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:
ABUTTER
One whose property abuts, that is, adjoins at a border, boundary or point with no intervening land.
ACCESSORY FAMILY DWELLING UNIT (ADU)
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.
ACCESSORY USE
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.
ADAPTIVE REUSE
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.
ADMINISTRATIVE OFFICER
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.
AGGRIEVED PARTY
An "aggrieved party," for purposes of this chapter, shall be:
A. 
Any person or persons or entity or entities who can demonstrate that their property will be injured by a decision of the Director; or
B. 
Anyone requiring notice pursuant to this chapter.
ALTERATION
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.
ANIMAL
A living organism other than a plant or bacterium and excluding human beings. Included are fish, amphibians, reptiles, birds and mammals.
APPLICANT
An owner or authorized agent of the owner submitting an application or appealing an action of any official, board, or agency.
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.
APPURTENANCES
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.
AUCTION HOUSE
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.
BED-AND-BREAKFAST
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.
BLACK BOX THEATER (or EXPERIMENTAL THEATER)
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.
BOARD
The Zoning Board of Review of the City of Pawtucket.
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.
BUILDING
Any structure used or intended for supporting or sheltering any use or occupancy.
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.
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 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:
A. 
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
B. 
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.
CAFE
A restaurant serving coffee and other beverages along with baked goods or light meals.
CERTIFICATE OF APPROPRIATENESS
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.
CERTIFICATE OF OCCUPANCY
A. 
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:
(1) 
Occupancy and use of a building hereafter erected and enlarged;
(2) 
Change in use of an existing building to a difference in use;
(3) 
Intensification of an existing use of either a building or land;
(4) 
Occupancy and use of vacant land except for raising of crops;
(5) 
Change in the use of land to different use except for the raising of crops; or
(6) 
Any change in use of a nonconforming use.
B. 
The occupancy use or change of use shall not take place until a "certificate of occupancy" has been issued by the Director.
CITY
The City of Pawtucket, Rhode Island.
CITY PLANNING COMMISSION
The official planning agency of the City of Pawtucket.
CLUSTER
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.
COASTAL FEATURES
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.
COMMON OWNERSHIP
Either:
A. 
Ownership by one or more individuals or entities in any form of ownership of two or more contiguous lots; or
B. 
Ownership by any association (such ownership may also include a municipality) of one or more lots under specific development techniques.
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-use-disorder treatment facilities. This shall include, but not be limited to, the following:
A. 
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."
B. 
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.
C. 
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.
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 purpose of fostering independence, self-sufficiency and eventual transition to a permanent living situation.
COMPASSION CENTER
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.
COMPREHENSIVE PLAN
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.
CONSISTENCY WITH THE COMPREHENSIVE PLAN
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.
CONSTRUCTION
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.
COWORKER SPACE
A shared working environment, often an office, but that houses independent activities, and those coworking are usually not employed by the same organization.
CULTURAL ACTIVITY
Any nonprofit or for-profit museum, library, art gallery, legitimate theater or other similar use, and may include outdoor.
D.U.
Abbreviation for dwelling unit.
DATA PROCESSING FACILITY
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.
DAY CARE - DAY-CARE CENTER
Any other day-care center which is not a family day-care home.
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 caregiver, but may not contain more than a total of eight individuals receiving day care.
DAYS
Calendar days.
DEMOLITION
An act or process that destroys a structure or its appurtenances in part or in whole.
DENSITY, RESIDENTIAL
The number of dwelling units per unit of land.
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.
DEVELOPMENT PLAN REVIEW
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. 
A change in use at the property where no extensive construction of improvements is sought.
B. 
An adaptive reuse project located in a commercial zone where no extensive exterior construction of improvements is sought.
C. 
An adaptive reuse project located in a residential zone which results in less than nine residential units.
D. 
Development in a designated urban or growth center.
E. 
Institutional development design review for educational or hospital facilities.
F. 
Development in a historic district.
DEVELOPMENT REGULATION
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
Director of the Division of Zoning and Code Enforcement of the City of Pawtucket.
DISTRICT
See "zoning use district."
DRAINAGE SYSTEM
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.
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.
ELECTRIC VEHICLE CHARGING STATION
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.
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 a part of the extractive activity.
FAMILY MEMBER
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."
FARMER'S MARKET
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
"Federally insured or assisted housing" means:
A. 
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.).
B. 
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.).
C. 
Rural low-income housing financed under Section 515 of the Housing Act of 1949 (12 U.S.C. § 1715Z).
FENCE
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.
FENCE, NATURAL
A barrier of ornamental shrubbery that exceeds 30 inches in height.
FENCE, OPEN
A fence in which 75% or more of the side area is open. An example is a chain link fence.
FENCE, SOLID
A fence in which more than 50% of the side area is closed or opaque. An example is a wooden stockade fence.
FENCE, WALL
A barrier constructed of masonry materials erected at or near property lines for the purpose of enclosure.
FLEA MARKET
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.
FLOATING ZONE
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.
FLOODPLAINS OR FLOOD HAZARD AREA
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.
FLOOR AREA, GROSS
See Rhode Island State Building Code.
GALLERY
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.
GOVERNING BODY
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.
GROUNDWATER
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."
HALFWAY HOUSES
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.
HISTORIC DISTRICT or HISTORIC SITE
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.
HOME OCCUPATION
Any activity customarily carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit.
HOTEL AND MOTEL
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."
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:
A. 
A family, which may also include servants and employees living with the family; or
B. 
A person or not more than five unrelated persons occupying a single household or dwelling unit.
INCENTIVE ZONING
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.
INCUBATOR
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.
INDEPENDENT LIVING FACILITY
A residential facility where adults reside in a family setting and receive limited supervised care.
INFRASTRUCTURE
Facilities and services needed to sustain residential, commercial, industrial, institutional and other activities.
JOINT PLANNING COMMISSION (JPC)
The City Planning Commission meeting concurrently with the Central Falls Planning Board. See §§ 11-59 and 410-43.9.
KIOSK, FREESTANDING EXTERIOR
A freestanding exterior structure of less than 500 square feet for drive-up or walk-up window services or retail sales.
LAND
Real property including improvements and fixtures on, above, or below the surface.
LAND DEVELOPMENT AND SUBDIVISION REGULATIONS
Regulations adopted under the provisions of the Subdivision Enabling Act of 1992, R.I.G.L. 45-24 and Chapter 11 Article VII.
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 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.
A. 
Minor land development project. A land development project involving any one the following:
(1) 
Ten thousand gross square feet of floor area of new commercial, manufacturing or industrial development; or less, or
(2) 
An expansion of up to 50% of existing floor area or up to 10,000 square feet for commercial, manufacturing or industrial structures; or
(3) 
Mixed-use development consisting of up to six dwelling units and 2,500 gross square feet of commercial space or less;
(4) 
Multifamily residential or residential condominium development of nine units or less; or
(5) 
Change in use at the property where no extensive construction of improvements are sought;
(6) 
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;
(7) 
An adaptive reuse project located in a residential zone which results in less than nine residential units.
B. 
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.
LICENSED CULTIVATOR
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.
LITTLE FREE LIBRARY
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.
LIVE/WORK SPACE
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.
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.
LOT AREA
The total area within the boundaries of a lot, excluding any street right-of-way, usually reported in acres or square feet.
LOT BUILDING COVERAGE
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.
LOT DEPTH
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.
LOT FRONTAGE
That portion of a lot abutting a street.
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. 
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.
B. 
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.
C. 
SIDEAny lot line other than a front or rear lot line.
LOT OF RECORD
A parcel of land record in the office of the Recorder of Deeds of the City of Pawtucket.
LOT SIZE, MINIMUM
Shall have the same meaning as "minimum lot area" defined herein.
LOT WIDTH
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.
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.
MANUFACTURED HOME PARK
Two or more manufactured homes located on the same lot.
MARIJUANA TESTING FACILITY
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.
MIXED USE
A mixture of land uses within a single development, building or tract.
MODIFICATION
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.
MULTITENANT COMMERCIAL STRUCTURE
A structure containing more than one tenant space in a commercial zone.
MULTITENANT INDUSTRIAL STRUCTURE
A structure containing more than one tenant space in an industrial zone.
NIGHTCLUB
An establishment serving food and liquor in which music, dancing and entertainment are conducted.
NONCONFORMANCE
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:
A. 
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
B. 
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.
NONRESIDENTIAL COOPERATIVE CULTIVATION
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.
OPEN SPACE
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.
OUTDOOR RETAIL - ACCESSORY
Retail activity that takes place in an open lot, tent, trailer, motor vehicle, enclosure or structure that is not permanently affixed to the land.
OVERLAY DISTRICT
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.
PARCEL
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.
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.
PARKING SPACE (OFF-STREET)
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.
PAWN SHOP
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.
PERFORMANCE STANDARDS
A set of criteria or limits relating to elements which a particular use or process either must meet or may not exceed.
PERMEABLE PAVERS
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.
PERMITTED USE
A use by right which is specifically authorized in a particular zoning district.
PERMITTING AUTHORITY
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.
PERSONAL COMMUNICATIONS SYSTEM ANTENNA
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.
PLANNED DEVELOPMENT
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.
PORTABLE STORAGE CONTAINER
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.
PREAPPLICATION CONFERENCE
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.
REHABILITATION
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.
REMOVAL
A relocation of a structure on its present site or to another site.
REPAIR
A change meant to remedy damage or deterioration of a structure or its appurtenances.
ROOMING UNIT
Either one or two rooms without cooking facilities in a rooming house.
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.
SITE PLAN
The development plan for one or more lots on which is shown the existing and/or the proposed conditions of the lot.
SLOPE OF LAND
The grade, pitch, rise or incline of the topographic landform or surface of the ground.
SPECIAL USE
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."
STORMWATER DETENTION
A provision for storage of stormwater runoff and the controlled release of the runoff during and after a flood or storm.
STORMWATER RETENTION
A provision for storage of stormwater runoff.
STREET
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."
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:
A. 
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.
B. 
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.
C. 
LOCALStreets whose primary function is to provide access to abutting properties.
STREET, ACCESS TO
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.
STREET, ALLEY
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.
STREET, CUL-DE-SAC
A local street with only one outlet and having an appropriate vehicular turnaround, either temporary or permanent, at the closed end.
STREET, LIMITED ACCESS HIGHWAY
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.
STREET, PRIVATE
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.
STREET, PUBLIC
All public property reserved or dedicated for street traffic.
STREET, STUB
A portion of a street reserved to provide access to future development, which may provide for utility connections.
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.
SUBDIVISION
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.
A. 
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.
B. 
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.
C. 
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.
SUBSTANDARD LOT OF RECORD
Any lot lawfully existing on October 21, 1966, and not in conformance with the dimensional and/or area provisions of this chapter.
TECHNICAL REVIEW COMMITTEE
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.
TRANSIT SHELTER
An independent structure, having a roof supported by columns, resting on a foundation and designed for the shelter of public transportation patrons.
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.
VARIANCE
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.
A. 
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.
B. 
DIMENSIONAL VARIANCEPermission to depart from the dimensional requirements of this chapter under the applicable standards set forth in § 410-133A.
VESTED RIGHTS
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.
WATERS
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.
WETLAND, COASTAL
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.
WETLAND, FRESHWATER
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,
WIRELESS COMMUNICATIONS ANTENNA
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.
A. 
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.
B. 
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.
C. 
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.
D. 
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.
ZONING
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.
ZONING CERTIFICATE
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.
ZONING MAP
The map or maps which are a part of this chapter and which delineate the boundaries of all mapped zoning districts within the City.
ZONING ORDINANCE
Chapter 410 of the Pawtucket Code of Ordinances: that includes the Zoning Map.
ZONING USE DISTRICT
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.