A.
Where words or phrases used in these regulations are
defined in either the Zoning Enabling Act of 1991 or the Rhode Island
Comprehensive Planning and Land Use Regulation Act of 1988 or the
Town of Westerly Zoning Ordinance, they shall have the meaning stated
therein.
B.
ABANDONMENT
ABUTTER
ABUTTING LOT
ACCESSORY FAMILY DWELLING UNIT
ADULT ENTERTAINMENT BUSINESS
(1)
(2)
(3)
AGGRIEVED PARTY
(1)
(2)
AGRICULTURAL LAND
APPLICANT
APPLICATION
AQUIFER
AQUIFER AREAS
ARTIST STUDIO - ARTISAN MANUFACTURING
ART STUDIO - GENERAL
ART STUDIO - COMMERCIAL
ASSISTED LIVING
BED-AND-BREAKFAST
BUFFER
BUILDING
BUILDING ENVELOPE
BUILDING HEIGHT
BUILDING LINE
BUILDING LOT, RESIDENTIAL CLUSTER
BUILDING SETBACK LINE OR LINES
CAPACITY OF LAND
CAREGIVER
CEMETERY
CHILD-CARE CENTER
CLUB
CLUSTER DEVELOPMENT
COMMON OWNERSHIP
COMMUNITY RESIDENCE
(1)
(2)
(3)
(4)
COMPREHENSIVE PLAN
CONGREGATE HOUSING
CONSERVATION RESTRICTION
DAY-CARE CENTER
DAY-CARE HOME, FAMILY
DENSITY, RESIDENTIAL
DEVELOPMENT
DEVELOPMENT PLAN REVIEW
DISCHARGE
DISTRICT
DRAINAGE SYSTEM
DRIVE-THROUGH FACILITY
DWELLING UNIT
EARTH REMOVAL
EFFLUENT
EXTRACTIVE INDUSTRY
FAMILY
FLOODPLAINS or FLOOD HAZARD AREA
FLOOR AREA RATIO
FREEBOARD
GASOLINE SERVICE STATION
GROSS FLOOR AREA
GROUNDWATER
HALFWAY HOUSE
HARDSHIP
HAZARDOUS or TOXIC MATERIAL(S)
HAZARDOUS WASTE
HISTORIC OR CULTURAL RESOURCE
HOME OCCUPATION
HOTEL
HOUSEHOLD
IMPERVIOUS SURFACE
INFRASTRUCTURE
INN
JUNKYARD
KENNEL
LAND
LAND DEVELOPMENT PROJECT
LODGING HOUSE/GUESTHOUSE
LOT
(1)
(2)
LOT AREA
LOT AREA, MINIMUM
LOT, CORNER
LOT COVERAGE
LOT DEPTH
LOT FRONTAGE
LOT LINE
(1)
(2)
(3)
LOT SIZE, MINIMUM
LOT WIDTH
MARINA
MERE INCONVENIENCE
MIXED-USE DEVELOPMENT
MOBILE HOME
MOBILE HOME PARK
MODIFICATION
MOTEL
MULTIFAMILY DWELLING
MUNICIPAL WATER FACILITIES
NONCONFORMANCE
(1)
(a)
(b)
(2)
NONPROFIT ORGANIZATION
NURSING HOME
OCEANFRONT HISTORIC HOTEL
OFFICE, GENERAL COMMERCIAL
OPEN SPACE
OPERATOR
OVERLAY DISTRICT
OWNER
PERFORMANCE STANDARDS
PERMITTED USE
PERSON
PET DAY-CARE FACILITY
PETROLEUM PRODUCT
PINBALL OR GAME ROOM
PLANNED DEVELOPMENT
PLANNED DEVELOPMENT ZONING DISTRICT
PLANT AGRICULTURE
POLLUTANT
POLLUTION
PREAPPLICATION CONFERENCE
PROFESSIONAL OFFICE
RELEASE
RESTAURANT
RESTAURANT, FAST-FOOD
(1)
(2)
RETAINING WALL
ROAD or STREET
SANITARY SEWAGE
SETBACK
SETBACK LINE or LINES
SHOPPING CENTER
SIGN
SINGLE-FAMILY ATTACHED UNIT
SINGLE-FAMILY DETACHED UNIT
SITE PLAN
SLOPE OF LAND
SOLID WASTE
SPECIAL USE
STRUCTURE
SUBDIVISION
SUBSTANDARD LOT OF RECORD
SUPERMARKET
TOWNHOUSE
TRANSIENT RESIDENTIAL FACILITY
UNDERGROUND STORAGE TANK
USE
VARIANCE
(1)
(2)
WATERS
WELL
WETLAND
WIDTH
YARD
YARD, CORNER SIDE
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING CERTIFICATE
ZONING DISTRICT
ZONING MAP
ZONING ORDINANCE
ZONING USE DISTRICTS
For the purposes of these regulations, the following
terms shall have the meaning stated herein.
Some overt act or failure to act which would lead one to
believe that the owner of the nonconforming use neither claims nor
retains any interest in continuing the nonconforming use unless the
owner can demonstrate an involuntary interruption of nonconforming
use, such as by fire and natural catastrophe, does not establish the
intent to abandon the nonconforming use. However, if any nonconforming
use is halted for a period of one year, the owner of the nonconforming
use will be presumed to have abandoned the nonconforming use, unless
that presumption is rebutted by the presentation of sufficient evidence
of intent not to abandon the use.
One whose property abuts, that is, adjoins at a border, boundary
or point with no intervening land.
Two or more lots of record which have one or more common
boundary.
[1]A subordinate dwelling unit to an owner-occupied single-family
dwelling, which is occupied by 1) a family member with disabilities,
2) family members who are 62 years of age or older, 3) other family
members, or 4) a caregiver of the occupant or occupants of the primary
dwelling. An accessory dwelling unit shall be within, or attached
to, the primary dwelling-unit structure and designed so that the appearance
of the principal structure remains as a single-family dwelling unit.
No more than one accessory dwelling unit shall be permitted on a lot.
This use shall comply with the requirements in R.I.G.L. § 45-24-37(e).
[Added 10-26-2020 by Ch.
No. 1997]
An adult entertainment business is:
[Added 4-9-2007 by Ch. No. 1598]
Any commercial establishment or business where
any individual, employee, operator or owner works or performs in the
nude, nudity meaning the showing of the human male or female genitals,
pubic area, or buttocks with less than a fully opaque covering, the
showing of the female breast with less than a fully opaque covering
of any part of the nipple and below, or showing of the covered male
genitals in a discernibly turgid state; or
Any commercial establishment or business that
displays actual or simulated acts of sexual activity by clothed or
nude individuals, either live or on film, videotape or by electronic
means, intended to provide sexual stimulation or sexual gratification;
or
Any commercial establishment whose major business
is the sale of books, magazines, or other printed material, or movies,
films, DVDs, other video reproductions, or novelty items intended
to provide sexual stimulation or sexual gratification.
For purposes of this chapter:
Any person or persons or entity or entities
who can demonstrate that their property will be injured by a decision
of any official or agency responsible for administering this chapter;
or
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Anyone requiring notice pursuant to pertinent
provisions of this chapter.
Land suitable for agriculture by reason of suitability of
soil or other natural characteristics or past use for agricultural
purposes.
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 this chapter or the
Zoning Official, Planning Board, Zoning Board of Review, or Town Council
for development plan review, approval, or permitting purposes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A geologic formation capable of yielding significant amounts
of water.
The groundwater reservoirs and portions of the surrounding
stratified drift.
"Artisan manufacturing" means the shared or individual use
of hand tools, mechanical tools and electronic tools for the manufacture
of finished products or parts, including design, processing, fabrication,
assembly, treatment and packaging of products, as well as the incidental
storage, sales and distribution of such products. Typical artisan
manufacturing uses include, but are not limited to, electronic goods,
food and bakery products; alcoholic beverages; nonalcoholic beverages;
printmaking; household appliances; leather products; jewelry and clothing/apparel;
metal work; furniture; glass or ceramic production; paper manufacturing.
Artist taught classes offered to the public are permitted within the
studio. For purposes of this definition, the usable space for fabrication
shall not exceed 1,500 square feet.
[Added 10-26-2020 by Ch.
No. 1997]
A studio for artist activities, such as painting, sculpture,
photography, or video art, with little to no outside impacts.
[Added 10-26-2020 by Ch.
No. 1997]
A commercial establishment where an art, type of exercise,
or activity is taught, practiced, or studied, such as dance, martial
arts, photography, music, painting, gymnastics, or yoga. An art studio
- commercial may have performance space related to the classes taught
on site. For purposes of this definition, the usable space of the
facility shall not exceed 3,500 square feet.
[Added 10-26-2020 by Ch.
No. 1997]
A complex including common area for dining and other services
and rooms and suites of rooms providing individual bathroom facilities
with limited cooking facilities consisting of a microwave and stove
top occupied by individuals age 55 or older or who are disabled.
[Amended 5-15-2000 by Ch. No. 1300; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
See § 260-54.
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.
[Added 10-26-2020 by Ch.
No. 1997]
See § 260-20, Standard dimensional regulations.
[Amended 3-9-2015 by Ch.
No. 1833; 3-25-2019 by Ch. No. 1953; 10-26-2020 by Ch. No. 1997]
A line generally parallel to the street line and extending
between side lot lines, and running along the front of the principal
building closest to the street as it is actually located on the lot.
A lot which is occupied or designated for occupancy by a
residential structure and its accessory structure in a residential
cluster development.
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 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.
As used in the context of an accessory family dwelling unit,
this term refers to a person who provides a broad range of assistance
for an older adult or an adult or child with chronic or disabling
conditions. As way of explanation, this term includes a "caregiver"
as defined by R.I.G.L. § 23-17.27-1(2) and "family caregiver"
as defined by R.I.G.L. § 40-8.11-2(b).
[Added 10-26-2020 by Ch.
No. 1997]
A place where the dead are buried. For purposes of this chapter
a cemetery must have a minimum of 20 acres.
Any day-care center which provides day time child care for
more than six children and is not located in the home of the day care
provider.
A corporation subject to the provisions of RIGL 7-6, owning,
hiring or leasing a building or space in a building of such extent
and character as may be suitable and adequate for the reasonable and
comfortable accommodation of its members, and whose affairs are conducted
by a board of directors, executive committee or other similar body
chosen by the members at a meeting held for that purpose, none of
whose members, officers, agents or employees profit from the distribution
or sale of beverages to the members of the club or to its guests,
beyond the amount of such reasonable salary or wages as may be fixed
and voted each year by the directors or other governing body.
A development 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 are specified in this chapter and include reduction in lot areas, setback requirements, and/or bulk requirements, with the resultant open land being devoted by deed restrictions to 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. (See § 260-46.)
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 abuse treatment
facilities. This shall include but not be limited to the following:
Whenever six or fewer children or adults with
retardation reside in any type of residence in the community, as licensed
by the state pursuant to RIGL 40.1-24. All requirements pertaining
to local zoning are waived for these community residences;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A group home providing care or supervision,
or both, to not more than eight persons with disabilities, and licensed
by the state pursuant to RIGL 40.1-24;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 RIGL 72.1-42;
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.
The Comprehensive Plan adopted and approved by the Westerly
Town Council pursuant to RIGL 45-22.2 and to which any zoning regulation
adopted pursuant to this chapter shall be in compliance.
A complex including common area for dining and other services
and rooms and suites of rooms providing individual bathroom facilities
with full kitchen facilities occupied only by individuals age 55 or
over or who are disabled.
[Amended 5-15-2000 by Ch. No. 1300; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
A limitation upon or with respect to the use of land stated
in the form of a restriction, easement, covenant or condition, in
a deed or other instrument executed by the owner of an area to maintain
the land predominantly in its natural or scenic or open condition
or in open space and/or open space for use as recreational land. Such
conservation restriction shall be governed by and have the attributes
set forth in RIGL 34-39-1 et seq.[2]
Any 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 fewer individuals who are not relatives of the caregiver,
but may not contain more than a total of eight individuals receiving
day care.
The number of households or 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.
he process whereby authorized local officials review the development plans, maps and other documentation of a development to determine compliance with the purposes and standards of this chapter and as further described in § 260-45.
[Amended 10-26-2020 by Ch. No. 1997]
To groundwater the intentional, negligent, accidental, or
other release of any pollutant onto or beneath the land surface, in
a location where it is likely to enter the groundwater of the Town.
See "zoning use district."
A system for the removal of water from land by drains, grading
or other appropriate means, including runoff controls to minimize
erosion and sedimentation during and after construction or development,
means for preserving surface and groundwaters, and means for prevention
and/or alleviation of flooding.
Any building or portion of a building or structure from which
business may be transacted directly with customers in motor vehicles.
A structure, or portion of a structure, 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.
[Amended 9-21-2020 by Ch. No. 1995; 10-26-2020 by Ch. No. 1997]
The extraction, quarrying or removal of any soil, loam, sand,
gravel, stone, granite, clay, shale or other earth materials from
deposits on any tract of land on which it is found, excluding, however,
earth removal necessary for the development of a site. (See, for comparison,
definition of "extractive industry.")
Liquid that is discharged from a facility.
One that is engaged in 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 or 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.
An area that has a one-percent or greater chance of inundation
in any given year, as delineated by federal emergency agency pursuant
to the National Flood Insurance Act of 1968, as amended (P.L. 90-448).
(See also RIGL 45-22.2-4.)
The ratio of a building's gross floor area to the area of
the lot on which the building is located.
[Added 11-19-2007 by Ord. No. 1621]
A factor of safety expressed in feet above the base flood elevation (BFE) within a special flood hazard area for purposes of floodplain management. The Town of Westerly has adopted a required minimum freeboard standard in § 260-20.[3]
[Added 10-21-2013 by Ch. No. 1800; amended 10-26-2020 by Ch. No. 1997]
Buildings and lots where gasoline, oil, grease, batteries,
tires and automobile accessories are sold at retail, and where, in
addition, only the following services may be rendered: sale and servicing
of spark plugs, batteries and distributor parts; tire servicing and
repair but not recapping or regrooving; replacement of mufflers and
tail pipes, water hoses, fan belts, brake fluid, light bulbs, fuses,
floor mats, seat covers, windshield wipers and wiper blades, grease
retainers, wheel bearings, mirrors and the like; radiator cleaning
and flushing; washing and polishing, and sale of automotive washing
and polishing materials; greasing and lubrication; providing and repairing
fuel pumps, oil pumps and lines; minor servicing and repair of carburetors;
emergency wiring repair; adjusting and repairing brakes; minor motor
adjustments; sales of hot and cold drinks, packaged or prepared foods,
tobacco, dairy products, newspapers and similar convenience goods,
as accessory and incidental to the principal use; provision of road
maps and other informational material to customers; provision of rest-room
facilities.
The sum of the gross horizontal areas of all floors of a
building, measured from the exterior faces of the exterior walls or
from the center line of walls separating two buildings. Gross floor
area does not include basements when at least 1/2 the floor-to-ceiling
height is below grade, attic space having a floor-to-ceiling height
less than seven feet, exterior balconies, uncovered steps, or inner
courts.
[Added 11-19-2007 by Ord. No. 1621]
Groundwater and associated terms as defined in RIGL 46-13.1-3.
A residential facility for adults or children who have been
institutionalized for criminal conduct and who require a group setting
to facilitate the transition to a functional member of society.
See RIGL 45-24-41.
Any substance or combination of substances which, because
of quantity, concentration or physical, chemical, or infectious characteristics,
poses a significant present or potential hazard to water supplies
or to human health.
Hazardous waste as defined in the Rhode Island Department
of Environmental Management Rules and Regulations for Hazardous Waste
Generation, Transportation, Treatment, Storage and Disposal, 1988,
and amendments thereto.
Any real property, structure, natural object, place, landmark,
landscape, archaeological site or configuration or any portion or
group of the preceding which has been listed on the federal or state
register of historic places or that is considered by the Rhode Island
Historical Preservation & Heritage Commission to meet the eligibility
criteria for listing on the state register of historic places pursuant
to RIGL 42-45-5 or is located in a historic district established by
a municipality in accordance with RIGL 45-24.1, Historic Area Zoning.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any business, occupation or activity for gain undertaken by a legal resident of the property, within a residential structure, that is incidental and secondary to the use of that structure as a dwelling unit, in accordance with § 260-65 of this chapter.
[Amended 2-28-2011 by Ch. No. 1744]
A building or group of buildings providing rooms without
in-room cooking facilities for transient lodging with at least 75%
of the rooms having primary access through a main lobby, except that
limited cooking facilities consisting of a range with oven, microwave,
dishwasher and refrigerator of no more than 11 cubic feet may be included
in units, provided that where such facilities exist, no individual
shall occupy the unit as a permanent residence, and in any event shall
not occupy the unit for more than 10 consecutive weeks.
[Amended 5-15-2000 by Ch. No. 1300; 11-29-2010 by Ch. No. 1734]
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 of 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:
Any material that reduces, impedes or slows infiltration
or absorption of stormwater directly into the ground, including building,
asphalt, concrete, granite, stone and other surfaces. Impervious surface
shall not include graveled driveways, graveled parking or other construction
elements or techniques deemed to be pervious based on competent evidence
presented to the Zoning Official.
[Amended 10-26-2020 by Ch. No. 1997]
Facilities and services needed to sustain residential, commercial,
industrial, institutional, and other activities.
A building accommodating overnight guests, having a dining
area with kitchen and food preparation area, having exterior siding
such as wood clapboards or shingles, porches, verandas, latticework,
and other architectural features in keeping with the residential character
of the neighborhood.
The use of any lot, whether inside or outside a building,
which is maintained, or operated or used for the storing, keeping,
buying or selling of junk, scrap materials, or the dismantling or
demolition or abandonment of automobiles or other vehicles or machinery
or parts thereof.
See § 260-79.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 the Zoning Ordinance and as further described in § 260-45.1.
[Amended 9-21-2020 by Ch. No. 1995; 10-26-2020 by Ch. No. 1997]
See § 260-54.
Either:
The basic development unit for determination
of lot area, depth, and other dimensional regulations; or
A parcel of land whose boundaries have been
established by some legal instrument such as a recorded deed or recorded
map and which is recognized as a separate legal entity for purposes
of transfer of title.
The total area within the boundaries of a lot, excluding
any street right-of-way, usually reported in acres or square feet.
The smallest land area established by the local zoning ordinance
upon which a use, building or structure may be located in a particular
zoning district.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)
A lot at the junction of and fronting on two or more intersecting
roads or streets.
That a portion of the lot that is or may permissibly be impervious
expressed as a percentage of the total lot area.
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:
FRONT LOT LINE The lot line separating a lot from a street right-of-way.
REAR LOT LINE 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 entirely within the lot, parallel to and at a maximum distance from the front lot line; and
SIDE LOT LINE Any lot line other than a front or rear lot line.
See "minimum lot area."
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)
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 facility for storing, servicing, fueling, berthing, and securing and launching of boats that may include the sale of fuel and incidental supplies for the boat owners, crews, and guests. (See § 260-75.)
See RIGL 45-24-1.[4]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The use of any structure or group of structures on single or contiguous multiple lots of record for a combination of residential and nonresidential purposes, pursuant to § 260-64.
[Added 11-19-2007 by Ord. No. 1621]
A movable or portable one-family vehicular dwelling unit,
constructed to be towed on its own chassis, designed to be used without
permanent foundation for temporary or permanent living. It may consist
of one or more units that can be telescoped when towed and expanded
later for additional capacity, or more units separately towable but
designed to be joined into one integral unit.
Lot used for the placement of mobile homes for temporary
or permanent use.
A permission granted and administered by the Zoning Official
and pursuant to the provisions of this chapter to grant a dimensional
variance other than lot area requirements of this Zoning Ordinance
to a limited degree as determined by this Zoning Ordinance, but not
to exceed 25% of each of the applicable dimensional requirements.
A building or group of buildings with connected units not
having primary access through a main lobby designed as individual
living and/or sleeping quarters for hire without in-room cooking facilities,
except that limited cooking facilities consisting of a range with
oven, microwave, dishwasher and refrigerator of no more than 11 cubic
feet may be included in units, provided that where such facilities
exist, no individual shall occupy the unit as a permanent residence,
and in any event shall not occupy the unit for more than 10 consecutive
weeks.
[Amended 5-15-2000 by Ch. No. 1300; 11-29-2010 by Ch. No. 1734]
A residential building designed for or occupied by four families
or more with the number of families in residence not to exceed the
number of dwelling units provided.
Any structure owned by the Town of Westerly used or intended
for the retrieval, treatment, storage and/or distribution of potable
and/or drinking water; the sheltering of equipment used for such purposes
and the operation of any and all equipment and facilities for such
purposes.
[Added 12-13-2004 by Ch. No. 1520]
A building, structure, or parcel of land, or use thereof,
lawfully existing at the time of the adoption or amendment of a Zoning
Ordinance and not in conformity with the provisions of such ordinance
as amended.
Nonconformance shall be of only two types:
By use: "Nonconforming by use" means 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 regulations of this Zoning
Ordinance shall be nonconforming by use; or
Nonconforming by dimension: "Nonconforming by
dimension" means a building, structure, or parcel of land not in compliance
with the dimensional regulations of the Zoning Ordinance.
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 the
Zoning Ordinance, but not meeting the lot area per dwelling unit regulations,
shall be nonconforming by dimension.
A corporation or an unincorporated association of persons
formed for religious, charitable, educational or recreational purposes,
no part of the net earnings of which inures to the benefit of any
shareholder or individual.
A facility licensed by the State of Rhode Island, and maintained
for the purpose of providing skilled nursing care and medical supervision
at a lower level than that available in a hospital.
A hotel located on the oceanfront or an estuarine embayment which has existed as a hotel since at least 1935 and substantially in its current configuration since 1975. To encourage preservation, restoration and/or replication of such hotels, they may be used as limited suite hotels. "Limited suite hotel" means a building or group of buildings with at least 75% of its suites or rooms having access through a principal structure. Suites are limited to a maximum of two bedrooms, a kitchen/dining area, other living area(s) and bathroom(s). Such suites may comprise not more than 2/3 of the total suites and traditional hotel rooms in a limited suite hotel. Such hotels must include publicly accessible elements providing substantial food service, meeting room(s) and beverages. Such hotels may also include accessory facilities such as a fitness center, indoor swimming pool and internally accessible shops. Such hotels are subject to the architectural review provisions of § 260-45F(1).[5]
[Added 10-12-2004 by Ch. No. 1510; amended 6-13-2005 by Ch. No. 1544]
A commercial establishment in which the principal use is
a personal or professional service, and which does not include the
sale of commodities at wholesale or retail which is not part of the
professional service. Included in the definition of "office" are medical,
insurance, finance, law, engineering or similar professional services.
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 such open space, provided that the area may be improved
with only those buildings, structures, streets, and off-street parking
and other improvements that are incidental to the natural openness
of the land.
Any person or persons having control or having legal responsibility
for operating or maintaining any facility which is subject to these
regulations.
A district established in a Zoning Ordinance that is superimposed
on one or more districts or parts of districts. The standards and
requirements associated with an overlay district may be more or less
restrictive than those in the underlying districts, consistent with
other applicable state and federal laws.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who holds exclusive or joint title to, or lawful
possession of, real or personal property which is subject to these
regulations.
A set of criteria or limits relating to elements which a
particular use or process either must meet or may not exceed.
A use by right which is specifically authorized in a particular
zoning district.
Any natural person, firm, trust, partnership, association
or corporation.
An establishment that provides food, shelter, water and day care for dogs, cats and other similar domestic household pets (collectively "pets") for all or part of the day only. (See § 260-79.1.)
[Added 6-8-2020 by Ch.
No. 1990]
Crude oil or any fractions thereof and includes substances
derived from crude oil including, but not limited to, the following:
gasoline, fuel oils, diesel oils, waste oils, gasohol, lubricants,
and solvents.
Any public place, building or room where three or more gaming
devices, machines or apparatus are kept for the use and entertainment
of the public; or any place where the purpose of such business is
to maintain three or more machines, which upon the insertion of a
coin, slug, token, plate, disc or in any other manner manipulated,
may be operated by the public for use as a game or amusement, whether
or not registering a score and whether its operation demands skill
or chance or both. The definition of "pinball or game room" shall
be limited to places which derive their principal source of income
from such machines.
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.
See § 260-48.
The growing of plants for food or fiber, to sell or consume.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)
Any material or effluent which may alter the chemical, physical,
biological, or radiological characteristics and/or integrity of water,
including but not limited to dredged spoil, solid waste, incinerator
residue, sewage, garbage, sewage sludge, munitions, chemical wastes,
biological materials, radioactive materials, heat, wrecked or discarded
equipment, cellar dirt or industrial, municipal, agricultural, or
other waste or material, petroleum or petroleum products, including
but not limited to oil.
The man-made or man-induced alteration of the chemical, physical,
biological, and radiological integrity of water.
A meeting to review a proposed development, held between
applicants and reviewing agencies as permitted by law and municipal
ordinance, before formal submission of an application for a permit
or for development approval.
A building or portion of a building wherein services are
performed involving predominantly administrative, professional, or
clerical operations.
Any spilling, leaking, pumping, pouring, emitting, emptying,
injecting, escaping, leaching, dumping, or disposing of any pollutant
onto or below the land surface. For purposes of these regulations,
"release" also includes any storage, disposal, or abandonment of any
substance or material in a manner which presents a substantial threat
of release as herein defined.
An establishment that serves food and beverages primarily
to persons seated within the building. This includes cafes, tearooms,
and outdoor cafes.
Any establishment whose principal business is the sale of
foods, frozen desserts, or beverages in ready-to-consume individual
servings, for consumption either within the restaurant building or
for carry-out, and where either:
Foods, frozen desserts, or beverages are usually
served in paper, plastic, or other disposable containers, and where
customers are not served their food, frozen desserts, or beverages
by a restaurant employee at the same table or counter where the items
are consumed; or
The establishment includes a drive-up or drive-through
service facility or offers curb service.
A vertical exterior structure constructed and erected between
lands of different elevations that is used to keep in place soil material
or earth fill, protect structures and/or prevent erosion.
[Added 9-12-2005 by Ch. No. 1551]
Any public or private highway which affords the principal
means of access to abutting properties.
Wastewater associated with human hygiene, routine cleaning
and janitorial activities that is discharged from sanitary conveniences
(e.g., toilets, sinks, tubs, showers; dishwashers, kitchen sinks;
and laundry machines).
The required minimum horizontal distance between the building
line and the related front, side or rear property line.
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.
A group of stores or other commercial establishments in one
or more buildings planned, developed and managed as a single facility
on one lot with off-street parking provided on the lot.
A structure or device conveying information to the public in written or pictorial form. (See § 260-86, Signs, for further definitions.)
A dwelling unit in a structure with one or more other dwelling
units.
A dwelling unit in a structure with no other dwelling units.
The development plan for one or more lots on which is shown
the existing and/or the proposed conditions of the lot.
The grade, pitch, rise or incline of the topographic landform
or surface of the ground.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)
Solid waste as defined in the current Rhode Island Department
of Environmental Management Rules and Regulations for Solid Waste
Management Facilities, as amended, and amendments thereto; and which
shall include garbage, refuse and other discarded solid materials
generated by residential, institutional, commercial, industrial and
agricultural sources but does not include solids or dissolved materials
in domestic sewage or sewage sludge, nor does it include hazardous
waste. Solid waste shall also include nonhazardous liquid, semisolid,
and containerized gaseous waste.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A regulated use which is permitted pursuant to a special
use permit issued by the authorized governmental entity, pursuant
to RIGL 45-24-42 (formerly referred to as "special exception").
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 or redivision, of a lot, tract or parcel of
land into two or more lots, tracts, or parcels.
Any lot lawfully existing at the time of adoption or amendment
of a Zoning Ordinance and not in conformance with the dimensional
and/or area provisions of that ordinance.
A retail establishment primarily selling food as well as
other convenience and household goods, and having a gross leasable
floor area of 10,000 square feet or more.
A structure of single-family attached units each with direct
access to the outside.
Housing operated on a nonprofit basis intended for occupancy
for periods of fewer than 30 days by persons who are temporarily homeless,
the maximum occupancy of which shall not exceed 20 persons, including
staff.
[Amended 10-26-2020 by Ch. No. 1997]
Any one or combination of tanks (including underground pipes
connected thereto) which is used to contain an accumulation of petroleum
product or hazardous material, and the volume of which (including
the volume of the underground pipes connected thereto) is 10% or more
beneath the surface of the ground.
The purpose or activity for which land or buildings are designed,
arranged, or intended, or for which land or buildings are occupied
or maintained.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A 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 a Zoning Ordinance. There
shall be only two categories of variance: a use variance or a dimensional
variance.
USE VARIANCE A permission to depart from the use requirements of a Zoning 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 the Zoning Ordinance.
DIMENSIONAL VARIANCE A permission to depart from the dimensional requirements of a Zoning Ordinance, where the applicant for the requested relief has shown, by evidence upon the record, that there is no 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.
As defined in RIGL 46-12-1(23).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A bored, drilled, or driven shaft or a dug hole, with a depth
that is greater than its largest surface dimension, through which
groundwater flows, has flowed, or may flow under natural or induced
pressure.
A marsh, swamp, bog, pond, river, river or stream flood plain
or bank; an area subject to flooding or storm flowage; an emergent
or submergent plant community in any body of fresh water; or an area
within 50 feet of the edge of a bog, marsh, swamp, or pond, as defined
in RIGL 2-1-20; or 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)[6]]
See definition for "lot width."
A required open space on the same lot with a building(s),
unoccupied and unobstructed by any structure from the surface of the
ground upward, except for drives, walks, fences and customary yard
accessories and other structures as specifically allowed by this chapter.
The side yard on that side of a lot located at the corner
or the intersection of two street lines, nearest the side street.
The yard between a street line and a line generally parallel
thereto at a distance therefrom equal to the depth of the required
front yard, and extending between the side lot lines.
The yard between a rear lot line and a line parallel thereto
at a distance therefrom equal to the depth of the required yard, and
extended between the inner side yard setback lines.
The yard between a side lot line and a line parallel thereto
at a distance therefrom equal to the depth of the required side yard,
and extending between the rear line of the required front yard to
the rear lot line or projection thereof; or if there is no required
front yard, extending between the rear lot line and the street line.
A document signed by the Zoning Official, as required in
the Zoning Ordinance, which acknowledges that a use, structure, building
or lot either complies with or is legally nonconforming to the provisions
of the municipal Zoning Ordinance or is an authorized variance or
modification therefrom.
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. A particular parcel of land may be subject to
more than one district.
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 Westerly.
The ordinance enacted by the Town Council of Westerly pursuant
to the Zoning Act and in the manner providing for the adoption of
ordinances in the Town's Charter,[7] which sets forth regulations and standards relating to
the nature and extent of uses of land and structures, which is consistent
with the Comprehensive Plan of Westerly which includes a Zoning Map,
and which complies with the provisions of the Zoning Act.
The basic unit in zoning to which a uniform set of regulations
applies, or a uniform set of regulations for a specified use. Also
referred to as "zone" or "zoning district."
[1]
Editor's Note: The definitions of "accessory apartment," "accessory
building," as amended 9-21-2020 by Ch. No. 1995, and "accessory use," as amended 9-21-2020 by Ch. No. 1995, which immediately followed this definition were repealed 10-26-2020 by Ch. No. 1997.
[2]
Editor's Note: The definition of "customary home occupation,"
which immediately followed this definition, was repealed 2-28-2011
by Ch. No. 1744.
[3]
Editor's Note: The former of "garage, repair," which immediately
followed this definition, was repealed 9-21-2020 by Ch. No. 1995..
[4]
Editor's Note: The former definition of "mixed
residential and commercial use," which immediately followed this definition,
was repealed 11-19-2007 by Ord. No. 1621.
[5]
Editor's Note: The definition of "office, home," which immediately
followed this definition, was repealed 2-28-2011 by Ch. No. 1744.
[6]
Editor's Note: This definition of "wetland" effectively replaced
both the definition of "wetland, coastal," and "wetland, freshwater,"
which were formerly included separately.
