A.
Words used in the present tense include the future tense. The singular
includes the plural and the plural includes the singular. The masculine
gender includes the feminine, and the feminine gender includes the
masculine.
B.
The word "shall" is mandatory; the word "may" is permissive.
C.
The word "use," as a verb, shall be construed as if followed by the
words "or intend, arrange, design, build, alter, convert, rent or
lease to be used."
D.
The Town of New Shoreham shall be designated by "the Town" or "the
Island."
E.
The definitions for words describing natural features, unless otherwise
provided in this Ordinance, shall be those adopted by the Rhode Island
Department of Environmental Management and the Rhode Island Coastal
Resources Management Council and/or set forth in the Rhode Island
General Laws of 1956, as amended.
F.
Words or terms, whether or not defined in this Ordinance, which are
substantially similar to words or terms defined herein, shall be construed
according to the definitions provided in this Ordinance.
[Ord. of 4-20-2011, art. 2, § 202; Ord. of 8-17-2011, art. 2, § 202]
A.
In the Zoning Ordinance the following words and terms shall have
the following meanings:
1.
ABUTTER — One whose property abuts, that is, adjoins at a border,
boundary or point with no intervening land.
2.
ACCESS RISER — A structurally sound and water tight inspection
port, which at its lowest point attaches to a septic tank or other
component of an OWTS and extends upward to the ground's surface, allowing
visual inspection and where necessary physical access to the OWTS
for the purposes of maintenance and repair.
[Amended November 21, 1998; 3-5-2018 by Ord. No. 2018-01]
3.
ACCESSORY DWELLING UNIT— A residential living unit on the same
parcel as a legally established principal use. An Accessory Dwelling
Unit 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.
[Amended 10-19-2022 by Ord. No. 2022-06; 3-20-2024 by Ord. No. 2024-09]
4.
Reserved.
[Repealed 10-19-2022 by Ord. No. 2022-06]
4.1.
Accessory family dwelling unit. An apartment connected
to and accessible from a single-family dwelling unit that contains
permanent provisions for living, sleeping, eating, cooking, and sanitation
and is occupied by a family member of the property owner who is 62
years old or older or is disabled, as defined by R.I. Gen. Laws § 42-87-1.
See § 518, Accessory Family Dwelling Units.
[Added 3-5-2018 by Ord.
No. 2018-01]
5.
ACCESSORY RESIDENTIAL STRUCTURE — Any structure, accessory
to a principal use, designed, intended or used for overnight human
habitation or occupancy. No Accessory Residential Structure shall
have kitchen facilities.
[Amended December 6, 1999; and June 21, 2000; 3-20-2024 by Ord. No. 2024-09]
5.1.
ACCESSORY HOTEL ROOM — An accessory hotel room is a hotel
room developed on the same lot as a hotel which is not accessed from
the inside lobby of the hotel and may or may not be freestanding.
[Added 7-6-2020 by Ord.
No. 2020-02]
6.
ACCESSORY STRUCTURE — A structure which is customarily incidental and subordinate to the principal structure. An accessory structure shall be restricted to the same lot as the principal structure. An accessory structure shall not be permitted without the primary structure to which it is related. No accessory structure shall be used for overnight human habitation unless it is an Accessory Residential Structure in compliance with § 511 or it satisfies the definition of Dwelling Unit in this section.
[Amended December 6, 1999; 3-5-2018 by Ord. No. 2018-01; 3-20-2024 by Ord. No. 2024-09]
7.
ACCESSORY USE-HOME OCCUPATION — 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 shall 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.
[Amended 3-20-2024 by Ord. No. 2024-09]
8.
AFFORDABLE HOUSING — Residential housing built or set aside
for year round habitation for sale or rent, affordable to households
whose adjusted gross income is less than 140% of the area median income,
adjusted for family size, based on applicable United States Department
of Housing and Urban Development schedules. See § 405, Affordable
Housing.
[Amended September 27, 2006; March 5, 2007; February 20,
2013 by Ord. No. 2013-03]
9.
AGGRIEVED PARTY — An aggrieved party, for purposes of this
Ordinance, shall be:
10.
AGRICULTURAL LAND — 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 or additional farm land of statewide importance
for Rhode Island by the Soil Conservation Service of the United States
Department of Agriculture.
11.
ALTERATION (of an on-site wastewater treatment system) — Any
modernization, modification or change in the size, type or layout
of an existing sewage disposal system, including but not limited to,
any work associated with a building renovation and/or change of use
of that building; any change needed to accommodate any increase in
sewage flow. Minor repairs shall not be considered an alteration.
[Amended November 21, 1998; 3-5-2018 by Ord. No. 2018-01]
12.
APPLICANT — An owner or authorized agent of the owner submitting
an application or appealing an action of any official, board or agency.
An authorized agent shall submit documentation of their authority
to act for the owner.
13.
APPLICATION — 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.
14.
AQUACULTURE — Farming of designated water bodies wherein organisms
such as finfish, algae or shellfish are grown under controlled conditions
for harvesting.
15.
AQUIFER — A geological formation that stores and transmits
significant quantities of recoverable water; most often designated
as a source of drinking water.
16.
ASSEMBLY HALL — A building which is available to the public,
including but not limited to auditoriums, conference centers, churches,
meeting rooms and halls.
17.
RESERVED
[Repealed 3-20-2024 by Ord. No. 2024-09]
18.
AUTOMOTIVE SERVICE — The sale of motor vehicle fuel and related
materials and services and/or general repair, rebuilding or reconditioning
of motor vehicles.
19.
BILLBOARD — Any sign or advertisement device greater than 12
square feet in area. Any sign or advertising devices not related to
use of lot.
20.
BIOCHEMICAL OXYGEN DEMAND, FIVE DAY TEST (BOD5) — A five day
test of wastewater strength that measures the dissolved oxygen used
by microorganisms in the biochemical oxidation (breakdown) of organic
matter.
[Amended November 21, 1998]
21.
BUFFER — 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.
22.
BUILD — To construct or reconstruct or excavate, fill, drain,
or conduct physical operations of any kind in preparation for or in
pursuance of construction or reconstruction or moving of a building
or structure on a lot.
23.
BUILDING — Any structure used or intended for supporting or
sheltering any use or occupancy.
24.
BUILDING ENVELOPE — 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.
25.
BUILDING FOOTPRINT — The area within the perimeter of a building's
foundation regardless of the number of usable floors, and all of the
perimeter area encompassed by an upper story that extends beyond the
foundation boundary by means of a cantilever. Building footprint shall
include all porches, decks (ground level or elevated), stoops and
ramps that are attached to the building. See Appendix I, Figures 1A,
1B and 1C. (The building footprint of all structures shall be measured
when determining lot building coverage).
Note: Appendix I is included as an attachment to this chapter.
[Amended October 6, 2008]
26.
BUILDING HEIGHT — 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 appurtenant
features such as chimneys, spires, cupolas and flag poles. For any
property or structure located a Special Flood Hazard Area, as shown
on the official FEMA Flood Insurance Rate Maps, building height shall
be measured from base flood elevation, and where freeboard is being
utilized or proposed, such freeboard areas, not to exceed five feet,
shall be excluded from the building height calculation.
[Amended May 21, 2008; October 6, 2008; 3-5-2018 by Ord. No. 2018-01; 7-15-2020 by Ord. No. 2020-04]
27.
BUILDING SEWER — The pipe which begins outside the building
wall and extends to any place or mechanism of sewage disposal, including
but not limited to, a cesspool, leaching chamber septic tank or pressure
gravity sewer leading to a leaching chamber.
[Amended November 21, 1998]
28.
BUILDING VOLUME — The total volume of a building above finished
grade, measured in cubic feet from the exterior limits thereof, but
not including roof overhangs, decks and unenclosed porches. See Appendix
I, Figure 2B.
[Added October 6, 2008]
29.
CAPACITY OR LAND CAPACITY — 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.
30.
CESSPOOL — Any buried chamber including but not limited to
any metal tank, perforated concrete vault or covered hollow or excavation,
which receives discharges or sanitary sewage from a building sewer,
for the purpose of collecting solids and/or discharging liquids to
the surrounding soil.
[Amended November 21, 1998]
31.
CHANGE OF USE — Any change in use or occupancy of any structure
or part thereof which would violate any provision of the RI State
Building Code, RI General Laws, Chapter 23-27.3 as amended, and/or
any regulation promulgated thereto, without first obtaining the approval
of the Building Official (or their designee) or without the issuance
of a certificate of occupancy indicating that the structure complies
with the provisions of the state building code for the proposed new
use.
[Amended November 21, 1998; 5-3-2022 by Ord. No. 2022-04]
32.
CLUSTER DEVELOPMENT — See § 402, Flexible Design
Residential Development.
33.
COASTAL FEATURES — Those coastal features defined by G.L. 1956, § 46-23-1
et seq.
34.
COASTAL RESOURCES MANAGEMENT COUNCIL — The Rhode Island Coastal
Resources Management Council (CRMC) and its successors or assigns.
35.
COMMERCIAL KENNEL — Any structure, which must be an accessory
building, in which more than four dogs are kept, the use of which
kennel is for monetary gain.
36.
COMMERCIAL/RESIDENTIAL MIXED USE — The use of a building which is principally commercial for both commercial and residential purposes. See § 411, Commercial/Residential Mixed Use.
[Added July 6, 2009]
37.
COMMERCIAL STABLES — The keeping of one or more horses to offer
services such as riding lessons, trail rides or related activities
for compensation.
[Amended March 2, 2009]
39.
COMMUNITY RESIDENCE — 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:
a.
Whenever six or fewer retarded children or adults reside in any type
of residence in the community, as licensed by the state. All requirements
pertaining to local zoning are waived for these community residences;
b.
A group home for children providing care or supervision, or both,
to not more than eight mentally disabled or mentally handicapped or
physically handicapped persons, and licensed by the state;
c.
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;
d.
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 for the
purposes of fostering independence, self-sufficiency, and eventual
transition to a permanent living situation.
40.
COMPREHENSIVE PLAN — The current Town of New Shoreham Comprehensive
Community Plan as adopted and as amended pursuant to Title 45 Chapter
22.2 of the General Laws of Rhode Island.
41.
CONDOMINIUM — A form of ownership of common areas, residential,
commercial or marine units, including time-share units, as provided
by state statute.
42.
CONVENTIONAL SEPTIC SYSTEM — An OWTS that includes a septic
tank and a leach field and meets only the minimum RI code requirements
for discharge of wastewater effluent into the soil. Effluent constituents
prior to discharge to the soil are typically on the order of 300 mg/l
BOD, 250 mg/l TSS, 63 mg/l TN and 10,000,000 fecal coliform/100 mls.
[Amended November 21, 1998; 3-5-2018 by Ord. No. 2018-01]
43.
CORNICE — Any projection which crowns or finishes the part
to which it is affixed.
44.
CRITICAL RESOURCE AREA — Sensitive land and water resources
that provide unique habitat and/or important ecological or economic
function(s). For purposes of this Ordinance, such areas include the
watersheds for Peckham, Sands, Fresh and Great Salt Ponds, all wellhead
protection areas and all wetlands together with their associated buffers
as stipulated in § 506 of the New Shoreham Zoning Ordinance.
[Amended November 21, 1998]
44.1.
CUPOLA — This definition of cupola is provided
exclusively for the purposes of calculating building height. A small,
traditional barn-style architectural feature, for venting or decorative
purposes. No direct access from within the structure shall be allowed
for habitation or other human use including to provide a lookout.
The size of a cupola shall be proportionate to the size of the building
and shall not exceed 15% of the length of the principal ridge line
on which the cupola is placed or four feet above the maximum permitted
building height.
[Added 3-5-2018 by Ord.
No. 2018-01]
45.
DAY CARE — DAY CARE CENTER — Any other day care center
which is not a "Family Day Care Home." For purposes of this Ordinance,
a Day Care Center constitutes a business or professional service.
46.
DAY CARE — 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 less individuals
who are not relatives of the care giver, but may not contain more
than a total of eight individuals receiving day care.
47.
DAYS — Calendar days.
48.
DENSITY, RESIDENTIAL — The number of dwelling units per developable
land area that may be constructed on a given lot. The density is calculated
by dividing the number of dwelling units by the total developable
land area on the lot.
49.
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT — The Rhode Island Department
of Environmental Management (RIDEM) and its successors and assigns.
50.
DEVELOPABLE LAND — For the purpose of calculating the maximum
permitted development density for a parcel, is the total gross land
area of a parcel proposed for development LESS the total of the following:
[Amended October 6, 2008; 3-5-2018 by Ord. No. 2018-01; 3-5-2018 by Ord. No. 2019-02]
a.
Freshwater wetlands as defined by R.I. General Laws Title 2, Chapter 1, as amended, and in any rules and regulations adopted pursuant thereto. Provided, however, that any setback requirement from the edge of a wetland, as so defined in R.I. General Laws Title 2, Chapter 1, shall not be included in the calculation of wetland area.
b.
Shoreline
features, such as beaches, bluffs, coastal wetlands, and dunes, as
classified in Section 210 of the Coastal Resources Management Program
as undevelopable, as amended December 2012, or subsequent amendments
thereto.
c.
All
land area within easements serving other lots, including but not limited
to sewage disposal systems, or wells, but not including scenic and
conservation easements, or easements for access.
51.
DEVELOPMENT — 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.
52.
DEVELOPMENT PLAN REVIEW — The process whereby authorized local
officials review the site plans, maps, and other documentation of
a development to determine compliance with the stated purposes and
standards of this Ordinance.
53.
DIRECT LIGHT — Light emitted directly from the lamp, off of the reflector or reflector diffuser or through the refractor or diffuser lens of a luminaire. (See Appendix G included as an attachment to this chapter)
[Amended December 4, 2000]
54.
DISTRICT — See "Zoning Use District."
55.
DISTURBED AREA — An area where the ground and/or its cover
is altered or removed leaving the land subject to accelerated erosion;
an area now or once used for earth removal; an area where excavations
and other materials have been dumped.
56.
DRAINAGE SYSTEM — A system for the removal of water from land
by drains, grading, or other appropriate means. These techniques may
include run-off controls to minimize erosion and sedimentation during
and after construction or development, the means for preserving surface
[waters] and groundwaters, and the prevention and/or alleviation of
flooding.
57.
DRAIN FIELD — Synonymous with leach field.
[Amended November 21, 1998]
58.
DRIVE-IN FACILITY — An accessory use which by design, physical
facilities, service, or packaging procedures, allows customers to
receive services or goods while remaining in or on their motor vehicles.
This shall be construed to include drive-up, drive-through and similar
such facilities.
59.
DUMP/SANITARY LANDFILL — An area set aside for the permanent
or temporary storage and/or treatment of waste materials derived from
normal residential, business and related activities, but not including
hazardous waste materials. This shall not be construed to limit the
Town, as permitted by the State, to dispose of municipal waste.
60.
DWELLING UNIT — 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. See also, "Household."
[Amended 3-20-2024 by Ord. No. 2024-09]
61.
EARTH REMOVAL — The extraction or removal of any soil or topsoil
from any tract of land or water body, but excluding the processing
of soil transported from off-site areas, and the manufacture of soil-related
products such as pre-mixed concrete, bricks, block, and the like,
and also excluding regarding or landscaping or normal construction
and site work approved under this Zoning Ordinance.
62.
EAVE — The lower edge of a sloping roof; that part of a roof
of a building which projects beyond a wall.
63.
ELDER CARE FACILITY — A facility licensed by the State of Rhode
Island that provides in-house medical and living support services
for persons 62 years of age or older.
64.
ENHANCED ON-SITE WASTEWATER TREATMENT SYSTEMS — Systems which
achieve the enhanced reduction of contaminants (nutrients, pathogens,
BOD, TSS), as compared to conventional septic systems.
[Amended November 21, 1998]
65.
EXISTING STRUCTURE — A structure lawfully existing as of March
4, 1989.
66.
EXTRACTIVE INDUSTRY — 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
part of the extractive industry.
67.
FACADE — The exterior wall surface of a building.
68.
FAILED SEPTIC SYSTEM — Any septic system that does not adequately
treat and dispose of sewage that consequently creates a public or
private nuisance or threat to public health and/or environmental quality,
as evidenced by, but not limited to, one or more of the following
conditions:
[Amended 3-5-2018 by Ord. No. 2018-01]
a.
Failure to accept sanitary sewage into the building sewer.
b.
Discharge of wastewater either directly or indirectly to a subsurface
drain, surface drain, wetland, or surface water body.
c.
Effluent rising to the surface of the ground over or near any part
of a septic system or seeping down-gradient from the absorption area
at any change in grade, bank or road cut.
d.
Discharge of improperly treated effluent to ground or surface waters.
e.
Inadequate treatment and disposal of wastewater due to deterioration,
damage, or improper design. (For example inadequate separation distance
from the bottom of the leaching system to groundwater or impermeable
layer, damage from a vehicle driven over a leach field, structural
failure resulting in a leaking tank or undersized tank.)
f.
Pumping records that indicate very frequent septic tank pumping.
A system may be considered failed if the system has been pumped or
is in need of pumping two or more times in a calendar year.
[Amended November 21, 1998]
69.
FAMILY — A person or persons related by blood, marriage, or
other legal means. See also, "Household."
[Amended 3-20-2024 by Ord. No. 2024-09]
70.
(70.1)=70.1. FLAGPOLE
FARMING — Cultivation of the soil for food products or other
useful products of the apiary, field, orchard, vineyard, garden, nursery
or greenhouse, breeding or keeping of animals or fowl, raising of
livestock or dairying.
A flagpole is an accessory structure which consists of two
parts: the flag and the structure supporting the flag. Flagpoles are
erected only for the purposes of flying a flag or banner representing
a country, state or community, or organization, concept or other non-commercial
content. In no case shall a flagpole which is an accessory structure
consist of or serve the purposes of a sign, which displays lettering,
logos and/or trademarks intended to convey a commercial message or
advertise a good or service. Any structure containing such content
shall be considered a sign and regulated under the provisions of § 504.
[Added January 5, 2015 by Ord. No. 2015-02]
71.
FIXTURE — The assembly that houses the lamp or lamps and can
include all or some of the following parts: a housing, a mounting
bracket or pole socket, a lamp holder, a ballast, a reflector or mirror
and/or a refractor or lens.
[Amended December 4, 2000]
72.
FLEXIBLE DESIGN RESIDENTIAL DEVELOPMENT — An alternative residential
subdivision which makes use of flexible zoning and site sensitive
design standards. See § 402.
73.
FLOOD OR FLOODING — A general and temporary condition of partial
or complete inundation of normally dry land areas from the overflow
of inland or tidal waters and/or the unusual and rapid accumulation
or run off of surface waters from any source.
74.
FLOOD OR SPOT LIGHT — Any light fixture or lamp that incorporates
a reflector or a refractor to concentrate the light output into a
directed beam in a particular direction.
[Amended December 4, 2000]
75.
FLOOD INSURANCE RATE MAP — The official map on which the Federal
Insurance Administration has delineated both the areas of special
flood hazards and the risk premium zones applicable to the Town of
New Shoreham, effective April 3, 1985, as amended.
76.
FLOOD INSURANCE STUDY — The official report provided by the
Federal Insurance Administration that includes flood profiles, the
Flood Insurance Rate Map, and the water surface elevation of the base
flood.
77.
FLOODING, AREA OF SHALLOW FLOODING — A designated "AO Zone"
or "VO Zone" on the Flood Insurance Rate Map. The base flood depths
range from one to three feet; a clearly defined channel does not exist;
the path of flooding is unpredictable and indeterminate; velocity
flow may be evident.
78.
FLOODPLAINS OR FLOOD HAZARD AREA — An area that has a 1% or
greater chance of inundation in any given year, as delineated by the
Federal Emergency Management Agency, pursuant to the National Flood
Insurance Act of 1968, as amended, and known as the Federal Emergency
Management Agency or its successors.
79.
FLOOR AREA, LIVING — The total floor area, measured in square
feet from the exterior limits thereof, of that portion of a residential
building which is used for habitation purposes, but excluding garage
space, unfinished basements and exterior spaces such as porches and
decks.
[Amended October 6, 2008]
79.1.
FREEBOARD — A factor of safety expressed in
feet above base flood elevation of a flood hazard area for the purposes
of floodplain management.
[Added 3-5-2018 by Ord.
No. 2018-01]
80.
GALLEY LEACH FIELD — A type of leach field where the effluent
from the septic tank is discharged to a prescribed number of perforated
chamber(s) which are typically, although not necessarily, four feet
x four feet x four feet and made of concrete. Galley leach field does
not include flow diffusers, or infiltrating systems such as Elgen
in-drains or the Infiltrator.
[Amended November 21, 1998]
80.1.
GAME ROOM — A public place, building or room
where three or more gaming devices, machines, or apparatuses, including
but not limited to pinball machines, computer gaming devices, electronic
gaming devices, and video game machines, are kept for the use and
entertainment of the public and where public use of the devices, machines,
or apparatuses for a fee is the principal source of income.
[Added November 5, 2012 by Ord. No. 2012-09]
80.2.
GAMING DEVICE — A machine, apparatus, computer
component or item or items of electronic equipment, connected to an
electrical outlet by one cord, which upon the insertion of a coin,
slug, token, plate, disc, or card may be operated by the public generally
for use as a mechanical, electronic, video, or other game or amusement,
whether or not it registers a score and whether or not the operation
involves skill.
[Added November 5, 2012 by Ord. No. 2012-09]
81.
GLARE — Light emitting from a luminaire with an intensity great
enough to reduce a viewer's ability to see and in extreme cases causing
momentary blindness.
[Amended December 4, 2000]
82.
GOVERNMENTAL FACILITY — A facility which is open to the public
and which is owned or leased by the municipality or state and operated
under the direct supervision of the municipality or state, including
but not limited to schools, libraries, offices, recreational areas,
but not including a public works facility.
83.
GRADE, AVERAGE — The average elevation of the grade as measured
on at least four sides of a structure, whether natural grade or finished
grade.
[Amended May 21, 2008; 3-5-2018 by Ord. No. 2018-01]
84.
GRADE, FINISHED — The measurement of elevation on land that
has been altered as a result of development. Finished grade is measured
assuming the completion of all building site improvements as represented
on final approved building plans.
[Added October 6, 2008]
85.
GRADE, NATURAL — The measurement of elevation on land that
is unaltered by human activity.
[Amended May 21, 2008]
86.
GROSS AREA — The total area of a building, measured in square
feet from the exterior limits thereof, including all living areas,
attic space, unfinished basements, crawl spaces, porches, decks, attached
garages and any exterior space attached to the building, excluding
uncovered patios.
[Added October 6, 2008]
87.
GROUNDWATER — Groundwater and associated terms, as defined
in Title 46 Chapter 13.1-3 of the Rhode Island General Laws of 1956
as amended.
88.
HALFWAY HOUSES — A residential facility for adults or children
who may have been institutionalized for criminal conduct and who require
a group setting to facilitate the transition to a functional member
of society.
88.1.
Hawking And Peddling: Hawking means to sell or to
offer for sale any goods, wares, or merchandise, including any food
or beverage, on any public street, highway, or public right of way
from a stationary location. Peddling means selling or offering for
sale any goods, wares, or merchandise from a vehicle, cart, or any
other conveyance that is not stationary. Notwithstanding the above,
Hawking and Peddling do not include activities conducted by Mobile
Food Establishments required to be registered pursuant to Title 5,
Chapter 11.1 of the Rhode Island General Laws.
[Added 2-7-2022 by Ord.
No. 2022-01]
89.
HEIGHT OF LUMINAIRE — The height of a luminaire shall be the
vertical distance from the ground directly below the centerline of
the luminaire to the lowest direct-light emitting part of the luminaire.
[Amended December 4, 2000]
90.
HISTORIC DISTRICT — 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 Title 42 Chapter 45-5 of the
Rhode Island General Laws of 1956 as amended.
91.
HISTORIC OVERLAY DISTRICT — An overlay zoning district comprised of areas and structures of historic and/or architectural significance to the Island. (See § 317, Historic Overlay)
92.
HISTORIC SITE — Any real property, man-made structure, natural
object, or configuration or any portion or group of the foregoing
which has been registered, or deemed eligible to be included, on the
State Register of Historic Places pursuant to Title 42 Chapter 45-5
of the Rhode Island General Laws of 1956 as amended.
93.
HOME OCCUPATION — Any activity customarily carried out for
gain by a resident, conducted as an accessory use in the resident's
dwelling unit. See also, "Accessory Use."
[Amended 3-20-2024 by Ord. No. 2024-09]
94.
HOME OWNERS' ASSOCIATION — An affiliation of contiguous home
or lot owners, within a cluster development or other subdivision,
formed for the express purposes of regulating and funding the care
and maintenance of their common lands, buildings, access roads, utility
systems and other facilities designated in the original agreement
of ownership, as required therein by the Planning Board or otherwise
stipulated or required.
95.
HOTEL — A building or building complex containing 11 or more
rooms or suites for rent. Each unit must have access from an inside
lobby and be without individual cooking facilities. Meals for guests
may or may not be provided.
96.
HOUSEHOLD — 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:
[Amended 3-20-2024 by Ord. No. 2024-09]
97.
IMPERMEABLE — Soils, substrata or other material having a permeability
equal to or slower than 40 minutes per inch. Impermeable surfaces
also include such things as rooftops, paved driveways and tennis courts.
[Amended November 21, 1998]
98.
INCENTIVE ZONING — The process whereby the local authority
may grant additional development capacity in exchange for the developer's
provision of a public benefit or amenity as may be specified in this
Ordinance.
99.
INDIRECT LIGHT — Direct light that has been reflected or has
scattered off of other surfaces.
[Amended December 4, 2000]
100.
(Reserved)
[Amended November 21, 1998; repealed 3-5-2018 by Ord. No. 2018-01]
101.
INFRASTRUCTURE — Facilities and services needed to sustain
residential, commercial, industrial, institutional, and other activities.
102.
INN — A building or building complex containing three to 10
rooms or suites for rent. Each unit must have access from an inside
lobby and be without individual cooking facilities. Meals for guests
may or may not be provided.
103.
(Reserved)
[Amended November 21, 1998; repealed 3-5-2018 by Ord. No. 2018-01]
104.
(Reserved)
[Amended November 21, 1998; repealed 3-5-2018 by Ord. No. 2018-01]
105.
JUNKYARD — Any lot, or portion thereof, used for the storage
or keeping of non-hazardous junk or scrap materials, or the dismantling
or demolition of vehicles, machinery or parts thereof.
106.
LAMP — The component of a luminaire that produces the actual
light.
[Amended December 4, 2000]
107.
LAND DEVELOPMENT PROJECT — A project in which one or more lots,
tracts, or parcels of land are to be developed, or redeveloped as
a coordinated site for a complex of uses, units, or structures, including,
but not limited to, planned development and/or cluster development
for residential, commercial, institutional, recreational, open space,
and/or mixed uses as may be provided for in this Ordinance. (See § 402,
Flexible Design Residential Development)
108.
LEACHFIELD — A subsurface area from which septic tank effluent
or waste containing little or no solids is leached into the soil.
Leach field shall be synonymous with drain field.
[Amended November 21, 1998]
109.
LIGHT ASSEMBLY — A business with the equivalent of at least
two full-time year-round employees and a dedicated work space of at
least 1,000 square feet that involves the low intensity assembly or
manufacture of a product or products in multiple quantities for the
purposes of wholesale or retail sale. Such operations do not create
noise, vibration, light, glare, smoke, dust, odor or traffic to an
extent which would have a deleterious impact on surrounding property,
and do not discharge any emission, pollution or hazardous material
or waste into the air, ground or water. Light assembly may include
one of the following categories:
[Amended December 16, 2009]
a.
Arts and crafts, articles for aesthetic enjoyment (art objects, pottery,
jewelry) from clay, ceramic, metal, stone, glass, wood, paper, leather
or similar material, as well as paintings, drawings and photographs;
[Amended December 16, 2009]
b.
Wood products, signs, furniture, shelving and containers, and other
similar products made of wood, but not the mass processing of lumber
into boards and other finished wood materials;
[Amended December 16, 2009]
c.
Paper products. Printing press, book binding and products made of
paper, but not the processing of pulp into paper;
[Amended December 16, 2009]
d.
Textile products, processing of fibers into yarn, weaving, lacework,
and textile products such as rugs, blankets and clothing items; and
[Amended December 16, 2009]
e.
Other. Any other low impact assembly or production that meets the
above criteria, as determined by the Zoning Official.
[Amended December 16, 2009; 5-3-2022 by Ord. No. 2022-04]
110.
LIGHT TRESPASS — The shining of light produced by a luminaire
beyond the boundaries of the property on which it is located.
[Amended December 4, 2000]
111.
LOT, EITHER —
a.
The basic development unit for determination of lot area, depth,
and other dimensional regulations; or
b.
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.
112.
LOT AREA — The total area within the boundaries of a lot, excluding
any street right-of-way, usually reported in acres or square feet.
[Amended October 6, 2008]
113.
LOT BUILDING COVERAGE — That portion of the lot that is or
may be covered by Buildings or Accessory Structures.
[Amended 3-20-2024 by Ord. No. 2024-09]
114.
LOT COVERAGE — That percentage of the total lot area that is
or may be covered by all structures and man-made surfaces, such as
building footprints, patios, tennis courts, swimming pools and any
other similarly altered surface, as well as roadways and parking areas
that are constructed with an impervious surface.
[Amended October 6, 2008]
115.
LOT DEPTH — The distance measured from the front lot line to
the ear lot line. For lots where the front and rear lot lines are
not parallel, the lot depth is an average of the depth.
116.
LOT FRONTAGE — That portion of a lot abutting a street. Any
lot created after the enactment of this Ordinance shall have contiguous
frontage which satisfies, at a minimum, the minimum lot frontage requirements
of the zoning district.
117.
LOT LINE — 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:
a.
Front. The lot line separating a lot from a street right-of-way.
On corner and through lots, the front lot line shall be that property
line which gives priority to main streets over secondary streets,
as determined by the Zoning Official.
b.
Rear. The 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 which is entirely within
the lot, and which is parallel to and at a maximum distance from,
the front lot line.
c.
Side. Any lot line other than a front or rear lot line. On a corner
lot, a side lot line may be a street lot line which is not a front
or rear lot line.
118.
LOT, THROUGH — A lot which fronts upon two parallel streets,
or which fronts upon two streets which do not intersect at the boundaries
of the lot.
119.
LOT WIDTH — The horizontal distance between the side lines
of a lot, measured at right angles to its depth along a straight line
which is parallel to the front lot line at the minimum front setback
line.
120.
LOW OR MODERATE INCOME — Income not exceeding the low or moderate
income standards for the Island set by the Farmer's Home Administration
or as established by the Town Council and published in the Office
of the Town Clerk.
121.
LOW OR MODERATE INCOME HOUSING — Any housing subsidized by the federal, state or municipal government under any program to assist the construction or rehabilitation as low or moderate income housing, as defined in the applicable federal or state statute or this ordinance, whether built or operated by any public agency or nonprofit organization, or by any limited equity housing cooperative or any private developer, that will remain affordable for 99 years from initial occupancy through a land lease or deed restriction. See § 712 - Comprehensive Permits for Low and Moderate Income Housing.
[Amended September 27, 2006; February 20, 2013 by Ord. No. 2013-03]
122.
LUMEN — A unit of luminous flux. One foot-candle is one lumen
per square foot. For the purposes of this Ordinance the lumen output
values shall be the initial lumen output ratings of a lamp. For purposes
of example: 1800 lumens is approximately equivalent to 105 watts of
incandescent light or 30 watts of fluorescent light; 900 lumens is
approximately equivalent to 62 watts of incandescent light or 15 watts
of fluorescent light.
[Amended December 4, 2000]
123.
LUMINAIRE — This is a complete lighting system and includes
a lamp or lamps and a fixture.
[Amended December 4, 2000]
124.
MAJOR REPAIR (OF AN ISDS) — Any work performed on an ISDS,
excluding minor repairs, in order to repair or replace a failed system.
[Amended November 21, 1998]
125.
MARINA — Any dock, pier, wharf, float, or combination of such
facilities that service five or more boats. A marina shall be considered
a commercial enterprise and may be in association with a club and
located on or adjacent to navigable waters and may include related
services such as restaurants, sail makers and chandleries, but not
residential facilities.
126.
MARSH — An area of any size over 1000 square feet and having
the characteristics set forth as defining marshes in the wetlands
regulations of the Department of Environmental Management.
127.
MEAN SEA LEVEL — Arithmetic mean of observed water elevations
over a Metonic Cycle in relationship to the National Geodetic Vertical
Datum of 1929. [Reference: Tides and Tidal Datum. D.L. Harris Coastal
Engineering Research Center, U.S. Army Corps of Engineers Special
Report-7 (Feb. 1981) p. 103.]
128.
MEDICAL FACILITY — A facility licensed by the State of Rhode
Island and available to island residents and visitors for primary
health services and medical and emergency care, as well as occupational
and physical therapy, drug and alcohol treatment and counseling services,
and consisting of all space, equipment and facilities necessary for
examination, diagnosis and treatment.
129.
MINOR REPAIR (of a septic system) — Any work performed on a
septic system involving the repair, replacement or upgrade of the
building sewer, septic tank or distribution box and/or the installation
of inspection ports and/or effluent filters on septic tanks.
[Amended November 21, 1998; 3-5-2018 by Ord. No. 2018-01]
130.
MIXED USE — A mixture of land uses within a single development,
building or tract.
130.1.
Mobile Food Establishment: A food service operation
that is operated from a movable motor driven or propelled vehicle,
portable structure, or watercraft that can change location. It specifically
includes, but is not limited to, food trucks, food carts, ice-cream
trucks/carts, and lemonade trucks/carts.
[Added 2-7-2022 by Ord.
No. 2022-01]
131.
MOBILE HOME — A structure designed as a dwelling unit for residential
purposes, capable of being moved on its own wheels and fixed to a
permanent foundation.
132.
MODERATE INCOME — See "Low or Moderate Income."
133.
MODERATE PRICE — A moderate sale price for a dwelling unit
as established for the Island by the Farmer's Home Administration,
or as established by the Town Council and published in the Office
of the Town Clerk.
134.
MODERATE RENT — Rent which is a specified percentage below
the market rate, as established for the Island by a state or federal
department or agency, or as established by the Town Council and published
in the Office of the Town Clerk.
135.
MODIFICATION — Permission granted and administered by the Zoning
Official, pursuant to the provisions of § 705 of this Ordinance,
to allow a Dimensional Variance, of up to 25%, from each of the applicable
dimensional requirements of the Zoning Ordinance, as specified in
that Section.
[Amended 5-3-2022 by Ord. No. 2022-04]
136.
MOTEL — A building or building complex containing rooms or
suites for rent, which is not an inn or hotel, where not all units
have access from an inside lobby. No unit may have cooking facilities.
137.
MULTI-FAMILY DEVELOPMENT — A land use wherein two or more dwelling
units are located on a single lot. This does not include Accessory
Dwelling Units. See also "Secondary Dwelling Development." (See §
403, Secondary Dwelling Development)
[Amended December 6, 2004; July 2, 2007; 3-20-2024 by Ord. No. 2024-09]
137.1.
MUNICIPAL GOVERNMENT SUBSIDY — Assistance that
is made available through a Town program to make housing affordable,
as defined by the Rhode Island Low and Moderate Income Housing Act;
such assistance may include, 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, and any combination
of forms of assistance.
[Added February 20, 2013 by Ord. No. 2013-3]
138.
NEW STRUCTURE — Structure for which the start of construction,
reconstruction, rehabilitation or any other such work for which a
Building Permit is required commenced on or after the effective date
of this Zoning Ordinance.
139.
NON-CONFORMANCE — A building, structure, or parcel of land,
or use thereof, lawfully existing at the time of the adoption or amendment
of this Ordinance and not in conformity with such provisions of the
Ordinance or amendment. Non-conformance shall consist of only two
types:
a.
Non-Conforming by Use. A lawfully established use of land, building,
or structure which is not a permitted use in that zoning district.
A building or structure containing more dwelling units than are permitted
by the use or regulation of the Ordinance shall be non-conforming
by use; or
b.
Non-Conforming by Dimension. A building, structure, or parcel of
land not in compliance with the dimensional regulations of this Ordinance.
Dimensional regulations include all regulations of the Ordinance,
other than those pertaining to the permitted uses. A building or structure
containing more dwelling units than are permitted by the use regulations
of the Ordinance shall be non-conforming by use; a building or structure
containing a permitted number of dwelling units by the use regulations
of the Ordinance, but not meeting the lot area per dwelling unit regulations,
shall be non-conforming by dimension.
140.
OPEN SPACE — Land, primarily undeveloped, which may be public,
semi-public or private, the purpose of which is to provide for the
conservation of land and other natural resources and to provide park,
recreational, historic and scenic areas.
141.
OUTDOOR LIGHTING — The nighttime illumination of an outside
area or object by any man-made device located outdoors that produces
light by any means.
[Amended December 4, 2000]
142.
OVERLAY DISTRICT — A district established in this Ordinance
that is superimposed on one (1) or more districts or parts of districts
that imposes specified requirements in addition to, but not less than,
those otherwise applicable for the underlying zone.
143.
OWNER — Any person who alone, jointly, or severally with others
has a legal title to any premises.
143.1.
OWTS — Onsite wastewater treatment system.
See Section 506, Onsite Wastewater Treatment Systems.
[Added 3-5-2018 by Ord.
No. 2018-01]
143.2.
OWTS TREATMENT LEVEL 1 — A level of on-site
wastewater treatment, greater than that provided by a conventional
septic system, and as described in Section 506, paragraph E(1)(a)
of the New Shoreham Zoning Ordinance. (Amended November 21, 1998)
[Amended 3-5-2018 by Ord.
No. 2018-01]
143.3.
OWTS TREATMENT LEVEL 2 — A level of on-site
wastewater treatment, greater than "OWTS Treatment Level 1," and as
described in Section 506, paragraph E(1)(b) of the New Shoreham Zoning
Ordinance. (Amended November 21, 1998)
[Amended 3-5-2018 by Ord.
No. 2018-01]
144.
PARKING AREA OR LOT — All that portion of a development that
is used by vehicles, the total area used for vehicular access, circulation,
parking, loading and unloading.
145.
PERFORMANCE STANDARDS — A set of criteria or limits relating
to elements which a particular use or process either must meet or
may not exceed.
146.
PERMITTED USE — A land use permitted as of right so long as
dimensional standards and appropriate overlay district regulations
are met.
147.
PERSON — The term person shall include any individual, group
of individuals, firm, corporation, association, partnership or private
entity, including a district, city, town or other government unit
or agent thereof, and in the case of a corporation, any individual
having active and general supervision of the properties of such corporation.
148.
PLANE, BUILDING — That portion of a building facade aligned
in the same general plane. A building angle of 45° or greater
with a minimum distance of 16 feet from the building facade (measured
at a right angle from the building facade) shall be considered an
interruption of the building plane. See Appendix I, Figures 3A and
3B and Figures 5A and 5B.
[Added October 6, 2008]
149.
PLANE, WALL — That portion of a building plane of consistent
height and roof style. A perpendicular recess of at least six feet
in depth shall be considered an interruption of the wall plane. See
Appendix I, Figure 3C and Figures 4A, 4B and 4C.
[Added October 6, 2008]
150.
PLANNED DEVELOPMENT — A "Land Development Project," as regulated
by this Ordinance, and developed according to plan as a single entity
and containing one or more structures and/or uses with appurtenant
common areas. See also "Flexible Design Residential Development."
151.
POND — An area of any size over 1000 square feet where open
standing water is present at least six months of the year.
151.1.
POWER GENERATOR — A machine which burns fuel to convert mechanical energy into electrical energy. (Generators with a capacity over 20 kW for private use require a special use permit under § 426).
[Added June 18, 2014 by Ord. No. 2014-07]
152.
PRE-APPLICATION CONFERENCE — A review meeting of a proposed
development held between applicants and the Planning Board and/or
staff, as provided in this Ordinance, before formal submission of
an application for a permit or for development approval. This provides
developers the opportunity to present their proposals informally and
to receive comments and directions from the Town. (See § 702F,
General Procedures, Pre-Application]
153.
PROFESSIONAL AND BUSINESS SERVICES — Activities including,
but not limited to banking and associated services, financial services,
real estate, management, tax consulting, engineering, accounting,
photography, art gallery and/or school, medical services, legal services,
and physical fitness activities led by an instructor including, but
not limited to, physical fitness classes and yoga classes. The term
Professional and Business Services shall not include drive-up facilities.
[Amended 5-3-2017 by Ord. No. 2017-01]
154.
PUBLIC SHORELINE ACCESS WAY (RIGHT-OF-WAY) TO WATER — An unobstructed
path or corridor from a public thoroughfare or facility leading to
or along shoreline areas below the mean high water mark.
155.
PUBLIC WORKS FACILITY — A facility owned or leased and operated
under the direct supervision of the municipality or state, the purpose
of which is to store and/or service equipment and materials associated
with the repair and maintenance of governmental facilities, roadways,
or other areas of governmental responsibility.
156.
RECREATIONAL FACILITY — A facility for sport or passive enjoyment
by the public whether owned, operated and maintained by a government
entity or privately.
[Amended November 7, 1994]
157.
RELIGIOUS FACILITY — A facility used primarily for worship
and related activities.
158.
RENTAL — Real estate leased or otherwise made accessible and
useful to designated renters for a stipulated period of time for compensation.
159.
RENTAL ROOMS — Bedrooms within an owner-occupied dwelling unit, which may be rented upon receiving prior approval from the Town. (See § 509, Rental Rooms).
[Amended 3-20-2024 by Ord. No. 2024-09]
160.
RESIDENCE — An abode, home, habitation or place of dwelling.
[Amended 3-20-2024 by Ord. No. 2024-09]
161.
RESTAURANT — A facility for the preparation and serving of
food and beverages.
162.
RETAIL TRADE — Any business engaged primarily in the sale, rental or lease of goods and/or services individually or in small quantities to the ultimate consumer for direct consumption and/or use, and not for resale. The term Retail Trade shall not include automotive rental or services, drive-up facilities or any type of restaurant, or any uses prohibited by § 111, General Prohibitions.
163.
RHODE ISLAND GENERAL LAWS (RIGL) — The General Laws of the
State of Rhode Island, 1956, as amended.
164.
SECONDARY DWELLING DEVELOPMENT — A land use wherein two unattached
dwelling units are located on a single lot according to the procedures
and standards contained in § 403.
[Added July 2, 2007; amended 3-20-2024 by Ord. No. 2024-09]]
165.
SETBACK LINE OR LINES — 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.
[Amended November 19, 2001]
166.
(Reserved)
[Repealed 3-5-2018 by Ord. No. 2018-01]
167.
SETBACK, FRONT — An open unoccupied space on the same lot with
the structure extending the full width of the lot and situated between
the street line and the front line of the structure projected to the
side lines of the lot.
[Amended November 19, 2001]
168.
SETBACK, REAR — An open unoccupied space on the same lot with
the structure extending the full width of the lot and situated between
the rear line of the lot and the nearest line of the structure on
the lot.
[Amended November 19, 2001]
169.
SETBACK, SIDE — An open unoccupied space between the side line
of the lot and the nearest line of the structure and extending from
the front yard to the rear yard, or in the absence of either of such
yards, to the streets or rear lot lines as the case may be.
[Amended November 19, 2001]
170.
SEWER, PUBLIC — A municipally owned and operated sewer system.
Presently the system that services the area from around Old Harbor
to New Harbor and which is serviced by the sewer plant off Spring
Street.
171.
SHALLOW DRAIN FIELD — Any ISDS that discharges effluent, to
a pressure-dosed, shallow, narrow drain field, generally by means
of a pump.
[Amended November 21, 1998]
172.
SIGN — Any display of lettering, logos, colors, lights, trade
flags or illuminated sign device including neon tubes visible to the
public from the outside of a building or from a traveled way which
either conveys a message to the public, or intends to advertise, direct,
announce or draw attention to, directly or indirectly, a use conducted,
goods, products, services or facilities available, either on the lot
or any other premises; excluding window display merchandise which
shows no advertising, and excluding properly existing pavement markings
or directional arrows painted on the ground and which show no advertising.
(See § 504, Signs) This definition shall be construed in
conjunction with other applicable definitions.
a.
ATTACHED SIGN — A sign which is affixed to any structure. This
may include, but is not limited to, roof signs, wall signs, projecting
signs, and signs attached to buildings and sheds.
b.
DIRECTORY SIGN — Any off-premises free-standing sign containing
more than one store name on individual panels.
c.
FLASHING SIGN — A sign whose illumination is not kept constant
in intensity at all times when in use, and/or which exhibits changes
in light, color, direction or animation. For the purposes of this
section, illuminated signs which indicate exclusively the date, time
and temperature are not considered flashing signs, provided however
they meet all other provisions of this section.
d.
FREE-STANDING SIGN — A self-supporting sign not attached to
any building, wall, or fence, but in a fixed location.
e.
ILLUMINATED SIGN — Any sign lit by electrical bulbs, fluorescent
lights, or neon tubes. Neon tubes used as abstract, graphic, decorative
or architectural elements shall be considered an illuminated sign.
f.
MARQUEE — A permanent canopy often of metal and glass above
a theater entrance containing the name of a currently featured film
or play and its stars.
g.
MOVEABLE SIGN — A sign capable of being readily moved or relocated,
including portable and A-frame signs and those on a chassis or wheels
or supported by legs.
h.
OFF-PREMISES SIGN — Any sign which is not on the premises of
the business, including a billboard. Not an on-premises sign.
i.
ON-PREMISES SIGN — Any sign which advertises, calls attention
to, or identifies the occupant of the premises on which the sign is
maintained, or the business transacted thereupon.
j.
PROJECTING SIGN — Any sign which is affixed to a building or
other structure, is affixed at a right angle, and which extends more
than six inches beyond the surface to which it is affixed.
k.
ROOF SIGN — Any sign which is located above, or projects above,
the lowest point of the eaves or the top of the parapet of any building,
or which is painted on or fastened to a roof.
l.
SYMBOL — A three-dimensional, two-sided representation of the
primary generic merchandise sold on the premises, usually mounted
on a bracket perpendicular to the shop front.
m.
TEMPORARY SIGN — A sign intended to be used for a period of
no more than 30 days. Exceptions for devices intended for civic purposes
may be granted by special permit from the Zoning Board of Review.
n.
TRADEMARK — The registered name, figure, letter, word or mark
adopted and used by a manufacturer or merchant in order to designate
their goods and to distinguish them from any others.
{amended 5-3-2022 by Ord. No. 2022-04]
o.
WALL SIGN — Any sign which is painted on, incorporated into,
or affixed parallel to the wall of a building and which extends not
more than six inches from the surface of that building.
173.
SITE PLAN — The development plan for one or more lots on which
is shown the existing and/or the proposed conditions of the lot. (See
"Land Development Project" and § 703, Procedures for Special
Use Permit)
174.
SOIL — Any earth, sand, clay, loam, gravel, humus, rock, mineral
or other earth product irrespective of the presence therein of organic
matter.
175.
SOLID WASTE TRANSFER FACILITY — A facility owned by and operated
under the direct supervision of the municipality for the temporary
storage and sorting of solid waste and recyclable material prior to
its removal and disposal.
[Amended December 7, 2009]
176.
SPECIAL USE — A regulated use which is permitted pursuant to
the Special Use Permit issued by the Zoning Board of Review, pursuant
to § 704 of this Ordinance.
177.
START OF CONSTRUCTION — The placement of permanent construction
of the principal structure on a site, such as the pouring of slabs
or footings or any work beyond the stage of excavation. Permanent
construction does not include land preparation, the installation of
streets and/or walkways, excavation or the erection of temporary forms
for basements, footings, piers or foundations. For a principal structure
without a basement or poured footings, the start of construction includes
the first permanent framing or assembly of the structure or any part
thereof on its pilings or foundation.
178.
STREET — A public or private thoroughfare used, or intended
to be used, for passage or travel by motor vehicles. Streets are classified
by hierarchy according to function (see "Street Classification" as
defined in the New Shoreham Land Development and Subdivision Regulations),
and may be one of the following:
a.
STATE ROAD — A right-of-way owned and maintained by the State
of Rhode Island, and dedicated for use by the public.
b.
TOWN ROAD — A right-of-way which has been improved to Town
road standards, has been dedicated for use by the public and has been
accepted for maintenance by the Town.
c.
PRIVATE ROAD — A right-of-way paved or unpaved, not maintained
by the Town or State and not dedicated for use by the public. As used
herein, the term "road" shall be synonymous with "street."
179.
STRUCTURE — 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, including but not limited
to porches, patios, stairs, decks and flagpoles.
180.
SUBDIVISION — See: Land Development and Subdivision Regulations of the Town of New Shoreham (appendix D to these Revised Ordinances, included as an attachment to this chapter).
181.
SUBSTANDARD LOT OF RECORD — Any lot lawfully existing at the
time of adoption or amendment of this Ordinance and not in conformance
with the dimensional and/or area provisions of this Ordinance.
182.
SWAMP — An area of any size over 1,000 square feet and having
the characteristics set forth as defining swamps in the wetlands regulations
of the Department of Environmental Management.
182.1.
TABLE GAME — A game played on a horizontal
surface, including but not limited to a billiard table, a bagatelle
table, a pool table, or a scippio table, that is available for the
use and entertainment of the public.
[Added November 5, 2012 by Ord. No. 2012-09]
183.
TEMPORARY OUTDOOR LIGHTING — The specific illumination of an
outside area or object by any man-made device located outdoors that
produces light by any means for a period of less than seven days with
at least 180 days passing before being used again.
[Amended December 4, 2000]
184.
THEATER — A place of assembly having facilities for an audience
and for a stage, screen, platform, or other area to be used for lectures,
performances or other presentations attended by an audience.
185.
TIME-SHARE — A form of ownership wherein two or more parties
own a unit (usually a condominium unit), each for a stipulated period
of time each year.
186.
TIPPING DISTRIBUTION BOX — A type of distribution box where
the effluent from the septic tank flows into a tipping pan, which
when full, empties into the leach field lines, thereby facilitating
a more uniform distribution of effluent over the entire leach field.
[Amended November 21, 1998]
187.
TOTAL SUSPENDED SOLIDS (TSS) — Solids physically suspended
in wastewater.
[Amended November 21, 1998]
188.
TOXIC OR HAZARDOUS MATERIALS — Any substance or mixture of
such physical, chemical or infectious characteristics as to pose a
significant, actual or potential hazard to water supplies, or other
hazard to human health, if such substance or mixture were discharged
to land or waters of the Town. Toxic or hazardous materials include,
without limitation, organic chemicals, petroleum products, heavy metals,
radioactive or infectious wastes, herbicides, solvents and thinners.
189.
TRANSPORTATION FACILITY — A facility providing public transport
by land, air, or water and including the buildings, parking, service,
loading and unloading areas, wharfs and docks associated with such
transport.
190.
UPLIGHTING — Any light source that distributes illumination
above a 90° horizontal plane.
[Amended December 4, 2000]
191.
USE — The purpose or activity for which land or buildings are
designed, arranged, or intended, or for which land or buildings are
occupied or maintained.
192.
UTILITY FACILITY — A facility, whether publicly or privately
owned, which provides direct or indirect utility service to the public,
including but not limited to, water works, sewage and water pumping
stations and treatment facilities, telephone electronic equipment
structures, electric power sub-stations and transformer stations and
mobile radio service equipment and antennae. Local utility transmission
lines are excluded from this definition as are radio broadcast stations,
television broadcast stations and related antennae and other transmission
facilities, and telecommunications towers.
[Amended October 3, 1994]
193.
VARIANCE — Permission to depart from the literal requirements
of a Zoning Ordinance. 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 Ordinance. There shall
be only two categories of variance, a use variance or a dimensional
variance.
a.
USE VARIANCE — Permission to depart from the use requirements
of this Ordinance 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 Ordinance.
b.
DIMENSIONAL VARIANCE — Permission to depart from the dimensional
requirements of this Ordinance, where the applicant for the requested
relief has shown, by evidence upon the record, that there is no other
reasonable alternative way to enjoy a legally permitted beneficial
use of the subject property unless granted the requested relief from
the dimensional regulations. However, the fact that a use may be more
profitable or that a structure may be more valuable after the relief
is granted shall not be grounds for relief.
194.
WAREHOUSE AND STORAGE FACILITY — A land area where goods or
materials are stored in a warehouse facility and/or in specific outdoor
areas.
195.
WATER SUPPLY PROTECTION PROGRAM (WSPP) — An Island-wide program
of various zoning and subdivision regulations, ordinances, educational
programs and management practices that are, at a minimum, designed
to preserve the existing quality of Block Island's ground and surface
water reservoirs.
[Amended November 21, 1998]
196.
WATER TABLE — The upper surface of the water-saturated zone
of the soil.
[Amended November 21, 1998]
197.
WATERFRONT USES — Uses adjacent to coastal waters as permitted
and regulated by the Rhode Island Coastal Resource Management Council
(CRMC).
198.
WELLHEAD PROTECTION AREA (WHPA) — The critical portion of a
three dimensional zone surrounding a public well or well field, through
which water will move towards and reach such well or well field as
designated by the Director of the DEM or as adopted by the Town.
[Amended November 21, 1998]
199.
WETLAND, COASTAL — A salt marsh bordering on the tidal waters
of this state and contiguous uplands extending no more than 50 yards
inland therefrom, or as defined by under the General Laws of Rhode
Island as amended.
200.
WETLAND, FRESHWATER — A marsh, swamp, bog, pond, river, river
or stream floodplain or bank, area subject to flooding or storm flowage;
emergent or submergent plant community in any body of fresh water;
or area within 50 feet of the edge of a bog, marsh, swamp, or pond,
or as defined by Title 2 Chapter 1-20 of RIGL.
201.
WIND ENERGY CONVERSION SYSTEM (WECS) — Mechanisms and related facilities designed or operated for the purpose of converting wind energy to electrical and/or mechanical power. (See § 508, Wind Energy Conversion System)
[Amended May 23,2001]
202.
WECS, UTILITY — A wind turbine installed for the purpose of
providing an additional power source for municipal or general public
use, and which is part of the electrical power production and distribution
system for New Shoreham, or in the event of a cable connection to
the mainland, integrated into the publicly regulated electric grid
system.
[Amended December 7, 2009]
203.
ZONING — The reservation of certain specified areas within
the Town of New Shoreham for building and structures, or use of land,
for certain purposes, with other limitations such as height, lot coverage,
and other stipulated requirements.
204.
ZONING CERTIFICATE — A document signed by the Zoning Official,
as required in this Ordinance, which acknowledges that a use, or structure,
building or lot either complies with or is legally non-conforming
to the provisions of this New Shoreham Zoning Ordinance or is an authorized
variance or modification therefrom.
205.
ZONING MAP — The map or maps which are a part of the Zoning
Ordinance and which delineate the boundaries of all mapped zoning
districts within the physical boundary of the Town.
206.
ZONING USE DISTRICTS — The basic unit of zoning, either mapped
or unmapped, to which a uniform set of regulations applies, or a uniform
set of regulations for a specified use applies.
("Mean Grade" deleted, amended May 21, 2008)
("Stable" deleted March 2, 2009)
("Retail/Residential Mixed Use" deleted July 6, 2009)
