Any application for development under this chapter,
including an application for a building permit, special use permit,
variance, planned development or cluster development, shall be deemed
substantially complete when all required documents, including plans,
together with required fees, are received by the official designated
herein to receive such applications. Required documents shall include
only those documents specified either by this chapter or by rules
adopted and published by the permitting authority prior to the time
the application is filed.
Any application for development under this chapter
that is substantially complete prior to the enactment or amendment
of this chapter shall be reviewed according to the regulations applicable
in the zoning ordinance in force at the time the application was submitted.
If such application is approved, the applicant must begin construction
or exercise the right granted in the application if no construction
is involved, not more than one year after the date of such approval.
All construction must be completed not more than two years after the
date of such approval, unless specifically set forth to the contrary
in the original approval.
Nothing in this chapter shall require changes
in the plans, construction or designated use of a structure or portion
thereof for which a permit has been heretofore issued and the construction
of which was started within 90 days after this chapter becomes effective
and which entire structure shall be completed, as authorized, within
two years thereafter.
This chapter is in effect when passed by the
City Council and signed by the Mayor, as of December 19, 1994.
If any provision of this chapter or of any rule,
regulation or determination made thereunder, or the application thereof
to any person, agency or circumstances, is held invalid by a court
of competent jurisdiction, the remainder of this chapter or the rule,
regulation or determination and the application of such provisions
to other persons, agencies or circumstances shall not be affected
thereby. The invalidity of any section or sections of this chapter
shall not affect the validity of the remainder of the chapter.
[Amended 9-26-1996 by Ch. No. 2425; 6-23-1999 by Ch. No. 2531; 3-22-2001 by Ch. No. 2592; 9-21-2006 by Ch. No. 2825; 9-21-2006 by Ch. No. 2836; 8-20-2009 by Ch. No.
2928; 5-10-2018 by Ch. No. 3154; 6-21-2018 by Ch. No. 3165; 9-20-2018 by Ch. No. 3168; 12-18-2018 by Ch. No. 3176; 12-20-2023 by Ch. No. 3287]
As used in this chapter, the following terms shall have the meanings indicated except the terms utilized in § 410-20 for Article IV and § 410-32 for Article V:
One whose property abuts, that is, adjoins at a border, boundary
or point with no intervening land.
A residential living unit on the same parcel where the primary
use is a legally established single-unit or multiunit 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.
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 the elements
of the structure and adapting such elements to a new use.
The municipal official designated by the local regulations to administer the Land Development and Subdivision Regulations to review and approve qualified applications and/or coordinate with local boards and commissions, municipal staff and state agencies as set forth herein. The Director of Planning and Redevelopment or their designee, as established in § 50-23.
An "aggrieved party," for purposes of this chapter, shall
be:
An act that changes one or more of the exterior architectural
features of a structure or its appurtenances, including but not limited
to the erection, construction, reconstruction or removal of any structure
or appurtenance.
A living organism other than a plant or bacterium and excluding
human beings. Included are fish, amphibians, reptiles, birds and mammals.
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.
Features other than primary or secondary structures which
contribute to the exterior historic appearance of a property, including
but not limited to paving, doors, windows, signs, materials, decorative
accessories, fences and historic landscape features.
A building, area, or areas within a building used for the
public sale of goods, wares, merchandise, or equipment, excluding
livestock, live animals or motor vehicles, to the highest bidder.
A single-family dwelling offering transient lodging accommodations
to the general public within a portion of said dwelling, and which
may include limited food preparation and the serving of such food
within a common area. Such use shall accommodate no more than four
transient guests at any one time, and the owner must reside on the
premises.
A simple, typically unadorned performance space, usually
a large square room with black walls and a flat floor, usually home
to plays or other performances with very basic technical arrangements.
The Zoning Board of Review of the City of Pawtucket.
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.
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, flag poles, and the like. For any property or structure
located in a special flood hazard area, as shown on the official FEMA
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:
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.
A restaurant serving coffee and other beverages along with
baked goods or light meals.
A certificate issued by an Historic District Commission established
under this chapter indicating approval of plans for alteration, construction,
repair, removal or demolition of a structure or appurtenances of a
structure within an Historic District. Appropriate for the purposes
of passing upon an application for a "certificate of appropriateness"
means not incongruous with those aspects of the structure, appurtenances
or the district which the Commission has determined to be historically
or architecturally significant.
A "certificate of occupancy" is a mandatory certificate issued
by the Director following the requirements of the Rhode Island Building
Code for the following actions:
Occupancy and use of a building hereafter erected and enlarged;
Change in use of an existing building to a difference in use;
Intensification of an existing use of either a building or land;
Occupancy and use of vacant land except for raising of crops;
Change in the use of land to different use except for the raising
of crops; or
Any change in use of a nonconforming use.
The occupancy use or change of use shall not take place until
a "certificate of occupancy" has been issued by the Director.
The City of Pawtucket, Rhode Island.
The official planning agency of the City of Pawtucket.
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 shall be specified in
the ordinance and may 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.
Any coastal beach, barrier island or spit, coastal wetland,
coastal headland, bluff or cliff, rocky shore, manmade shoreline or
dune as outlined and defined by the coastal resources management program,
and as may be amended.
Either:
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-use-disorder treatment
facilities. This shall include, but not be limited to, the following:
Whenever six or fewer children or adults with intellectual or
developmental disability reside in any type of residence in the community,
as licensed by the state pursuant to R.I.G.L. Chapter 24 of Title
40.1. All requirements pertaining to this chapter are waived for these
"community residences."
A group home providing care or supervision, or both, to not
more than eight persons with disabilities and licensed by the state
pursuant to R.I.G.L. Chapter 24 of Title 40.1.
A residence for children providing care or supervision, or both,
to not more than eight children, including those of the caregiver,
and licensed by the state pursuant to R.I.G.L. Chapter 72.1 of Title
42.
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
purpose of fostering independence, self-sufficiency and eventual transition
to a permanent living situation.
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 registered patient cardholders and/or their designated registered
primary caregivers.
The Comprehensive Plan of the City of Pawtucket adopted and
approved pursuant to R.I.G.L. Chapter 22.2 and to which this chapter
shall be in compliance.
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 Plan as specified
in R.I.G.L. § 45-22.2-3.
The act of adding to an existing structure or erecting a
new principal or accessory structure or appurtenances to a structure,
including but not limited to buildings, extensions, outbuildings,
fire escapes and retaining walls.
A shared working environment, often an office, but that houses
independent activities, and those coworking are usually not employed
by the same organization.
Any nonprofit or for-profit museum, library, art gallery,
legitimate theater or other similar use, and may include outdoor.
Abbreviation for dwelling unit.
Facilities where electronic data is processed by employees,
including, without limitation, data entry, storage, conversion or
analysis, subscription and credit card transaction processing, telephone
sales and order collection, mail order and catalog sales, and mailing
list preparation.
Any other day-care center which is not 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 less individuals who are not relatives of the caregiver,
but may not contain more than a total of eight individuals receiving
day care.
Calendar days.
An act or process that destroys a structure or its appurtenances
in part or in whole.
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. A municipality may utilize development plan review under limited
circumstances to encourage development to comply with design and/or
performance standards of the community under specific and objective
guidelines, for developments including, but not limited to:
A change in use at the property where no extensive construction
of improvements is sought.
An adaptive reuse project located in a commercial zone where
no extensive exterior construction of improvements is sought.
An adaptive reuse project located in a residential zone which
results in less than nine residential units.
Development in a designated urban or growth center.
Institutional development design review for educational or hospital
facilities.
Development in a historic district.
Zoning, subdivision, land development plan, development plan
review, historic district, official map, floodplain regulation, soil
erosion control or any other governmental regulation of the use and
development of land.
Director of the Division of Zoning and Code Enforcement of
the City of Pawtucket.
See "zoning use district."
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 groundwaters
and the prevention and/or alleviation of flooding.
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.
A public or private parking space(s) that is (are) served
by battery charging equipment with the purpose of transferring electric
energy to a battery or other energy storage device in an electric
vehicle.
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. See
also "household."
Seasonal outdoor retail sales of farm produce from vehicles
or temporary stands, located within a parking lot or public right-of-way.
"Federally insured or assisted housing" means:
Low-income housing units insured or assisted under Sections
221(d)(3) and 236 of the National Housing Act (12 U.S.C. § 1701
et seq.).
Low-income housing units produced with assistance under Section
8 of the United States Housing Act of 1937 (42 U.S.C. § 1401
et seq.).
Rural low-income housing financed under Section 515 of the Housing
Act of 1949 (12 U.S.C. § 1715Z).
A barrier constructed of posts and wire or boards erected
for the purposes of protection, confinement, enclosure or privacy.
Also included are solid hedges exceeding 30 inches in height adjacent
to or on the front yard property line where a clear vision field is
necessary for personal safety.
A barrier of ornamental shrubbery that exceeds 30 inches
in height.
A fence in which 75% or more of the side area is open. An
example is a chain link fence.
A fence in which more than 50% of the side area is closed
or opaque. An example is a wooden stockade fence.
A barrier constructed of masonry materials erected at or
near property lines for the purpose of enclosure.
Any indoor or outdoor place, location, or activity where
new or used goods or secondhand personal property is offered for sale
or exchange to the general public by a multitude of individual licensed
vendors, usually in compartmentalized spaces, and where a fee may
be charged to prospective buyers for admission, or a fee may be charged
for the privilege of offering or displaying such merchandise.
An unmapped zoning district adopted within the ordinance
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
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), 42 U.S.C. § 4011
et seq.
See Rhode Island State Building Code.
A building or space for the exhibition of art, usually visual
art. Paintings are the most commonly displayed art objects. However,
sculpture, decorative arts, furniture, textiles, costumes, drawings,
pastels, watercolors, collages, prints, artists' books, photographs,
and installation.
The body of the local government, generally the city or town
council, having the power to adopt ordinances, accept public dedications,
release public improvement guarantees, and collect fees.
Water found underground which completely fills the open spaces
between particles of sand, gravel, clay, silt, and consolidated rock
fractures. The zone of materials filled with groundwater is called
the "zone of saturation."
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.
As defined in R.I.G.L. § 45-22.2-4. "Historic district"
means 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 has been registered or is deemed eligible
to be included on the state register of historical places pursuant
to R.I.G.L. § 42-45-5. "Historic site" means any real property,
man-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
R.I.G.L. § 42-45-5.
Any activity customarily carried out for gain by a resident,
conducted as an accessory use in the resident's dwelling unit.
Dwelling unit(s) or a rooming house offering transient lodging
accommodations to the general public that does not meet the definition
of a "bed-and-breakfast."
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:
The process whereby the Zoning Board of Review may grant
additional development capacity in exchange for the developer's provision
of a public benefit or amenity as specified in this chapter.
A business company that helps new and startup companies to
develop by providing services such as management training or office
space, including coworking space. Business incubators differ from
research and technology parks in their commitment to startup and early-stage
companies.
A residential facility where adults reside in a family setting
and receive limited supervised care.
Facilities and services needed to sustain residential, commercial,
industrial, institutional and other activities.
A freestanding exterior structure of less than 500 square
feet for drive-up or walk-up window services or retail sales.
Real property including improvements and fixtures on, above,
or below the surface.
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 chapter. 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.
Minor land development project. A land development project involving
any one the following:
Ten thousand gross square feet of floor area of new commercial,
manufacturing or industrial development; or less, or
An expansion of up to 50% of existing floor area or up to 10,000
square feet for commercial, manufacturing or industrial structures;
or
Mixed-use development consisting of up to six dwelling units
and 2,500 gross square feet of commercial space or less;
Multifamily residential or residential condominium development
of nine units or less; or
Change in use at the property where no extensive construction
of improvements are sought;
An adaptive reuse project of up to 25,000 square feet of gross
floor area located in a commercial zone where no extensive exterior
construction of improvements is sought;
An adaptive reuse project located in a residential zone which
results in less than nine residential units.
Major land development project. A land development project which
exceeds the thresholds for a minor land development project as set
forth in this section. The process by which major land development
projects are reviewed by City Planning Commission or Joint Planning
Commission as appropriate is set forth in R.I.G.L. § 45-23-39
and the Land Development and Subdivision Regulations.
A person, as identified in R.I.G.L. § 43-3-6, who
has been licensed by the Department of Business Regulation (Class
A-D) to acquire, possess, cultivate, deliver, or transfer marijuana
to licensed compassion centers pursuant to R.I.G.L. § 21-28.6-16.
A licensed cultivator shall not be a primary caregiver cardholder
and shall not hold a cooperative cultivation license.
An accessory freestanding structure located on private property
that is installed for the sole purpose of enclosing books that are
loaned to Pawtucket residents for free.
A building or spaces within a building used for commercial
activities and areas for residential/living purposes where 2/3 or
67% of the unit is dedicated for residential purposes. Examples of
acceptable live/work space are live-work units of insurance and financial
offices, artists, boutiques, small antique shops, dance studios, personal
trainers, and consultants of various type. Said business shall be
of no or low impact to neighbors, and the unit shall be required to
be occupied by the business owner.
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.
That portion of the lot that is or may be covered by buildings
and accessory buildings. Aboveground pools shall not be included in
the calculation of maximum lot building coverage.
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.
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:
FRONTOn an interior lot, a through lot or a flag lot, any lot line abutting a street shall be considered a front lot line. Corner lots shall be considered to have two front lot lines abutting the streets. The determination of which is the front lot line and side lot line shall be made by the permitting authority.
REARThe lot line(s) 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.
SIDEAny lot line other than a front or rear lot line.
A parcel of land record in the office of the Recorder of
Deeds of the City of Pawtucket.
Shall have the same meaning as "minimum lot area" defined
herein.
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.
A lot which fronts upon two parallel streets or which fronts
upon two streets which do not intersect at the boundaries of the lot.
Two or more manufactured homes located on the same lot.
A third-party testing provider who performs independent testing
of medical marijuana and/or marijuana products of a licensed cultivator
in accordance with Department of Health Testing Regulations.
A mixture of land uses within a single development, building
or tract.
Permission granted and administered by the zoning enforcement
officer of the city or town, and pursuant to the provisions of the
Zoning Enabling Act, R.I.G.L. 45-24, as amended, to grant a dimensional
variance other than lot area requirements from the zoning ordinance
to a limited degree as determined by this chapter, but not to exceed
25% of each of the applicable dimensional requirements.
A structure containing more than one tenant space in a commercial
zone.
A structure containing more than one tenant space in an industrial
zone.
An establishment serving food and liquor in which music,
dancing and entertainment are conducted.
A building, structure or parcel of land, or use thereof,
lawfully existing at the time of the adoption (or amendment) of this
chapter, October 21, 1966, and not in conformity thereof. 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 that zoning district. A building or structure containing more dwelling units than are permitted by the use regulations of a zoning ordinance shall be nonconforming by use; or
NONCONFORMING BY DIMENSIONA building, structure or parcel of land not in compliance with the dimensional regulations of this chapter. Dimensional regulations include all regulations of this chapter, other than those pertaining to the permitted uses. A building or structure containing more dwelling units than are permitted by the use regulations of a zoning ordinance shall be nonconforming by use; a building or structure containing a permitted number of dwelling units by the use regulations of this chapter, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.
A use of land located in a nonresidential zone, or of a structural
building, or portion thereof, located in a nonresidential zone, for
the cultivation of marijuana by two or more registered cardholders,
as defined in R.I.G.L. § 21-28.6-3.
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.
Retail activity that takes place in an open lot, tent, trailer,
motor vehicle, enclosure or structure that is not permanently affixed
to the land.
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.
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.
All that portion of a development that is used by vehicles,
the total area used for vehicular access, circulation, parking, loading
and unloading.
An off-street parking space shall consist of a hard-surfaced space with a minimum area of 162 square feet and access using a curb cut to a public street or private right-of-way. For residences with three dwelling units or less, the paved driveway area, excluding front yard area, may be used to calculate required parking spaces. Vehicles parked tandem, one behind another, outside of a garage will not be considered as separate off-street parking spaces. Required off-street parking areas for five or more vehicles shall be designed in accordance with § 410-78.
An establishment that engages, in whole or part, in the business
of loaning money on the security of pledges of personal property,
or deposits or conditional sales of personal property, or the purchase
or sale of personal property.
A set of criteria or limits relating to elements which a
particular use or process either must meet or may not exceed.
Permeable paving is a broadly defined group of pervious types
of pavements used for roads, parking, sidewalks and plaza surfaces.
Most of these consist of a permeable surface layer with enough structural
integrity to support at least light vehicular use, and a subgrade
layer or lavers of materials such as aggregate that provide a structural
base and allow for storage and infiltration of stormwater. Permeable
paving reduces impacts of impervious cover by allowing runoff to infiltrate,
augmenting the recharge of groundwater, and enhancing pollutant uptake
removal in the underlying soils. Permeable pavement can even result
in reduced maintenance requirements by improving the drainage characteristics
of an impervious area. There are many different types of permeable
paving, including concrete-style grid pavers; lattice-style paving
that includes grass in spaces between lattice work; porous pavement
that looks like regular pavement (asphalt or concrete) but is manufactured
without fine (small particle size) materials; cobblestone; brick;
plastic modular blocks; crushed aggregate or gravel.
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.
A site where antenna(s) are located on an existing structure
and which transmit and receive signals in the frequency of 1,850 and
2,200 MHz (Megahertz) at a power of less than 200 watts.
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.
A portable, weather-resistant receptacle designed and used
for the storage or shipment of household goods, wares, building materials
or merchandise. The term shall not include yard waste containers provided
by the City pursuant to City Code § 31-35, roll-off containers,
or containers having a storage capacity of less than 150 cubic feet.
A review meeting of a proposed development held between applicants
and the Planning Department before formal submission of an application
for a permit or for development approval.
The process of returning a property to a state of utility,
through repair or alteration, which makes possible an efficient contemporary
use while preserving those portions and features of the property which
are significant to its historic, architectural and cultural values.
A relocation of a structure on its present site or to another
site.
A change meant to remedy damage or deterioration of a structure
or its appurtenances.
Either one or two rooms without cooking facilities in a rooming
house.
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 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.
A regulated use which is permitted pursuant to the special
use permit issued by the authorized governmental entity, pursuant
to R.I.G.L. § 45-24-42. Formerly referred to as a "special
exception."
A provision for storage of stormwater runoff and the controlled
release of the runoff during and after a flood or storm.
A provision for storage of stormwater runoff.
A public or private thoroughfare 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."
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:
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.
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.
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.
A local street with only one outlet and having an appropriate
vehicular turnaround, either temporary or permanent, at the closed
end.
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.
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.
All public property reserved or dedicated for street traffic.
A portion of a street reserved to provide access to future
development, which may provide for utility connections.
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
of a recorded lot by any means is considered a subdivision.
Administrative subdivision. Subdivision 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 reviews any
subdivision qualifying for this review is set forth in the Land Development
and Subdivision Regulations.
Minor subdivision. A subdivision creating nine or fewer buildable
lots. The process by which the City Planning Commission or Joint Planning
Commission as appropriate, a technical review committee, and/or Administrative
Officer reviews a minor subdivision is set forth in the Land Development
and Subdivision Regulations.
Major subdivision. A subdivision creating 10 or more buildable
lots. The process by which the City Planning Commission or Joint Planning
Commission as appropriate reviews any subdivision qualifying for this
review under the Land Development and Subdivision Regulations.
Any lot lawfully existing on October 21, 1966, and not in
conformance with the dimensional and/or area provisions of this chapter.
A committee or committees appointed by the municipality for
the purpose of reviewing, commenting, and approving and/or making
recommendations to the City Planning Commission or Joint Planning
Commission as appropriate with respect to approval of land development
and subdivision applications or Administrative Officer, as set forth
in this chapter and the Land Development and Subdivision Regulations.
An independent structure, having a roof supported by columns,
resting on a foundation and designed for the shelter of public transportation
patrons.
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. 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, a use variance or a dimensional variance.
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 § 410-133A.
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. See § 410-127.
Includes all surface waters including all waters of the territorial
sea, tidewaters, all inland waters of any river, stream, brook, pond,
or lake, and wetlands, as well as all groundwaters.
Any salt marsh bordering on the tidal waters of this state,
whether or not the tidal waters reach the littoral areas through natural
or artificial watercourses, and those uplands directly associated
and contiguous thereto which are necessary to preserve the integrity
of that marsh, and as further defined by the RI Coastal Resources
Management Program, as may be amended.
Includes, but is not limited to, those areas that are inundated
or saturated by surface or groundwater at a frequency and duration
to support, and that under normal circumstances do support a prevalence
of vegetation adapted for life in saturated soil conditions. Freshwater
wetlands includes, but is not limited to: marshes, swamps, bogs, emergent,
and submergent plant communities, and for the purposes of this chapter,
rivers, streams, ponds, and vernal pools,
A tower structure exceeding 50 feet in height used for transmitting
and receiving signals in the 800 MHz (Megahertz) band, which may optionally
have a microwave antenna(s) attached.
YARDA required open space other than a court, unoccupied and unobstructed by any structure or portion of a structure; provided, however, that fences, walls, posts and customary yard accessories may be permitted subject to the limitation of this chapter.
FRONT YARDThe area between a street line and a line parallel thereto, drawn through the nearest point of a structure, other than an exempted structure.
REAR YARDThe area between a rear lot line and a line parallel thereto, drawn through the nearest point of a main structure, other than an exempted structure.
SIDE YARDThe area between a side lot line and a line parallel thereto, drawn through the nearest point of a structure, other than an exempted structure.
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.
A document signed by the Director, as required in this chapter,
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.
The map or maps which are a part of this chapter and which
delineate the boundaries of all mapped zoning districts within the
City.
Chapter 410 of the Pawtucket Code of Ordinances: that includes the Zoning Map.
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. Zoning use districts include, but are not limited
to: agricultural, commercial, industrial, institutional, open space,
and residential. Each district may include subdistricts. Districts
may be combined.
