transported
to its site in one or more sections, and affixed to a permanent foundation.);
or
A travel trailer without wheels, built on a chassis and affixed
to a permanent foundation, that is regulated under the community's
floodplain management and building ordinances or laws.
For the latter purpose, "structure" does not mean recreational vehicle or a park trailer or other similar vehicle, except as described in Subsection B(3) of this definition, or a gas or liquid storage tank.
Damage of any origin sustained by a structure, whereby the
cost of restoring the structure to before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition or other improvements
to a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include:
Any project to correct existing violations of state or local
health, sanitary, or safety code specifications which have been identified
by the local code enforcement official and which are the minimum necessary
to assure safe living conditions; or
Any alteration of the historic structure, provided that the
alteration will not preclude the structure's continued designation
as a historic structure.
A grant of relief by a community from the terms of the floodplain
management ordinance that allows construction in a manner otherwise
prohibited and where specific enforcement would result in unnecessary
hardship.
Failure of a structure or other development to be fully compliant
with the community's floodplain management ordinance. Construction
or other development without required permits, lowest floor elevation
documentation, floodproofing certificates or required floodway encroachment
calculations is presumed to be in violation until such time as that
documentation is provided.
[Added 12-4-2023 by Ord. No. 2023-12]
Unless specifically defined § 185-5 or below, words and phrases used in Article XXVI, Low- and Moderate-Income Housing, pertain to low- and moderate-income housing, have the same meaning as they have in common usage and to give the article its most reasonable application.
Request or requests by the applicant for a comprehensive
permit to seek relief from the literal use and dimensional requirements
of the zoning ordinance and/or the design standards or requirements
of the Land Development and Subdivision Regulations.
That component of the housing element of the Town Comprehensive
Plan designed to meet address the housing needs in the Town.
The affordable housing plan that has been approved by the
Director of Administration as meeting the guidelines for the local
comprehensive plan as promulgated by the State Planning Council.
Reasonable in view of the state need for low- or moderate-income
housing, considered with the number of low-income persons in the Town
affected and the need to protect the health and safety of the occupants
of the proposed housing or of the residents of the Town, to promote
better site and building design in relation to the surroundings, or
to preserve open spaces, and if the local zoning or land use ordinances,
requirements, and regulations are applied as equally as possible to
both subsidized and unsubsidized housing. Barrington's zoning
and land use ordinances, requirements, and regula.
Any condition brought about by a single factor or combination
of factors, as a result of limitations imposed on the development
by conditions attached to the approval of the comprehensive permit,
to the extent that it makes it financially or logistically impracticable
for any application to proceed in building or operating low- or moderate-income
housing within the limitations set by the subsidizing agency of government
or local review board, on the size or character of the development,
on the amount or nature of the subsidy, or to the tenants, rentals,
and income permissible, and without substantially changing the rent
levels and unit sizes proposed by the applicant.
A letter issued by the Rhode Island housing and mortgage
finance corporation in accordance with R.I.G.L. § 42-55-5.3(a).
As a result of the adoption of the implementation program
of an approved affordable housing plan, the absence of unreasonable
denial of applications that are made pursuant to an approved affordable
housing plan in order to accomplish the purposes and expectations
of the approved affordable housing plan, and a showing that at least
20% of the total residential units approved by the Planning Board
or any other municipal board in a calendar year are for low- and moderate-income
housing as defined in § 42-28-128-8.1.
