Town of Charlestown, RI General Provisions

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Article I General Provisions

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§ 218-1 Authority/severability.

§ 218-2 Purpose/consistency with Comprehensive Plan/state laws.

§ 218-3 Conformity required.

§ 218-4 Vested rights.

§ 218-5 Word usage and definitions.

§ 218-1 Authority/severability.

Authority. Pursuant to the authority granted by Rhode Island General Laws § 45-24-27 to 72, also known as the Rhode Island Zoning Enabling Act of 1991, and as hereafter amended from time to time, The Town Council shall have the power to adopt or amend a zoning ordinance. The following Zoning Ordinance is hereby adopted.

Severability. If any section, clause, provision or portion of this Ordinance shall be held invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity or constitutionality of any other section, clause, provision or portion of this Ordinance.

§ 218-2 Purpose/consistency with Comprehensive Plan/state laws.

Comprehensive Plan. The Zoning Regulations set forth in this Ordinance are adopted to be consistent with the Town of Charlestown Comprehensive Plan 1991, and any amendments thereto. The Regulations are made with reasonable consideration, to preserve the rural character of the Town, to encourage the most appropriate use of land, to enhance the beauty of the community, to be consistent with the RI CRMC SAM Plan and to protect the character of neighborhoods. This Ordinance shall be construed in a manner that will further the implementation of the goals and policies and applicable elements of the Town of Charlestown Comprehensive Plan 1991, and any amendments thereto.

Purposes. Adopted pursuant to R.I. Gen. Laws § 45-22.2 for the following purposes that are intended to be given equal priority and are numbered for reference only:

(1)

Promoting the public health, safety, and general welfare.

(2)

Providing for a range of uses and intensities of use appropriate to the rural character of the Town and reflecting current and expected future needs.

(3)

Providing for orderly growth and development that recognizes:

(a)

The goals and patterns of land use contained in the adopted Comprehensive Plan and foster the Plan's implementation.

(b)

The natural characteristics of the land, including its suitability for use based on soils characteristics, topography, and susceptibility to surface or groundwater pollution;

(c)

The values and dynamic nature of coastal and freshwater ponds, the shoreline, and freshwater and coastal wetlands;

(d)

The values of unique or valuable natural resources and features;

(e)

The availability and capacity of existing and planned public and/or private services and facilities;

(f)

The need to shape and balance urban and rural development; and

(g)

The use of innovative development regulations and techniques.

(4)

Providing for the control, protection, and/or abatement of air, water, groundwater, and noise pollution, and soil erosion and sedimentation.

(5)

Providing for the protection of the natural, historical, cultural, and scenic character of the Town or areas therein.

(6)

Providing for the preservation and promotion of agricultural production, forest, silviculture, aquaculture, timber resources and open space.

(7)

Providing for the protection of public investment in transportation, water, stormwater management systems, sewage treatment and disposal, solid waste treatment and disposal, schools, recreation, public facilities, open space, and other public requirements.

(8)

Promoting a balance of housing choices, for all income levels and groups, to assure the health, safety and welfare of all citizens and their rights to affordable, accessible, safe and sanitary housing.

(9)

Promoting safety from fire, flood, and other natural or man-made disasters.

(10)

Promoting quality in design of private and public facilities.

(11)

Providing for coordination of land uses and resources with contiguous Towns, the State, the Narragansett Indian Tribe, and other agencies, as appropriate.

(12)

Providing for efficient review of development proposals, and to clarify the zoning approval process.

(13)

Providing for procedures for the administration of the zoning ordinance, including, but not limited to, variances and special use permits.

(14)

Promoting an economic climate that increases quality job opportunities and the overall well-being of the Town.

§ 218-3 Conformity required.

No land shall be used and no building, structure or sign shall be erected, demolished, modified, enlarged or used unless it conforms to applicable sections of the Ordinance. Every building, structure or sign hereafter erected and every use hereafter initiated shall be located on a lot as defined by this Ordinance, and in no event shall there be more than one principal use, together with its accessory buildings, on one lot except as otherwise permitted by this Ordinance.

§ 218-4 Vested rights.

Vested rights shall relate to the review of an application should the zoning ordinance change before the review process has been completed. Applications for development that are submitted and have been deemed complete before enactment of this Ordinance shall have vested rights to proceed with the application process according to the regulations applicable of the Zoning Ordinance in force at the time the application was submitted and deemed complete. Projects for which a currently valid building permit is in effect shall have vested right to proceed and comply with the Zoning Ordinance in force under which the permit was issued.

§ 218-5 Word usage and definitions.

Word usage. As used in this ordinance, words used in the present tense include the future, the singular includes the plural, and the plural includes the singular. The word used includes designed, intended or arranged to be used. The word shall is mandatory. The word may is permissive. The word building includes the word structure. The word lot includes the word plot. The word land includes the words marsh and water.

Terms defined. Words or terms used in this ordinance are defined according to the Rhode Island Comprehensive Planning and Land Use Regulation Act of 1988 and the Rhode Island Zoning Enabling Act of 1991 and shall have the meanings stated therein. Definitions from the Rhode Island Zoning Enabling Act are preceded by an asterisk (*). Additional words and phrases are consistent with the Town of Charlestown Comprehensive Plan 1991 and to be consistent with the RI DEM "Rules and Regulations for Groundwater Quality," May, 1995, and amendments thereto. The following terms and words are defined for use in this Ordinance.

ABATTOIR

A place where animals are slaughtered.

*ABUTTER

One whose property adjoins at a border, boundary, or point with no intervening land.

ACCESS

An entrance way for vehicles to leave or enter a property from a public road.

*ACCESSORY DWELLING UNIT

A residential living unit on the same parcel where the primary use is a legally established single-unit or multi-unit dwelling. An ADU provides complete independent living facilities for one or more persons. It may take various forms including, but not limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; or a unit that is part of an expanded or remodeled primary dwelling.

[Added 1-8-2024 by Ord. No. 407[1]]

*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. Such accessory use is restricted to the same lot as the principal use. An accessory use is permitted without the principal use to which it is related by special use permit only.

ACCOUNTING/ BOOKING SERVICES

Space in a building used for the purposes of providing products and items related to the services of a certified accountant or bookkeeper.

ACRE

A measure of land area containing forty-three thousand, five hundred and sixty square feet.

ADULT DAY CARE CENTER

Any building or structure which is used to provide supervision for persons who are 18 years of age or older who may be elderly, physically ill, infirm, or physically handicapped such that they require daily supervision and medical treatment incidental to such supervision. The term does not include uses which provide residential, surgical, medical, or special treatment as relates to housing persons who have a chronic illness, disease or injury, or other condition that would require the degree and treatment provided by a nursing home or hospital.

ADULT ENTERTAINMENT

Any commercial establishment or business where any individual, employee, operator or owner works or performs in the nude. Nudity means 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. Adult entertainment shall also be construed to mean actual or simulated acts of sexual activity by clothed or nude individuals and includes both live exposure and film or video. Any bookstore, novelty store, video store, or any commercial establishment in which more than twenty-five (25) percent of the in-store inventory contains, for sale, rental or display, pictures, written material or any type of reproduction of human anatomy which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, or contain instruments, devices, or paraphernalia which are designed for use in connection with specific sexual activities.

ADVERTISING SALES OFFICE

Space in a building used for the providing of expertise to create and sell advertising for clients.

AFFORDABLE HOUSING PLAN

(As used in ARTICLE V) A component of a housing element, as defined in § 45-22.2-4(33),[2] to meet housing needs in a city or town that is prepared in accordance with guidelines adopted by the state planning council, and/or to meet the provisions of § 45-53-4(b)(1) and (c).[3]

*AGGRIEVED PARTY

An aggrieved party, for purposes of this Ordinance shall be: (1) Any person or persons or entity who can demonstrate that their property will be injured by a decision of any officer or agency responsible for administering this Ordinance; or (2) Anyone requiring notice pursuant to this ordinance.

*AGRICULTURAL LAND

Any land of five contiguous acres or larger that by reason of soil suitability or other natural characteristics is suitable for agriculture as defined in R.I. Gen. Laws § 45-22.2-4.

AGRICULTURAL OPERATIONS

218-104 (partial) The purpose of this Section is to encourage farming and agricultural operations in the Town that follow established best management practices as published by the Rhode Island Department of Environmental Management, Division of Agriculture and the United States Department of Agriculture, Natural Resource Conservation Service. It is also to encourage farming and agricultural operations in addition to principal agricultural activities conducted on the site and the retail sales of certain farm and farm-related products.

AGRICULTURE

The use of land for agricultural purposes, including farming, dairying, pasturages, apiculture, horticulture, floriculture, turf farming, and animal and poultry husbandry. Also the necessary accessory uses for packing, treating, or storing the produce, provided that the operation of any such accessory use shall be secondary to that of the normal agricultural activities on that land or premises.

AIR CONDITIONING/ HEATING/ PLUMBING SERVICES

Land, buildings, or structures used for the purposes of providing products and maintenance related to the provision of air conditioning, heating, and plumbing utilities.

AIRPORT

The use of land, building, or structures for landing, storing, taxiing, or taking off of aircraft.

ALTERATION

A change or rearrangement in structural parts or an enlargement.

AMBULANCE SERVICES

A facility used for the purposes of housing vehicles that transport the sick or injured.

AMUSEMENT PARK

A commercial/recreational establishment where permanent buildings or structures have been erected for the purposes of fantasy entertainment, a circus or carnival or similar exhibition or midway show or sideshow and where one or more of the following classes of amusement or recreation are also provided:

(1)

Multiple mechanically or electrically operated rides;

(2)

A place of amusement or fantasy;

(3)

A restaurant or food courts.

ANIMAL HOSPITAL/VETERINARY OFFICE

Space in a building used for the purpose of giving medical or surgical treatment to animals. Kennel use is limited to short time boarding and incidental to such hospital use.

ANIMATED SIGN

A sign manifesting either kinetic or illusionary motion occasioned by natural, manual, mechanical, electrical or other means.

ANTIQUE/COLLECTIBLES STORE

Space in a building used for the purpose of selling personal property of a former period and objects typically collected in sets.

APPAREL/ACCESSORY SHOP

Space in a building used for the purpose of the retail sales of clothing and clothing accessories.

APPAREL MANUFACTURING

The use of land, buildings, or structures for the manufacturing of clothing items.

*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.

APPROVED AFFORDABLE HOUSING PLAN

(As used in ARTICLE V) An affordable housing plan that has been approved by the director of administration as meeting the guidelines for the local comprehensive plan as promulgated by the state planning council; provided, however, that state review and approval, for plans submitted by December 31, 2004, shall not be contingent on the city or town having completed, adopted, or amended its comprehensive plan as provided for in §§ 45-22.2-8, 45-22.2-9, or 45-22.2-12.[4]

AQUIFER

A geologic formation, group of formations, or part of a formation that is capable of yielding significant amounts of water.

ARBORETUM

Land, buildings, or structures used for the scientific study and public display of various species of trees and shrubs.

ARCHITECTURAL/ PLANNING/ ENGINEERING SERVICES

Space in a building used for the purpose of providing products and items related to the services of registered professional architects, planners or surveyors, or engineers.

ART CENTER

A building, place or area where paintings, sculptures, or other works of art are exhibited by an educational, non-profit organization.

ART GALLERY

Space in a building used for the purpose of exhibiting and/or selling paintings, sculptures, or other works of art.

ARTS & CRAFTS SUPPLY STORE

Space used in a building for the retail sales of materials and supplies used by visual artists for their art making and artisans for the creation of handicraft items. Finished objects may also be sold. If educational lessons are offered see definition for Art Studio/Workshop.

ART STUDIO/ WORKSHOP

A place of work for an artist, artisan or craftsperson, including persons engaged in the application, teaching or performance of fine arts such as, but not limited to, drawing, painting, sculpture, vocal or instrumental music and writing. Artists, artisans or craftspeople whose processes involve furnaces, kilns, forges or other such equipment will need a special use permit which will consider issues of noise, fumes, toxic gasses, flames, etc. No outdoor processing space shall be allowed.

ASSISTED LIVING/ SKILLED CARE

A facility or part of a facility that is licensed or regulated to provide health care under medical supervision for 24 or more consecutive hours, to two or more patients who are not related to the governing authority or its members by marriage, blood or adoption.

ATHLETIC/ PLAY FIELD

Land that is landscaped and equipped with children's equipment such as slides and swings and/or areas for sporting games.

ATHLETIC/ SPORTING GOODS STORE

Space in a building used for the purpose of retail sales of items relating to competitive sports or active recreational activities.

AUCTION BARN

Space in a building used for the purpose of offering goods for sale to persons who bid on objects.

AUTOMATIC COMMERCIAL CAR WASH

A structure used for the cleaning or washing of automobiles through the application of cleaner, brushes, water and heat.

AUTOMOBILE MANUFACTURING

The use of land, buildings, or structures for the manufacture of self-propelled wheeled vehicles and/or parts to those vehicles.

AUTOMOBILE REPAIR, MAJOR

The use of land, buildings or structures for general repair, engine rebuilding or reconditioning, collision service, such as body, frame or fender straightening and repair, overall painting and undercoating of automobiles. The term does not include dismantling or storage of wrecked or junked vehicles.

AUTOMOBILE REPAIR, MINOR

The use of land, buildings or structures for replacing parts of motor vehicles including, but not limited to, engine tune-up, tire, brake, and electrical services.

AUTOMOBILE STORAGE

An area where automobiles are held after accidents, towing, motor vehicle violations, etc.

AUTOMOBILE WRECKING/ RECYCLING YARD

An establishment that disassembles, dismantles, and disposes of vehicles. Parts may or may not be sold at the establishment.

AUTOMOTIVE RENTAL AGENCY

The use of land, or building or structures where motor vehicles are stored for lease or rented and where such motor vehicles may be dropped off or picked up.

AUTOMOTIVE SUPPLY STORE

Space in a building used for the purpose of retail sales of items relating to automobiles or motor vehicles. It does not include automotive or motor vehicle repairs as accessory uses.

BAIT/ TACKLE SHOP

Space in a building used for the purpose of retail sales of lure food used in the taking of fish or birds and equipment used in such sports.

BAKERY/ WHOLESALE

An establishment engaged in the mixing and compounding of baked goods for wholesale distribution where there is no retail sales on the premises.

BAKE SHOP/ RETAIL

Space in a building used for the purpose of the sale of retail baked goods including baking for retail sale on the premises.

BANK

Space in a building used for the purpose of depositing, keeping, lending or exchanging money.

BANNER

A sign made of a non-rigid surface such as cloth, fabric, or paper with no enclosing framework.

BANQUET HALL

Space in a building used for the purpose of entertaining a large group of people for specific functions such as banquets or weddings. It includes the consumption of food and drink.

BASE FLOOD

The flood having a one percent possibility of being equaled or exceeded in any given year.

BATCH PLANT

The use of facilities designed to stockpile materials and/or actual production of asphalt and concrete or asphalt and concrete products.

BATHING BEACH

An area dedicated primarily for sun bathing and swimming and includes accessory parking and sanitary facilities.

BED AND BREAKFAST

A new single family dwelling in which the principal use is the single family residence; and, as an accessory use, no more than three bedrooms are made available for transient overnight occupancy for compensation. A single family dwelling unit in existence on the effective date of this Ordinance may make available up to six bedrooms for transient overnight occupancy as an accessory use.

BICYCLE SHOP/ RENTALS

Space in a building used for the purpose of retail sales, services and rentals of bicycles.

BILLBOARD

Any sign or advertising device not related to a use on the lot on which it is located, regardless of its size or dimensions.

BLACKSMITH, WELDING OR MACHINE SHOP

An establishment for the fabricating and/or machining of metals.

BOARD

The Zoning Board of Review of the Town of Charlestown.

BOAT/ MARINE MANUFACTURING

The use of land, buildings, or structures for the manufacture of small craft which navigate on water.

BOAT/ MARINE SHOP

Land, buildings, or structures used for the retail sales and maintenance services for boats and marine related items.

BOOK STORE

Space in a building used for the purpose of retail sales of printed materials such as books, magazines, and periodicals.

BOTANICAL GARDEN

Any land, buildings, or structures used for the scientific study and public display of various species of plants and plantlife.

BOUTIQUE

Space in a building used for the purpose of retail sales of fashionable, specialty clothing items and accessories.

BREWERY, DISTILLERY

An establishment for production and wholesale distribution of alcoholic beverages.

*BUFFER

Land that 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 building setbacks, maximum height, bulk, or other regulations, and/or any combination thereof.

BUILDING FOOTPRINT

The building footprint shall be calculated by measuring the exterior dimensions of a structure, excluding decks, porches, breezeways, courtyards and subject to the discretion of the Building Official.

*BUILDING HEIGHT

The vertical distance from average natural grade of land before excavation to the highest point of the roof or structure of the building. The distance includes spires and flag poles. It does not include chimneys for single family homes.

BUILDING SUPPLY/ LUMBER OUTLET

An establishment that engages in the wholesale or retail sale of lumber and allied products that are used in the construction industry.

BULK FUEL DEPOT

The use of land, buildings, or structures for the bulk storage and distribution of fuels and oils. It does not include retail sales or accessory uses to a principal business.

BUSINESS/ CONSULTING SERVICES

Space in a building used for the purpose of providing advice and expertise relating to business matters for profit.

BUS STOP

An area at which passengers may board or disembark from a bus and may include a small shelter having three walls designed for the protection and convenience of bus passengers. Public school buses are not included in this definition.

CABLE/RADIO/ TV STUDIO

Any land, buildings, or structures where cable, radio, or television show or shows are produced from which the signals originate. It does not include transmission towers.

CANDY STORE

Space in a building used for the purpose of primarily selling confectionery edibles.

CANNABIS

As used in this ordinance, cannabis or marijuana means all parts of any plant of the genus cannabis, including but not limited to the seeds, resin, compound, salt, derivative, mixture, or use containing any amount of tetrahydrocannabinol.

[Added 6-12-2023 by Ord. No. 401]

CANNABIS RETAILER

An entity licensed by the Rhode Island Cannabis Control Commission as a Cannabis Retailer or a Marijuana Retailer to purchase or deliver cannabis or marijuana products from Cannabis or Marijuana Establishments and to sell or otherwise transfer these products to Cannabis Marijuana Establishments and to consumers. Unless licensed, retailers are prohibited from delivering cannabis or marijuana products to consumers; and from offering cannabis or marijuana products for the purposes of on-site social consumption on the premises of a Cannabis or Marijuana Establishment.

[Added 6-12-2023 by Ord. No. 401]

CANNABIS RETAIL STORE

An establishment authorized to sell or otherwise transfer cannabis or marijuana products to consumers for use off the premises, but not to cultivate, manufacture, process, or package cannabis or marijuana products, in accordance with applicable state laws and regulations. A Cannabis Retail store must be licensed to operate as a Cannabis or Marijuana Retailer in accordance with applicable state laws and regulations.

[Added 6-12-2023 by Ord. No. 401]

CANOPY SIGN

A sign that is part of or attached to an awning, canopy, or other material as a protective cover over a door, entrance, window, walkway or outdoor service area.

CAPACITY

Actual and permanent seats within a public school system to serve the needs of Town residents. Effective capacity is a function of number of seats that meet the school's educational goals with a fully functioning facility that includes not just classroom seats, but also support core facilities, such as space for art, music, vocational training, gym, lunchroom, toilets, library, outdoor play area, and carrying capacity of the land to withstand additional septic discharge. Double sessions or even interim installation of trailer classrooms do not add capacity nor do they solve the problem of effective capacity.

CAPITAL IMPROVEMENT PROGRAM

(As used in ARTICLE XV) That component of a municipal budget that sets out the need for public facility capital improvements, the costs of the improvements, and proposed funding sources. A capital improvement program must cover at least a five (5) year period and should be reviewed at least every five (5) years;

CAPITAL IMPROVEMENTS

(As used in ARTICLE XV) Improvements with a useful life of ten (10) years or more, which increases or improves the service capacity of a public facility;

CARPENTRY/ CONSTRUCTION/ CONTRACTING SERVICES

Land, buildings, or structures used for the purposes of providing services relating to the assembly, finishing, and repairing of wooden objects, and the business of building.

CATERER'S ESTABLISHMENT

Space in a building used for the purpose of preparing quantities of food and beverages to be consumed off the premises. Does not include a restaurant establishment.

CEMETERY/ COLUMBARIUM/ CREMATORIUM

Property used for the interring of human bodies which may and include land, structures, or buildings for the cremation of human remains, facilities for the storing of ashes of human remains or the interment of human remains in sealed crypts or compartments.

CHANGEABLE COPY SIGN

A sign that is designed so that characters or letters can be manually changed or rearranged without altering the face or surface of the sign.

CHARITABLE INSTITUTION

Space in a building used for the purpose of giving help to those in need.

CHURCH/PLACE OF WORSHIP

Space in a building maintained by an organized religious body, where people on a regular basis assemble for worship.

CLUB/ SERVICE ORGANIZATION

Buildings and/or facilities owned or operated by a corporation, association, persons or persons for a social, educational or recreational purpose, but not primarily for profit and not to render a service that is customarily carried on as business.

*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 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 than would be permitted under conventional development.

COASTAL FEATURES

As defined in R.I. General Laws § 46-23.

COLD STORAGE LOCKER

A building whose principal use is for the storage of frozen food.

COLD WATER STREAM

Coldwater fishery means waters in which naturally occurring water quality and/or habitat allow the maintenance of naturally reproducing indigenous coldwater fish populations.

[Added 8-31-2022 by Ord. No. 397]

CO-LOCATION

More than one wireless communications provider mounts equipment and accessories on a single support structure, tower, or pole at a site.

COMMERCIAL HELIPORT

The use of land, buildings or structures for the landing and taking off by helicopters to pick up and discharge passengers and cargo.

COMMERCIAL KENNEL

A commercial establishment for the keeping, training, raising, breeding of more than four dogs and other domestic animals excluding livestock for profit or gain, but shall not apply to keeping of animals for observation and/or recovery necessary to veterinary treatment.

COMMERCIAL PARKING LOT/STRUCTURE

The use of land, or building, or structures for parking motor vehicles, for public or private purposes for a fee.

COMMERCIAL PRINTING SHOP

Land, building or structures where an establishment is located that provides duplicating services/printing equipment that may utilize hazardous materials.

COMMERCIAL RIDING STABLE

A stable with capacity for three or more horses, mules, or other farm animals that are let, hired, used or boarded on a commercial basis for compensation.

COMMERCIAL USE

An occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee.

COMMODITY/ MORTGAGE SERVICES

Space in a building used for the purpose of providing services relating to commercial items, goods, financial items, stocks, or banking services.

*COMMON OWNERSHIP

Either:

(1)

Ownership by one or more individuals or entities in any form of ownership of two or more contiguous lots, or

(2)

Ownership by any association (such ownership may also include the Town) of one or more lots under specific development techniques.

COMMUNICATION/ BROADCAST SERVICES

Any land, buildings, or structures where a system for sending ideas, messages, or information is transmitted to an area. It does not include transmission towers.

COMMUNITY CENTER

Land, building or structures used for community activities and controlled by the Town or an agent thereof.

*COMMUNITY RESIDENCE

A home or residential facility where children and/or adults reside in a family setting and may or may not receive supervised care. This shall not include halfway houses or substance abuse treatment facilities. This shall include, but not be limited to the following:

(1)

Whenever six or fewer retarded children or adults reside in any type of residence in the community, as licensed by the State pursuant to R.I. Gen. Laws § 40.1-24-1.

(2)

Group home providing care or supervision, or both to not more than eight mentally disabled, and mentally or physically handicapped persons, and licensed by the State pursuant to R.I. Gen. Laws § 40.1-24-1.

(3)

A residence for children providing care or supervision, or both, to not more than eight children including those of the care giver and licensed by the state pursuant to R.I. Gen. Laws § 42-72.1 .

(4)

A community transitional residence providing care or assistance, or both, to less 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 such residence not less than sixty 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.

COMMUNITY WATER SUPPLY WELL

A well that serves a community water system.

COMMUNITY WATER SYSTEM

A public water system that serves at least fifteen service connections used by year-round residents or regularly serves at least twenty-five year-round residents.

*COMPREHENSIVE PLAN

A comprehensive plan adopted and approved by a city or town pursuant to chapters 22.2 and 22.3 of this title.

CONSERVATION DEVELOPMENT

The site planning and design process used to implement cluster subdivisions and land developments. Conservation development guides growth to the most appropriate areas within a parcel of land to avoid and minimize impacts to natural, cultural or recreational resources and other special features of the property, manages stormwater utilizing Low Impact Development (LID) techniques, and requires the set-aside of a permanent area of open space. This technique is further described in the Rhode Island Conservation Development Guidance Manual (DEM 2003). See § 218-52 of this ordinance.

[Added 8-31-2022 by Ord. No. 397]

CONSERVATION OPPORTUNITY AREAS

Important forest and rare habitat areas that have been defined and mapped by DEM in their Wildlife Action Plan. These areas include:

[Added 8-31-2022 by Ord. No. 397]

(1)

Ecological land units.

(2)

High value high vulnerability habitat.

(3)

Natural Heritage sites.

(4)

Core forests 250 acres or greater.

(5)

Wildlife corridors.

CONSISTENT WITH LOCAL NEEDS

(As used in ARTICLE V) Reasonable in view of the state need for low and moderate income housing, considered with the number of low income persons in the city or town affected and the need to protect the health and safety of the occupants of the proposed housing or of the residence of the city or town, to promote better site and building design in relation to the surroundings, or to preserve open spaces, and if the local zoning or land use ordinances, requirements, and regulations are applied as equally as possible to both subsidized and unsubsidized housing. Local zoning and land use ordinances, requirements, or regulations are consistent with local needs when imposed by a city or town council after comprehensive hearing in a city or town where:

(1)

Low or moderate income housing exists which is:

(a)

in the case of an urban city or town which has at least 5,000 occupied year-round rental units and the units, as reported in the latest decennial census of the city or town, comprise twenty-five percent (25%) or more of the year-round housing units, is in excess of fifteen percent (15%) of the total occupied year-round rental units; or

(b)

in the case of all other cities or towns, is in excess of ten percent (10%) of the year-round housing units reported in the census.

(2)

The city or town has promulgated zoning or land use ordinances, requirements, and regulations to implement a comprehensive plan which has been adopted and approved pursuant to chapters 22.2 and 22.3 of this title, and the housing element of the comprehensive plan provides for low and moderate income housing in excess of either ten percent (10%) of the year-round housing units or fifteen percent (15%) of the occupied year-round rental housing units as provided in subdivision (2)(i).

CONSTRAINTS TO DEVELOPMENT

[Amended 8-31-2022 by Ord. No. 397]

(1)

Freshwater wetlands, as defined by RIGL § 2-1-20 (1987), as amended, and any definitions contained in the rules and regulations governing the Administration and Enforcement of the Freshwater Wetlands Act, adopted pursuant to RIGL § 2-1-20.1, as amended.

(2)

Water bodies.

(3)

Land located in any Special Flood Hazard Area or floodway, as shown on the Flood Insurance Rate Maps or floodway maps of the Town of Charlestown, dated October 16, 2013, and any revisions thereto.

(4)

The following types of coastal features as defined in the RI Coastal Resources Management Program, as amended:

CRMP Section	Type of Coastal Feature
210.1	Coastal beaches
210.2	Barrier islands and spits, undeveloped
210.3	Coastal wetlands
210.4	Coastal headlands, bluffs and cliffs
210.5	Rocky shores
210.6	Manmade shorelines
210.7	Dunes

(5)

Any area of the tract proposed to be developed equal to the area of any street, common private way, structural stormwater treatment practice not suitable for on-lot use due to safety and/or maintenance access needs, and/or utility rights-of-way, including drainage, gas or electrical power line easements.

(6)

Any area of ledge and/or rock outcrops within four feet of surface.

(7)

Cemeteries and required buffers, sites having historical or archeological value as determined by RI Historical Preservation and Heritage Commission or the Narragansett Indian Tribal Council, and sites supporting federally endangered species of fauna or flora.

CONTRACTORS YARD

Land, buildings or structures of a general contractor/builder, landscaper, or snow plower where commercial vehicles and/or equipment are parked, dispatched and/or stored.[5]

CONVENTION FACILITY

A building or portion of a building where facilities are provided for meetings for various purposes.

CONVENT/ RECTORY

Space in a building used by members of a religious community for living together under established rules.

COPY

The graphic content of a sign surface in letters, pictographic, symbolic, or alphabetical form.

COPY/ PRINT CENTER

Space in a building used for the purposes of making copies of printed material and documents, designing and printing invitations, letterheads, etc. and may make black line copies of architectural drawings and plans.

CRAFT SHOP

An establishment where a handicraft is conducted for gain or profit and may include sales and educational lessons on creating such handicrafts.

CRISIS INTERVENTION CENTER

A place where short-term and temporary accommodation is provided for persons in emergency situations requiring immediate shelter and assistance for a short period of time.

CROP FARMING

Land used for the growing and harvesting of agricultural products.

CURB-CUT

A defined opening to provide vehicular access from a public road to a property.

CUT STONE/ STONE PRODUCTS SHOP

Any land, buildings, or structures used for the retail sales of concreted earthy matter, mineral, or rock items and products.

DANCE STUDIO

A place of work for a performing artist who is practicing and/or giving lessons in the art of dance between 8 a.m. and 8 p.m.

*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 fewer individuals who are not relatives of the care giver, but may not contain more than eight individuals receiving day care.

DAYS

Calendar days.

DAY SPA

A facility whose services cater to the outer body health and beauty of persons. Lodging accommodations are not included.

DECENTRALIZED WASTEWATER TREATMENT FACILITY

A facility that can serve two or more buildings in a limited area in the community as distinguished from a municipal facility that serves an entire town.

DECENTRALIZED WATER TREATMENT FACILITY

A facility that can serve two or more buildings in a limited area in the community as distinguished from a municipal facility that serves an entire town.

*DENSITY, RESIDENTIAL

The number of dwelling units per unit of land.

DEPARTMENT STORE

A general merchandising store offering a full range of goods, and which exceeds 5,000 square feet of floor area.

[Amended 2-11-2019 by Ord. No. 380]

DETECTIVE/ PROTECTIVE SERVICES

Space in a building used for the purpose of providing services relating to investigating crimes, obtaining evidence, and guarding one from injury, attack, or harm.

DEVELOPER

(As used in ARTICLE XV) A person or legal entity undertaking development;

*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

The process whereby the Town staff and/or the Planning Commission reviews the site plans, maps and other documentation of a development to determine the compliance with the stated purposes and standards of this Ordinance. (Also called site plan review.)

DISCHARGE 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 state.

DISTILLATION PLANT

Land, building or structures used for the distillation of alcohol, bones, wood, tar petroleum or any such products.

DIVING/ SCUBA SHOP

Space in a building used for the purpose of retail sales and services related to underwater sports and where self- contained underwater breathing apparatus may be provided.

DOG DAYCARE/ TRAINING CENTER

This service provides daytime, cage-free care, play, and supervision of dogs, completely indoors. It also provides behavioral training of dogs and instruction for owners to promote dog wellness and good behavior. This use does not include breeding or overnight boarding of dogs.

*DRAINAGE SYSTEM

A system for the removal of surface 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 groundwater quality and the prevention and/or alleviation of flooding.

DRIVE-IN THEATER

An outdoor theater consisting of a screen and parking area where people can watch movies from private automobiles. Restrooms and concession stand are usually associated with the facility.

DRIVE-THROUGH USE

Any portion of a building or structure from which business is transacted directly with customers located in a motor vehicle during such business transactions.

DRIVING RANGE

A public or private area operated for the purpose of developing golf techniques, but excluding golf courses.

DRUG STORE

Space in a building where the primary business is the filling of medical prescriptions and the sale of drugs and medical supplies.

DRY CLEANERS, COIN OPERATED

A building in which coin operated dry cleaning machines is made available for public use.

DRY CLEANING/ LAUNDRY OUTLET

Space in a building used for the collecting and distributing of articles of clothing to be cleaned off premises. The premises may be used for the pressing of articles received.

DWELLING, MULTI-FAMILY

A building consisting of three or more separate dwelling units.

[Amended 12-9-2013 by Ord. No. 360]

DWELLING, SINGLE FAMILY

A dwelling unit designed for and occupied by one family.

DWELLING, TWO-FAMILY

A building designed exclusively for two dwelling units with occupancy by not more than two families.

*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.

ELECTRICAL CONTRACTOR SERVICES

Land, buildings, or structures used for the purpose of providing services relating to the technology and circuitry of electricity.

ELECTRICAL SUPPLY STORE

Space in a building used for the purpose of retail sales of supplies related to the provision of electricity.

ELECTRIC GENERATING PLANT

The use of land, building, or structures to generate power.

ELECTRONIC MANUFACTURER

The use of land, buildings, or structures to manufacture items of composed of electronic materials.

ELECTRONICS STORE

Space in a building used for purpose of retail sales of components, devices, computers, computer products, and supplies related to electronics technology.

ELEMENTARY/ HIGH SCHOOL

An institution certified by the State to educate school children with the ultimate goal of obtaining a high school degree.

EMPLOYMENT SERVICES

Space in a building used for the purpose of providing advice and expertise related to finding jobs for people and finding people qualified to fill jobs.

ENTERTAINMENT (LIVE)

Any play, review, scene, dance, song, performance, or act put on to entertain.

*EXTRACTIVE INDUSTRY

The extraction of soils and/or 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 operations, 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.[6]

*FAMILY

A person or persons related by blood, marriage or other legal means. See also Household.

FARMER'S MARKET

The use of land, buildings, or structures, or part thereof for the purposes of selling fruit and vegetables to the general public.

FARM RETAIL SALES BUILDING

A single building or group of buildings located on a farm, the principal use of which is the sale of agricultural products at retail to the general public.

FARM STAND

A freestanding structure or farm vehicle which does not exceed 200 square feet in total floor area and 12 feet in height used only for the sale of seasonal farm products, the major portion of which are grown or produced on the premises. Farmstands may be structures or may be farm wagons or trailers.

FARM SUPPLY DEALER

The use of land, building or structures where farm equipment and supplies are offered for retail sale. It shall not include any other establishment as defined by this Ordinance.

FEMA

The Federal Emergency Management Agency.

FIRE OR POLICE STATION

Land, building or structures where fire and/or police equipment are kept and where firemen and/or policemen are dispatched while on duty.

FISH PROCESSING

The use of land, or building or structures where fish is cleaned, frozen, preserved or canned for wholesale or retail purposes.

FISHING AREA

An area designated for the catching of fish.

FISH/ SEAFOOD SHOP

Space in a building used for the purpose of retail sales of fish and seafood.

FITNESS CENTER

An establishment providing facilities and services associated with the achievement and maintenance of physical fitness.

FLEA MARKET

Land, building or structures in which sales areas are set aside and rented, and which are for use by various individuals to sell products and goods to the public.

FLOOD BOUNDARY AND FLOODWAY MAP

An official map of the Town on which FEMA has delineated the "Regulatory Floodway".

FLOOD ELEVATION STUDY

An examination, evaluation, and determination of flood hazards and if appropriate corresponding water surface elevations, or an examination and determination of flood-related erosion hazards.

FLOOD INSURANCE RATE MAP (FIRM)

An official map incorporated with this Ordinance, on which FEMA has delineated both the special flood hazard areas and the risk premium zones applicable to the Town of Charlestown.

FLOODPLAINS, OR FLOOD HAZARD AREA

As defined in R.I. Gen. Laws § 45-22.2-4.

FLOORING SALES & SERVICE

Space in a building used for the purposes of providing retail sales, installation, and maintenance services concerning materials used in making floors.

FLORIST

Space in a building used for the purpose of retailing flowers and plants singularly, in groups or as arranged.

FOOD PROCESSING

An establishment where food is processed, prepared, and packaged, but not served or consumed on the premises.

FORESTRY

Establishments primarily engaged in the operation of timber tracts, tree farms, forest nurseries, and the gathering of forest products.

FOUNDRY

The use of land, buildings, or structures primarily for casting metals; a primary metals plant.

FRAGIPAN

A loamy, brittle subsurface horizon low in porosity and content of organic matter and low or moderate in clay, but high in silt or very fine sand. A fragipan appears cemented and restricts roots.

FREESTANDING SIGN

A sign permanently placed on the ground that is supported from the ground and not attached to any building.

FUNERAL HOME

A building used for supplying of human funeral goods and services.

FURNITURE SHOWROOM/HOME FURNISHINGS

Space in a building for the purpose of displaying furniture and home furnishings products for retail sale.

FURNITURE/ UPHOLSTERY REPAIR SERVICES

Spaces in a building used for the purposes of providing services concerning the repair of household furniture.

GAMING FACILITY/ CASINO

Any land, building, or structures where a banking or percentage game is played with cards, dice, or any mechanical or electronic device for money, property or any item of value.

GARDENING

Land that is used for the purpose of growing plants, fruits, flowers, or vegetables.

GARDEN/ LANDSCAPE SUPPLY CENTER

The use of land, buildings, or structures, or part thereof for the purpose of buying or selling lawn and garden equipment, yard furnishings, supplies, plants, flowers, and the materials associated with landscaping.

GASOLINE STATION

A retail establishment intended to be used for the sale of gasoline, oils, and accessories for the use of motor vehicles and the rendering of minor automotive repairs, where such services are incidental to such filling station uses.

GENERAL STORE/CONVENIENCE STORE

A store in which a variety of merchandise for general household use is kept for retail sale. A general store or convenience store shall not exceed 5,000 square feet of floor area.

[Amended 2-11-2019 by Ord. No. 380]

GOLF COURSE

A public or private area operated for the purpose of playing golf, and includes regulation and/or a par 3 golf course, club house and recreational facilities, and accessory driving ranges.

GOVERNMENT ADMINISTRATIVE BUILDING

Space in a building used for the purpose of a municipal office, court house, registry office, health and welfare center, employment office, post office or other office uses. It does not include a penal facility.

GOVERNMENTAL ENTITY

(As used in ARTICLE XV) A unit of local government;

GOVERNMENT GARAGE/ UTILITY BUILDING

Land, buildings, or structures used for governmental functions other than office and administrative functions. It does not include a penal facility.

GRINDING SITE

Land, building, or structures where wastes are treated and/or reduced.

GROCERY STORE/DELI

A store primarily selling prepackaged and perishable foods, as well as other convenience and household goods, and which does not exceed 5,000 square feet of floor area.

[Amended 2-11-2019 by Ord. No. 380]

GROUNDWATER

As defined in R.I. Gen. Laws § 46-13.1-3.

GROUNDWATER DEGRADATION

A deterioration or decline in groundwater quality.

GROUNDWATER QUALITY CLASSIFICATION

The categorization of groundwater for particular uses using its physical, chemical, and hydrogeologic characteristics; also, the particular class (GAA, GA, GB, or GC) assigned to a particular volume of groundwater within specific geographic boundaries.

GROUNDWATER RECHARGE

The process of adding water to the zone of saturation; or the quantity of water added to the zone of saturation.

GROUNDWATER RESERVOIR

Stratified drift deposits having a saturated thickness greater than or equal to forty feet and a transmissivity greater than or equal to four thousand feet squared per day that have been designated by the RI DEM to be potentially significant sources of water.

GUEST HOUSE

An owner-occupied facility offering overnight lodging accommodations to transients for compensation.

HAIRDRESSING ESTABLISHMENT/ BARBER

Space in a building used for the purpose of providing hair care and personal service to individuals such as shampooing, cutting, treatment of hair, manicures, pedicures, facial treatments, etc.

*HALFWAY HOUSE

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.

*HARDSHIP

As defined in R.I. Gen. Laws § 45-24-41.

HARDWARE STORE

Space in a building used primarily for the purpose of selling home repair and improvement products.

HATCHERY

Land, buildings or structures used for the purpose of hatching fish eggs.

HAZARDOUS MATERIAL

Any material defined as a "hazardous substance" by § 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9605) as amended. Hazardous materials shall also include any hazardous waste, as well as any of the following materials: acetone, ethanol, ethylene oxide, methanol, methylene chloride, and perchloroethylene.

HAZARDOUS WASTE

Hazardous waste as defined in the RI DEM Rules and Regulations for Hazardous Waste Generation, Transportation, Treatment, Storage and Disposal, 1988, and amendments thereto.

HEALTH FOODS STORE

Space in a building used for the purpose of selling natural and organic foods, natural personal health and personal hygiene products.

HEAVY EQUIPMENT SALES

Any land, building, or structures where heavy machinery or equipment is offered for sale, rent, or lease.[7]

*HISTORIC DISTRICT/ SITE

As defined in R.I. Gen. Laws § 42-22.2-4.

HOBBY SHOP

Space in a building used for the purpose of the retail sales of items related to hobbies.

HOLISTIC HEALTH CENTER

A facility, licensed by the State, where a practitioner addresses the whole body with complimentary modalities to traditional therapies. These may include acupuncture, massage and aroma therapy, nutritional counseling, hydrotherapy and other treatments that address the body holistically.

*HOME OCCUPATION

Any activity customarily carried out for gain by a resident, conducted as an accessory use in the resident's dwelling.

HOME OWNERS ASSOCIATION

An organization that is formed by a development in which individual owners share common interests and responsibilities for costs and upkeep of common open space or facilities.

HOSPITAL

Any institution, building, or other premises established for the maintenance, observation, medical and dental care, supervision and skilled nursing care for persons suffering from sickness, disease or injury or for the convalescent or for chronically ill persons.

HOTEL

A building that is designed or used to offer short term lodging for compensation, with or without meals, for six or more people. Individual rooms do not contain cooking facilities.

*HOUSEHOLD

One or more persons living together in a single dwelling unit, with common access to, and with common use of all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit. A household unit shall be synonymous with a dwelling unit for determining the number of such units allowed on any lot in a zoning district. An individual household shall consist of any one of the following:

(1)

A family, which shall also include servants and employees living with the family.

(2)

A person or group of unrelated persons living together. The maximum number of unrelated individuals living together shall not exceed three individuals.

HOUSEHOLD APPLIANCE STORE

Space in a building used for the purpose of selling appliances used in residential dwellings to the general public.

HOUSEHOLD COMMERCIAL RECYCLER

Any land buildings, structures, or vehicles used for the collection of normal household reusable materials for profit. It does not include any processing activity of the reusable materials.

HYDRIC SOILS

Soils that are saturated, flooded or ponded with water long enough during the growing season to develop anaerobic conditions in the upper soil layer.

IDENTIFICATION SIGN

A sign that identifies the name and address of a building, institution, or persons and/or activity.

ILLEGAL SIGN

A sign that does not meet the requirements of this Ordinance and which has not received legal nonconforming status.

IMPACT FEE

(As used in ARTICLE XV) The charge imposed upon new development by a governmental entity to fund all or a portion of the public facility's capital improvements affected by the new development from which it is collected;

INCINERATOR

A device used to burn waste substances and in which all the combustion factors; temperature, retention time, turbulence, and combustion air, can be controlled.

INFEASIBLE

(As used in ARTICLE V) Any condition brought about by any single factor or combination of factors, as a result of limitations imposed on the development by conditions attached to the approval of the comprehensive permit, to the extent that it makes it impossible for a public agency, nonprofit organization, or limited equity housing cooperative to proceed in building or operating low or moderate income housing without financial loss, within the limitations set by the subsidizing agency of government, on the size or character of the development, on the amount or nature of the subsidy, or on the tenants, rentals, and income permissible, and without substantially changing the rent levels and unit sizes proposed by the public agency, nonprofit organization, or limited equity housing cooperative.

*INFRASTRUCTURE

Facilities and services needed to sustain residential, commercial, industrial, institutional, and other activities.

INN/COTTAGE RENTAL

A facility that serves as a place for the housing and feeding of transients in a more personal atmosphere than a hotel or motel.

INSURANCE AGENCY

Space in a building used for the purpose of conducting the affairs of a business selling products that protect an individual's assets.

ISDS

An individual septic disposal system.

JANITORIAL SERVICES

Space in a building used for the purposes of providing services related to maintenance, cleaning, and repairs in a building.

JEWELRY STORE

Space in a building used primarily for the purpose of selling and repairing jewelry products on the premises.

KAYAK/ CANOE STORE

Space in a building used for the retail purpose of renting or selling non-motorized kayaks or canoes.

KITCHEN PRODUCTS STORE

Space in a building used for the purpose of selling cooking, food preparation, and related products.

*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 residential cluster development for residential, commercial, institutional, recreational, open space, and/or mixed uses as is permitted by this Ordinance.

LANDSCAPE CONTRACTING SERVICES

Land, buildings, or structures used for the purposes of providing services relating to the decoration of land by designing gardens and planting trees and shrubs.[8]

LAND SUITABLE FOR DEVELOPMENT

Land exclusive of constraints to development, in accordance with state law, and exclusive of land considered undevelopable by means of state definition (including but not limited to freshwater and coastal wetlands buffer). Land suitable for development is used in the application of lot design standards and in the calculation of required open space for cluster-style developments and is not used when calculating minimum lot area under zoning or in the calculation of the number of lots in a yield plan.

[Added 8-31-2022 by Ord. No. 397]

LAUNDRY PLANT

A building or structure in which the business of a laundry is conducted where water and detergent are used and where the drying, ironing, and finishing of such goods are conducted.

LAWN CARE SERVICES

Land, buildings, or structures used for the purposes of providing services relating to the installation and maintenance of lawns.

LEATHER GOODS FACTORY

A factory for the manufacture of leather products such as belts, shoes, coats and other accessories, but does not include tannery processing.

LEGAL SERVICES

Space in a building used for the purpose of providing services relating expertise to law.

LETTER OF ELIGIBILITY

(As used in ARTICLE V) A letter issued by the Rhode Island Housing and Mortgage Finance Corporation in accordance with § 42-55-5.3(a).[9]

LIBRARY

Space in a building used for the purpose of housing printed and pictorial material for public use for purposes of study, reference, and recreation.

LIGHT EQUIPMENT SALES/RENTAL

Any land, building, or structures where light machinery is offered for sale, rent, or lease. Light equipment includes items such as air compressors, fastening devices, hydraulic equipment, lawn and garden tools, and ladders.

LIGHT EQUIPMENT SHOP

Land, buildings, or structures used for the retail sales, maintenance, or rental of small light-weight mechanical tools for residential and small business uses.

LIGHTING FIXTURES STORE

Space in a building used for the purpose of selling and repairing illumination products.

LINEN SHOP

Space in a building used for the purpose of selling fabric goods for use in household settings.

LINE, STREET

A lot line separating a lot from an adjacent street.

LINGERIE SHOP

Space in a building used for the purpose of selling intimate apparel.

LIQUOR STORE

Space in a building used for the purpose of selling, with required licenses, alcoholic beverages to be consumed off-site.

LOCAL BOARD

(As used in ARTICLE V) Any town or city official, zoning board of review, planning board or commission, board of appeal or zoning enforcement officer, local conservation commission, historic district commission, or other municipal board having supervision of the construction of buildings or the power of enforcing land use regulations, such as subdivision, or zoning laws.

LOCAL REVIEW BOARD

(As used in ARTICLE V) The planning board as defined by § 45-22.2-4(24),[10] or if designated by ordinance as the board to act on comprehensive permits for the town, the zoning board of review established pursuant to § 45-24-56.[11]

LOCKSMITH SERVICES

Space in a building used for the purpose of selling locks, safes, keys and services relating to repairing or making locks.

*LOT

Either:

(1)

The basic development unit for determination of lot area, depth, and other dimensional regulations, or

(2)

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 to title.

*LOT, AREA

The total area within the boundaries of a lot, excluding any street, right-of-way, or easement granted for access to other properties, 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.

LOT, CORNER

A lot at the junction of and fronting on two or more intersecting streets.

*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 at the specified setback that is contiguous, uninterrupted and abutting a street.

LOT, IMPROVED

A lot which is occupied or for which a certificate of occupancy has been issued on or before the effective date of this Ordinance.

*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:

(1)

FRONT The lot line separating a lot from a street right-of-way.

(2)

REAR The lot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, an assumed line at least ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.

(3)

SIDE Any lot line other than a front or rear lot line.

*LOT, THROUGH

A lot that fronts upon two parallel streets, or which fronts upon two streets that do not intersect at the boundaries of the lot.

*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.

LOW AND MODERATE INCOME

Low- and moderate-income as those terms are defined by the state or federal government program providing the subsidy for the proposed low- or moderate-income housing.

LOW AND MODERATE INCOME HOUSING

Any housing subsidized by the federal, state, or municipal government under any program to assist the construction or rehabilitation of housing as low or moderate income housing, as defined in the applicable federal or state statute, or local ordinance whether built or operated by any public agency or any nonprofit organization, or by any limited equity housing cooperative or any private developer, that will remain affordable for ninety-nine (99) years or such other period that is either agreed to by the applicant and town but shall not be for a period of less than thirty (30) years from initial occupancy through a land lease and/or deed restriction or prescribed by the federal, state or municipal subsidy program.

LOW IMPACT DEVELOPMENT (LID)

A comprehensive approach to managing stormwater that is integrated into a project design to minimize the hydrologic impacts of development. The LID design process shapes development to fit into the landscape. The approach to stormwater management focuses on preserving undisturbed open space and reducing impervious cover, and use of natural systems to achieve stormwater management objectives to the extent feasible. The primary goal of LID is to reduce runoff and mimic the predevelopment site hydrology by using site planning and design strategies to store, infiltrate evaporate, and detain runoff as close as possible to the point where precipitation reaches the ground. Stormwater is managed in smaller, cost-effective treatment practices located throughout the development site rather than being conveyed to and managed in one or more centralized facilities located at the bottom of drainage areas. Use of these strategies helps to reduce off-site runoff and ensure adequate groundwater recharge.

[Added 8-31-2022 by Ord. No. 397]

LOW OR MODERATE INCOME HOUSING

(As used in ARTICLE V) Any housing whether built or operated by any public agency or any nonprofit organization or by any limited equity housing cooperative or any private developer, that is subsidized by a federal, state, or municipal government subsidy under any program to assist the construction or rehabilitation of housing affordable to low or moderate income households, as defined in the applicable federal or state statute, or local ordinance and that will remain affordable through a land lease and/or deed restriction for ninety-nine (99) years or such other period that is either agreed to by the applicant and town or prescribed by the federal, state, or municipal government subsidy program but that is not less than thirty (30) years from initial occupancy.

MAINTENANCE, SIGN

The cleaning, painting, repair or replacement of defective parts in a manner that does not alter the basic colors or structure of a sign.

MANUFACTURING

The use of land, buildings or structures engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as lubricating oils, plastics, resins, or liquors. The term manufacturing covers all mechanical or chemical transformations, whether the new product is finished or semi-finished as raw material in some other process.

MARINA

Any dock, pier, wharf, float, floating business, or combination of such facilities that serves five or more boats as a commercial enterprise or in association with a club.

MARINE SUPPLY STORE

Space in a building for the retail sales of canoes, kayaks, inflatable boats, wind surfers etc. along with other marine related merchandise.

MASONRY SERVICES

Land, buildings, or structures used for the purposes of providing services relating to building or maintaining stone or brick masonry.

MASSAGE ESTABLISHMENT

Space in a building used for the purpose of massage therapy, provided by a licensed professional.

MEDICAL/ DENTAL CENTER

Space in a building used by members of the medical or dental professions to provide treatment and diagnosis to patients, without offering overnight accommodations.

MEETING HOUSING NEEDS

(As used in ARTICLE V) Adoption of the implementation program of an approved affordable housing plan and the absence of unreasonable denial of applications that are made pursuant to an approved affordable housing plan in order to accomplish the purposes and expectations of the approved affordable housing plan.

*MERE INCONVENIENCE

As defined in R.I. General Laws § 45-24-41.

MICROBREW PUB

An establishment for making malt liquors for customers on the premises in conjunction with a restaurant.

MINIATURE GOLF COURSE

An area of land or a building, structure, or premises or part thereof operated primarily as a place of amusement in which facilities are provided to simulate the game of golf or some aspects of the game on a small scale, but does not include a driving range.

*MIXED USE

A mixture of land use types within a single development, building, or tract.

MIXED-USE OVERLAY DISTRICT

A zoning overlay district contained in the Charlestown Zoning Ordinance that exists in addition to the several underlying zoning districts that already exist in the Charlestown village area and as shown on the Official Zoning Map of the Town. The several underlying districts that exist include, but are not limited to, residential, commercial and historic districts. The Mixed-Use Overlay District regulations are applied in addition to the underlying district(s) regulations affecting a particular property.

MOBILE HOME PARK

A parcel of land that has been planned and improved for mobile homes for non-transient residential use.

MOTEL

A building or group of buildings that provide sleeping rental units for temporary occupancy, in which each rental unit has a private entrance direct to parking facilities and its own sanitary facilities. "Motel" includes, but is not limited to motor courts and motor lodges.

MOTOR VEHICLE SALES

Land, building or structures primarily dedicated for the sale of vehicles. Vehicles are stored on premises with an accessory sales office and service department.

MULTI-FAMILY DEVELOPMENT

A development consisting of more than one multi-family dwelling, which may also include one or more two family dwellings, either proposed as a single complex or a land development project (see § 218-51).

[Added 12-9-2013 by Ord. No. 360]

MUNICIPAL COMMUNITY CENTER

A building or complex of buildings and services which may include cultural, recreational, athletic, convention, and entertainment facilities and owned by the Town of Charlestown.

MUNICIPAL GOVERNMENT SUBSIDY

(As used in ARTICLE V) Assistance that is made available through a city or town program sufficient to make housing affordable, as affordable housing is defined in § 42-128-8.1(d)(1);[12] such assistance may include, but is not limited to, direct financial support, abatement of taxes, waiver of fees and charges, and approval of density bonuses and/or internal subsidies, and any combination of forms of assistance.

MUNICIPAL STADIUM

Land, buildings, or structures owned by the Town of Charlestown used for mass public assemblies for athletic, cultural, or other purposes.

MUSEUM

Space in a building that is used for the purpose of acquiring, conserving, studying, interpreting, assembling, and exhibiting to the public for its instruction and enjoyment, a collection of items of historic, artistic, or scientific interest.

MUSIC STORE

Space in a building used for the purpose of retail sales and instruction of musical instruments, and music related items is provided.

NAIL SALON

Space in a building used for the purpose of applying decorative and personal hygiene procedures to fingernails and toenails.

NATURAL GRADE

The topography of a site before alteration. Not disturbed ground.

NEWSRACK

A self-service, coin operated dispenser installed, used, or maintained for the display and sale of periodicals to the general public.

*NONCONFORMANCE

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 or amendment. Nonconformance shall be of only two types:

(1)

NONCONFORMING BY USE A lawfully established use of land, building, or structure which is not a permitted use in that zoning district. A building or structure containing more dwelling units than are permitted by the use regulations of this Ordinance shall be nonconforming by use; or

(2)

NONCONFORMING BY DIMENSION A building, structure or parcel of land not in compliance with the dimensional regulations of this Zoning Ordinance. Dimensional regulations include all regulations of this Zoning Ordinance. A building or structure containing a permitted number of dwelling units, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.

NONCONFORMING SIGN

A permanent sign that met all legal requirements when constructed but does not conform to the requirements of this Ordinance.

NON-TRANSIENT USE

Intended for permanent, long-term use. Not for temporary residents.

NORMAL HOUSEHOLD REUSABLE MATERIALS

Waste products generated by residential uses that are small items comprised of paper, metal, glass or plastic that can be reused. It does not include refuse or hazardous materials.

NOVELTY/ SOUVENIR SHOP

Space in a building used for the purpose of retail sales of new and unusual items and items of remembrance.

NUCLEAR FISSION

A nuclear reaction in which an atomic nucleus splits into fragments.

NUCLEAR FUSION

A nuclear reaction in which nuclei combine to form more massive nuclei with the release of energy.

NUCLEAR WASTE STORAGE FACILITY

Any land upon, into or through which nuclear waste is deposited or processed and any machinery or equipment or operation for the treatment or disposal of nuclear waste products or materials.

NURSERY/ GREENHOUSE

A retail establishment used for growing of flowers, vegetables, plants, trees, and other vegetation that is sold directly from the building or premises.

NURSERY/ KINDERGARTEN

A program that serves as an orientation for school by accustoming children to a new social environment and aids in the development of motor and cognitive skills.

NURSING HOME

A building in which the proprietor supplies for gain, lodging with or without meals and, in addition provides nursing, medical or similar care and includes a rest home or convalescent home.

OFFAL/ DEAD ANIMAL REDUCTION

Any land, buildings, or structure used to process deceased animals or parts thereof for any type of use.

OFFICE SUPPLY STORE

Space in a building used for the purpose of selling products that are used in the function and preparation of office information.

OFF-SITE CARPET CLEANING SERVICES

Land, buildings, or structures used for the purposes relating to the provision of cleaning services for carpets at off-site locations.

OFF-SITE DIRECTIONAL SIGN

A sign that gives directional assistance to access an establishment conveniently and safely.

OFF-STREET PARKING

An area provided for parking not on any public or private road.

OPEN LOT STORAGE

The storage of equipment, goods, raw or processed materials outside any building or structure.

OPEN SPACE

Any parcel or area of land 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 designed to be incidental to the natural openness of the land and as may be permitted by this Ordinance.

OUTDOOR CAFE

An outdoor area adjoining a restaurant, and consisting of outdoor tables, chairs, plantings, and related decorations and fixtures, and where meals or refreshments are served to the public for consumption on the premises.

OUTDOOR RETAIL WAREHOUSE

A building or part thereof which is used for the storage and distribution of goods, merchandise, substances or articles and includes facilities for retail commercial outlet, but shall not include facilities for a truck or transport terminal or yard.

*OVERLAY DISTRICT

A district established 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.

PACKAGE DISTRIBUTION SERVICES

Land, buildings, or structures used for the large scale delivery and supply of packages.

PACKING AND BAILING SITE

Land, buildings, or parts of buildings where waste is compressed and the blocks are bound or sheathed with wire, metal, plastic or other materials.

PADDOCK

A fenced area used as a holding area for horses, ponies, donkeys, mules or other farm animals.

PAINTING/ PAPER HANGING SALES & SERVICES

Space in a building used for the purpose of selling paint, wallpaper and paint products and services related to installation of such.

PAPER PRODUCTS STORE

Space in a building used for the purpose of retail sales of paper, paper products and related items.

PASTORAL COUNSELING

Space in a building used for the purpose of providing spiritual care and guidance by a recognized church professional.

PASTURE

A fenced area used to provide nutritious feed for horses, ponies, donkeys, mules, or other farm animals.

PENNANT

Any lightweight, plastic, fabric, or other material suspended from a rope, wire, or string designed to move in the wind and attract attention.

*PERFORMANCE STANDARDS

A set of criteria or limits relating to elements which a particular use or process either must meet or may not exceed.

PERFUMERY

Space in a building used for the purpose of providing products with special attractive scents.

*PERMITTED USE

A use by right which is specifically authorized in a particular zoning district.

PETROLEUM PRODUCT

Crude oil or any fractions thereof that is liquid at standard conditions of temperature (60 degrees Fahrenheit) and pressure (14.7 pounds per square inch absolute) 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.

PETROLEUM REFINING

A building or land used for the process to reduce petroleum to a pure state free of impurities.

PET SHOP/ GROOMING SERVICES

An establishment where animals or birds are sold as pets, kept for sale, or groomed, but does not include the breeding or overnight boarding of pets.

PETTING ZOO

A place where animals are kept, often in combination of indoor and outdoor spaces, and are viewed and touched by the public.

PHARMACEUTICAL FACTORY

An establishment where drug and medicinal products are manufactured. It includes but is not limited to such items as deodorants, soaps, patent medicines, disinfectants, and insecticides.

PHOTO STUDIO

Space in a building used for the purpose of taking and processing pictures, the sale of film, equipment, and related supplies and the repair and maintenance of equipment used for photography.

PHYSICAL THERAPIST

Space in a building used for the purpose of counseling individuals and assisting them in overcoming difficulties with mobility, flexibility, coordination and perceptiveness.

PLANETARIUM

A building or room containing devices for projecting images of celestial bodies in their courses onto the inner surface of a hemispherical dome.

*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.

PLAT ASSOCIATION OFFICE/ CLUBHOUSE

A building and/or facilities owned or operated by a Homeowners Association within a residential development for a social, educational, or recreational purpose.

PLUMBING/ HEATING SUPPLY STORE

Space in a building used for the purpose of selling plumbing and heating related items.

POLITICAL SIGN

A temporary sign used about a local, state or national election or referendum.

POLLUTANT

Any natural or man-induced material or effluent which may alter the chemical, physical, biological, or radiological characteristics and/or integrity of water, air, and/or soil 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 materials, petroleum or petroleum products, including but not limited to oil.

POLLUTION

Natural or man-induced alteration of the chemical, physical, biological, and radiological integrity of water, air, and/or soil.

PORTABLE SIGN

Any sign that is not permanently affixed to a building or the ground including, but not limited to, signs designed to be transported by wheels, trailer signs, A- or T-frame signs, balloons used as signs, and signs attached to or painted on vehicles parked and visible from a public right-of-way.

POSTAL SERVICES

Retail - Space in a Building used for the purpose of selling supplies and providing services for mail delivery, pick up, and distribution.

*PREAPPLICATION CONFERENCE

A review meeting of a proposed development held between applicants and reviewing agencies as permitted by this Ordinance, before formal submission of an application for a permit or for development approval.

PRIVATE GASOLINE PUMP ISLAND

Gasoline pumps used solely for providing fuel to vehicles owned or leased by the owner or occupant of the premises.

PRIVATE LANDFILL

A state licensed site where solid waste material is disposed of compacted and covered with earth.

PRIVATE SCHOOL/ COLLEGE

The use of land or building or structures to provide higher education by a nongovernmental entity.

PRIVATE STABLE

Any area, pasture, paddock, buildings, or structures used for the raising of a horse, donkey, pony, or mule on the premises of a single or two-family unit as an accessory use.

PRIVATE WAY

A private right-of-way that is used for vehicular access to a residential compound pursuant to § 218-54 of this Ordinance.

PRODUCT ASSEMBLER/ SHIPPER

Space in a building for the purpose of final assembly of pre-made pieces of a retail product. No manufacturing takes place.

PROFESSIONAL OFFICE

Space in a building used for the purpose of practicing a profession or the administration of a business and does not include a retail use.

PROJECTING SIGN

A sign other than a flat wall sign that is attached to and projects from a building or wall.

PROPORTIONATE SHARE

(As used in ARTICLE XV) That portion of the cost of system improvements which reasonably relates to the service demands and needs of the project;

PUBLIC EVENT

A function held to attract persons of the general public regardless of whether a fee is charged for admission and approved by the Town Council subject to all applicable federal, state and local laws.

PUBLIC FACILITIES

(As used in ARTICLE XV)

(1)

Water supply production, treatment, storage, and distribution facilities;

(2)

Wastewater and solid waste collection, treatment, and disposal facilities;

(3)

Roads, streets, and bridges, including rights-of-way, traffic signals, landscaping, and local components of state and federal highways;

(4)

Storm water management, retention, detention, treatment, and disposal facilities, flood control facilities, and enhancement projects;

(5)

Parks, open space areas, and recreation facilities;

(6)

Police, emergency medical, rescue, and fire protection facilities;

(7)

Public schools and libraries; and

(8)

II-5 of "Town of Charlestown, Rhode Island Growth Management Program, Phase 2m. (i.e., see page II-5 of "Town of Charlestown, Rhode Island Growth Management Program, Phase 2 - Impact Fees," for examples of the difference between Capital Expenses and Operating expenses)

PUBLIC PARK

An area of public land specifically dedicated to the public for both active and/or passive recreational use.

PUBLIC STORAGE UNIT

A building in which units are available for rent or lease for the storage of personal goods.

PUBLIC UTILITY STRUCTURE/ FACILITY

The building in which a public utility maintains its office and maintains or houses any equipment used in connection with the utility.

RACE TRACK

A course that is prepared for horse racing, dog racing, harnesses racing, drag races, stock car races and other types of races excluding track and field events.

RAIL/ BUS PASSENGER STATION

Land, building or structures where commercial rail or buses pick up and discharge passengers. Accessory uses may include ticket offices, food counters and luggage checking facilities.

RAIL/ MOTOR FREIGHT TERMINAL

The use of land, building, or structures where trucks or tractor trailers are for sale or hire and where such are stored for dispatch.[13]

REAL ESTATE SERVICES

Space in a building used for the purpose of providing services relating to the sale of land as property, along with the natural resources and permanent buildings that may be on it.

RECHARGE AREA

The land surface from which water is added to the zone of saturation. The recharge area for a particular well or aquifer, for instance, is that land surface from which water moves to the well or aquifer or may move to the well or aquifer under certain hydraulic conditions.

RECREATIONAL VEHICLE

A vehicle which is:

(1)

Built on a single chassis;

(2)

Designed to be self propelled or permanently towable by another vehicle; and

(3)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.

RECREATION CENTER -- MAJOR

Land or buildings that provide a recreation facility open to the general public and provided athletic and leisure-time facilities intended to be used by residents from throughout the entire town.

RECREATION CENTER -- MINOR

Space in a Building used for the purpose of an accessory use to a residential subdivision, designed and intended for use by the occupants of the subdivision and does not exceed 3,000 square feet.

RECTORY

A building used as a residence, operated as a single house-keeping unit, that is accessory to a place of worship.

RECYCLING CENTER

The use of land, buildings, or structures where material is separated and packaged for shipment.

REGULATORY FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation.

RESEARCH LABORATORY/ FACILITY

A building or group of buildings for scientific research, investigation or testing but not for the manufacturing of products, except as incidental to laboratory investigations.

RESIDENTIAL WATER TREATMENT SALES/ SERVICE

Space in a building used for the purpose of retail sales and maintenance of water filtration equipment for residential uses.

RESTAURANT

Space in a building used for the purpose of providing food and drink for sale to the public primarily for immediate consumption.

RETAIL SALES

Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering such services incidental to the sale of such goods.

RI CRMC

The Rhode Island Coastal Resources Management Council.

RI DEM

The Rhode Island Department of Environmental Management.

ROOF SIGN

A sign erected over or on the roof of a building.[14]

SAM PLAN

The Rhode Island Coastal Resources Management Council document entitled "Rhode Island's Salt Pond Region: A Special Area Management Plan (Ninigret to Point Judith Ponds)," Adopted November 27, 1984, and any amendments thereto.

SAW OR PLANING MILL

Land, building, or structures where timber is cut sawed or planed into lumber products.

SEMICONDUCTOR/ SOLID STATE

A solid crystalline substance such as germanium or silicon, that has electric conductivity greater than an insulator but less than a good conductor.

*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.

SEWAGE PUMPING STATION

Land or buildings used for the collection and transfer of sewage to a sewage collection system.

SEWAGE TREATMENT PLANT

Any land, buildings, or structures used for the collection, treatment and disposal of sewage.

SHOE REPAIR

Space in a building used for the purpose of retail service of repairs to foot gear.

SHOE STORE

Space in a building used for the purpose of retail sales of foot gear and related items.

SHOOTING CLUB/ RANGE

Any land, buildings, or structures used for the practice of archery or the shooting of firearms.

SHOPPING CENTER

A building or group of buildings on a single lot whose shops are linked together by an architectural, historical, or geographic theme.

SIGN

(As used in ARTICLE XI) any permanent or temporary device, composed of or employing any medium manmade or natural, reproduction, material or structure which is freestanding, attached to a building or structure or erected, painted, represented or reproduced inside or outside any building, structure or natural object, including window display area which displays, reproduces or includes any lettered or pictorial matter; which is used to identify the premises or occupant or owner of the premises; to advertise any trade, business, profession, industry service or other activity; to advertise any product or item; to advertise the sale, rental or use of all or part of any premises or item including that upon which it is displayed; to direct vehicular or pedestrian traffic other than public highway markers; and shall also include any announcement, demonstration, display, illustration or insignias used to advertise or promote the interests of any persons or business or product when the same is placed in view of the general public. In no event shall the word "sign" be construed to mean any sign in the interior of any structure, not visible from the outside, unless specifically set forth in this Ordinance. Excluded from this definition also are pavement markings or driveway directional arrows painted on the ground, which contain no advertising. The American Flag is not a sign in the context of this ordinance.

SIGN - ACCESSORY

(As used in ARTICLE XI) any sign used in conjunction with existing signage (i.e. "Open," "No Vacancy") related to a business or profession conducted, or a commodity or service sold or offered upon the premises where such sign is located.

SIGN - AWNING

(As used in ARTICLE XI) any sign that is attached to or part of an awning or canopy.

SIGN - BANNER

(As used in ARTICLE XI) a banner made of material that is not rigid such as cloth or vinyl that contains advertising for a business, product, goods, services, sale or activity, that is strung from rope or wall mounted.

SIGN - CHANGEABLE COPY

(As used in ARTICLE XI) any sign that is designed so that characters or letters can be manually changed or rearranged without altering the substrate or size of the sign.

SIGN - CONTRACTOR

(As used in ARTICLE XI) any sign erected by a contractor during construction.

SIGN - DOWNWARD DIRECTED LIGHTING

(As used in ARTICLE XI) indirect illumination of a sign by white light from above, shielded so as not to cause glare or reflection annoying to the public or traffic.

SIGN - FLAG

(As used in ARTICLE XI) a single flag containing no advertising for any business, product, goods, services, sale or activity, on a pole or wall-mounted, where such flag is made of material that is not rigid, such as cloth or vinyl.

SIGN - FRANCHISE OR LICENSED TRADEMARK

(As used in ARTICLE XI) a sign used by any franchised entity that uses a particular logo or design to advertise their products.

SIGN - FREESTANDING

(As used in ARTICLE XI) any sign supported by a pole, uprights, braces or frame from the ground and not supported by any wall, building or similar structure.

SIGN - ILLEGAL

(As used in ARTICLE XI) any sign that does not meet the requirements of this Ordinance and which has not received legal nonconforming status.

SIGN - ILLUMINATED

(As used in ARTICLE XI) any sign designed to give forth visible light radiation from any source in such a manner as to be an integral part of the construction of the sign. Sources of such visible light include, but are not limited to, fluorescent gas lighting (such as neon signs), laser, or incandescent lighting, and transparent or translucent signs illuminated from within by any lighting source.

SIGN - INDIRECTLY ILLUMINATED

(As used in ARTICLE XI) any sign illuminated with artificial light focused on such sign from a source exterior to the sign.

SIGN - INFLATABLE

(As used in ARTICLE XI) a mylar, rubber, vinyl or other material inflated to expand physical dimensions or provide lift or movement to a sign, free floating or tethered.

SIGN - KIOSK

(As used in ARTICLE XI) a freestanding structure designed to provide advertising space for two or more businesses on a single premise or group of contiguous premises.

SIGN - MARQUEE

(As used in ARTICLE XI) any sign painted on, attached to or consisting of interchangeable letters on the face of a permanent overhanging shelter which projects from the face of a building.

SIGN - NEWS RACK, VENDING MACHINE

(As used in ARTICLE XI) the advertising on a newspaper or vending machine.

SIGN - NON-CONFORMING

(As used in ARTICLE XI) a permanent sign that met all legal requirements when constructed but does not conform to the requirements of this Ordinance.

SIGN - OFF-SITE ADVERTISING

(As used in ARTICLE XI) any sign or advertising device, which advertises a use or activity not located on, or a product not sold nor manufactured on the lot on which the sign or device is located.

SIGN - OFF-SITE DIRECTIONAL

(As used in ARTICLE XI) any sign giving directions to the location of any use or activity not located upon the property upon which the sign is erected.

SIGN - PENNANT

(As used in ARTICLE XI) strings of triangular or other shaped material, cloth or vinyl, strung together and displayed outdoors to catch the wind which draws attention to a business, product, goods, services, sale or activity.

SIGN - PLAZA

(As used in ARTICLE XI) any grouping of signs in a common location, having uniform size and materials and regulated by the Town of Charlestown in accordance with the provisions of this Ordinance.

SIGN - PORTABLE

(As used in ARTICLE XI) any sign not attached to a building or structure which is capable of being placed upon various locations on a lot.

SIGN - PROJECTING

(As used in ARTICLE XI) any sign erected so as to project approximately perpendicular from the exterior of any building or wall.

SIGN - ROOF-MOUNTED

(As used in ARTICLE XI) any sign installed above the upper soffit or eave edge of a roof and supported by or resting on any part of the roof or any roof structure, including, but not limited to gables, vents, chimneys, condensers, compressors or other roof mounted equipment.

SIGN - SNIPE

(As used in ARTICLE XI) any temporary sign or poster affixed to a tree, fence, pole or similar item (e.g. yard sale).

SIGN - STRING LIGHTS

(As used in Article ARTICLE XI) any string of lights used to attract attention to a product, business, service, goods, sale or activity.

SIGN - TRAILER

(As used in ARTICLE XI) any sign which is mounted or designed for mounting on wheels, or which is mounted or designed for mounting on a self-propelled or towed vehicle. Such signs shall include, but not be limited to mobile advertising signs attached to a truck, chassis, detachable vehicle, trailer or other such mobile sign, but shall not include signs painted or otherwise inscribed on a self-propelled vehicle or towed vehicle which identify the product, service or activity for which the vehicle is used, unless the principal use of such vehicle is for advertising purposes.

SIGN - WALL-MOUNTED

(As used in ARTICLE XI) any sign erected against, painted on or attached to the wall of any building or structure including signs affixed to fences, screens and freestanding walls, or natural object.

SIGN - WINDOW

(As used in ARTICLE XI) signs displayed in windows to advertise products or services available on premises.

SITE PLAN

The development plan for one or more lots on which is shown the existing and/or the proposed conditions of the lot.

SMALL SCALE WOODWORKING SHOP

A shop making custom cabinetry, fine custom one-of-a-kind furniture, wooden toys and/or craft items such as birdhouses etc. Retail sales of the items made may occur. All construction, material and finished items storage must be inside.[15]

SNIPE SIGN

A temporary sign or poster affixed to a tree, fence, pole or similar item.

SPECIAL FLOOD HAZARD AREA

An area having flood, and/or flood related erosion hazards, and shown on an FHBM or FIRM as zone A, AO A1-30, AE, A99, AH, VO, V1-30, VE, M, or E.

SPECIALTY FOOD STORE

Space in a building used for the purpose of specializing, for retail sales, in a specific type or class of foods, such as an appetizer store, bakery, butcher, or gourmet shop.

*SPECIAL USE

A regulated use that is permitted pursuant to the special use permit issued by the Zoning Board of Review pursuant to RI General Laws § 45-24-42. Formerly referred to as a special exception.

SPECIMEN VEGETATION

Rhode Island Natural Heritage Program plant species listed as either state endangered, state threatened, state interest species of concern, or state extirpated; plant species providing habitat for animal species listed by the Heritage program in the above mentioned categories; species such as American Holly (Ilex opalca) and Rhododendron (Rhododendron maximum) which are at the limits of their natural range; any species such as American Elm (Ulmus Americana) and American Chestnut (Castenata dentata) whose population has been drastically reduced by disease, insects or habitat destruction.

SPLIT ZONING DISTRICT BOUNDARIES

Any lot or parcel of land that is divided or split by a zoning district boundary shall be subject to the following interpretive standards: lot frontage shall be required pursuant to the standard required for the zone in which the lot frontage is located; the minimum lot area and other dimensional regulations required, other than lot frontage if applicable pursuant to the preceding requirement, shall be subject to those standards required for the zone and use to be applied on the lot or parcel of land.

STABLE, PRIVATE

A stable with a capacity for two or fewer horses, mules or other farm animals that are used by the owners of the property and guests without compensation.

STACKING SPACE

A permanent dust free surface that is used for a motor vehicle waiting to enter a drive through use, that is located in such a way so that access to a parking space is not obstructed and is at least nine feet in width and nineteen feet in length.

STORAGE OF UNLICENSED MOTOR VEHICLES

The outdoor use of property occupied by an unlicensed vehicle.

STREET

A public way established or maintained under public authority, private ways open for public uses, and a private way platted for ultimate public use, whether constructed.

STREET FRONTAGE

The measurement of a lot boundary that abuts a street line.

*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.

*SUBSTANDARD LOT OF RECORD

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.

SUBSTANTIAL IMPROVEMENT

Any reconstruction, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either;

(1)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the Building Inspector and which are the minimum necessary to assure safe living conditions.

(2)

Any alteration of an historical structure provided that the alteration will not preclude the structure's continued designation as an historical structure.

SUMMER RECREATION CAMP

A camp consisting of land, building or structures used for sleeping, eating, education and recreational uses and which is generally operated from April through October on a non-commercial basis.

SUPERMARKET

A store primarily selling prepackaged and perishable foods, as well as other convenience and household goods, and which exceeds 5,000 square feet of floor area.

[Amended 2-11-2019 by Ord. No. 380]

TAILOR/ DRESSMAKER

Space in a building used for the purpose of custom tailoring such as the creation of one-of-a-kind garments, remodeling, hem stitching and button hole making, but does not include wholesale manufacturing of clothing.

TAKE OUT FOOD SERVICES

Space in a building used for the purpose of preparing food and selling it for consumption off premises or outside the building.

TANK FARM

A facility having two or more storage containers for the transfer of liquids or gases and from which no retail sale of fuel to the public is or may be conducted.

TAVERN/ NIGHTCLUB

A building or part thereof where, in consideration of payment therefor, liquor, beer, or wine or any combination thereof is served for consumption on the premises, with or without food.

TAXIDERMIST

Land, buildings, or structures used for the purpose of providing services related to the art or operation of preparing, stuffing and mounting the skins of dead birds and animals.

TELECOMMUNICATION ACCESSORY EQUIPMENT/STRUCTURE

All items and/or buildings ancillary to the transmission, reception, connection and support of wireless communication.

TELECOMMUNICATION TOWER/POLE

A structure that is intended to support antennas, waveguide, and associated equipment for the transmission of signals for wireless communications, such as television, radio, radio telephone, telephone, or cellular land mobile communications.

TELEPHONE MAINTENANCE YARD

Land, buildings, or structures used for the operation, storage, and maintenance incidental to the operation of a telephone communication system. It does not include transmission towers.

TEMPORARY SIGN

Any sign that is not permanently attached and removed after a specified time.

TEXTILE DYEING/ FINISHING

Any land, buildings or structures used for the finishing of cloth by treatment, dyeing, coloring, milling, spinning, cutting, and wholesale distribution of the final product.

THEATER/ CONCERT HALL

Space in a building used for the purpose of showing motion pictures or for drama, dance, musical or other live performances for an audience.

THRIFT/ CONSIGNMENT SHOP

Space in a building used for the purpose of selling used clothing and/or household goods.

TOBACCO SHOP

An establishment where the retail sales of tobacco and tobacco related products are made to the general public.

TOURIST INFORMATION CENTER

Space in a building used for the purpose of providing local, State and regional data, news, advice and information to visitors interested in the area.

TRADITIONAL VILLAGE DISTRICT

A standard zoning district contained in the Charlestown Zoning Ordinance that exists in addition to the other overlay zoning district that already exists in the "Cross Mills" Historic Village Overlay District and as shown on the Official Zoning Map of the Town.

TRAILER/ MOBILE HOME

Any vehicle or similar portable structure designed and constructed to permit the occupancy thereof as a dwelling unit and mounted on wheels and/or as a conveyance on a street, propelled or drawn by its own power.

TRAVEL AGENCY

Space in a building used for the purpose of arranging travel itineraries, tickets, and accommodations.

TVD BED AND BREAKFAST

This definition applies only in the TVD district. A single family dwelling in which the principal use is the single family residence; and, as an accessory use, bedrooms are made available for transient overnight occupancy for compensation. The dwelling must be in compliance with all State regulations for the number of bedrooms available for rent.

TVD COMMERCIAL PARKING LOT

This definition applies only to the TVD district. Land, buildings, or structures used for the purpose of parking motor vehicles, for public or private purposes for a fee. Storage of vehicles, boats and trailers is not allowed.

TVD CRAFT SHOP

This definition applies only to the TVD district. Space in a building where a handicraft is conducted for gain or profit and may include sales and educational lessons on creating such handicrafts. If educational lessons are offered see definition for Art Studio/Workshop.

TVD PET GROOMING SERVICES

This definition applies only to the TVD district. Space in a building used for the purpose of bathing and combing domestic family animals, but does not include overnight boarding of pets.

TVD TAVERN

This definition applies only to the TVD district. An establishment used primarily for the serving of alcoholic beverages by the drink to the general public and where food or packaged liquors may be served or sold only as accessory to the primary use.

UNMITIGATED IMPACT

A condition that creates, imposes, aggravates, or leads to inadequate, impractical, unsafe, or unhealthy conditions on a site proposed for development or on off-tract property or facilities.

*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 Zoning Ordinance. An authorization for the construction or maintenance of a building or structure, or for the establishment or maintenance of a use of land, which is prohibited by this Zoning Ordinance. There shall be only two (2) categories of variance, a use variance or a dimensional variance.

[Amended 2-12-2024 by Ord. No. 409]

(1)

USE VARIANCE Permission to depart from the use requirements of this 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 this Zoning Ordinance.

(2)

DIMENSIONAL VARIANCE Permission to depart from the dimensional requirements of this Zoning Ordinance, under the applicable standards set forth in § 45-24-41 of the General Laws.

VEGETATIVE PRODUCTS

Any farm product of horticultural origin, including, but not limited to fruits, vegetables, live trees, plants, Christmas trees, shrubs, firewood, hay, sod, and flowers, but excluding products of animal origin such as livestock, poultry, eggs, milk, cheese, fish, or other seafood, bees, or the like. Also excluded from this definition are forest products including lumber, logs, or similar building materials.

VEHICLE

A vehicle of a type which would be subject to the licensing requirements of the Department of Motor Vehicles if operated on a public road. It does not include farm vehicles which do not operate on public roads.

VESTED RIGHTS

The right to proceed with an application for development under the regulations applicable of the Zoning Ordinance in force at the time the application was submitted and deemed complete.

VIDEO RENTAL SHOP

Space in a building for the sale or rental of recorded movies, video programs and related accessories.

WALL SIGN

A sign attached to a wall of a structure so that the wall becomes the support for the sign and does not project more than fifteen inches from the structure.

WATER PUMPING STATION

Land, buildings or structures used for the treatment and distribution of water, including a water bottling plant.

*WATERS

As defined in R.I. Gen. Laws § 46-12-1(b).

WATER SURFACE ELEVATION

The height, in relation the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplains.

WATER TABLE

The upper surface of the saturated zone in an unconfined aquifer.

WATER TOWER/ STANDPIPE

Land, buildings or structures used for the storage, supply or distribution of water.

WATER TREATMENT PLANT

A facility used incidental to a water distribution system for the chemical or biological treatment of water in order to meet mandated drinking water standards.

WATER UTILITY MAINTENANCE YARD

Land, buildings, or structures used for the operation, storage, and maintenance incidental to the operation of a water distribution system.

WELDING SHOP

The use of land, buildings, or structures where pieces of metal are welded.

WELL

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.

WELL DRILLING SERVICES

Land, buildings, structures or equipment used for the purpose of providing services related to the drilling of wells to provide water.

WELLHEAD PROTECTION AREA

The critical portion of a three-dimensional zone, surrounding a public well or wellfield through which water will move toward and reach such well or wellfield as designated by the RI DEM.

*WETLAND, COASTAL

As defined in R.I. Gen. Laws § 2-1-14.

*WETLAND, FRESHWATER

As defined in R.I. Gen. Laws § 2-1-20.

WHOLESALE STORAGE

The storage of large quantities of items for resale.

WHOLESALE STORAGE/ WAREHOUSING

The use of land, buildings, or structures to store goods or merchandise for resale in large quantities at a lower cost.

WILDLIFE REFUGE

Land used or intended for the preservation of native plant and/or wildlife habitat.[16]

WINDOW CLEANING SERVICES

Space in a building used for the purpose of sales or services related to the provision of window cleaning.

WINDOWS AND DOORS, SALES AND SERVICE

Space in a building, used for the purpose of providing retail sales, installation and maintenance services of windows and doors in residential and commercial properties.[17]

WOOD PRODUCTS FACTORY

An establishment whose primary purpose is the manufacture of wooden products but does not include a wood distillation plant.

WOOL PULLING/ SCOURING

The processing involved in rending, tearing or stretching repeatedly wool for the removal of refuse or unwanted materials.

YARD

A space on a lot open, unoccupied and unobstructed by buildings, decks, stairs or structures from the ground to the sky, except as otherwise provided in this Ordinance.

YARD, FRONT

A required yard extending along the entire lot street frontage. The depth of a "front yard" shall be measured from the street lot line to the nearest edge of the structure or use. There shall only be one front yard.

YARD, REAR

A required yard extending along the entire rear lot line or lines. The depth of a "rear yard" shall be measured from the rear lot line to the nearest edge of the structure or use. There shall only be one rear yard.

YARD, SIDE

Any yard not determined to be a front or rear yard and abutting a side lot line. The depth of a "side yard" shall be measured from the side lot line to the nearest edge of the structure or use.

*ZONING CERTIFICATE

A document signed by the Building Inspector as required by this Ordinance which acknowledges that a use, structure, building or lot either complies with or is legally nonconforming to the provisions of this Ordinance or is an authorized variance or modification therefrom.

*ZONING MAP

The maps that are a part of this Ordinance and which delineate the boundaries of all mapped zoning districts and other land within the physical boundary of the Town.

*ZONING USE DISTRICTS

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.

[1]

Editor's Note: This ordinance also repealed the definition of "*accessory family dwelling unit," which immediately followed.

[2]

Editor's Note: See R.I.G.L. § 45-22.2-4(33).

[3]

Editor's Note: See R.I.G.L. § 45-53-4(b)(1) and (c).

[4]

Editor's Note: See R.I.G.L. § 45-22.2-8, 45-22.2-9 or 45-22.2-12.

[5]

Editor’s Note: The former definition of “convenience store,” which immediately followed this definition, was repealed 2-11-2019 by Ord. No. 380.

[6]

Editor's Note: The former definition of "fall zone," which immediately followed, was repealed 3-14-2011 by Ord. No. 338.

[7]

Editor's Note: The former definition of "height," which immediately followed, was repealed 3-14-2011 by Ord. No. 338.

[8]

Editor's Note: The former definition of "large wind facility (LWF)," which immediately followed, was repealed 3-14-2011 by Ord. No. 338.

[9]

Editor's Note: See R.I.G.L. § 42-55-5.3(a).

[10]

Editor's Note: See R.I.G.L. § 45-22.2-4(24).

[11]

Editor's Note: See R.I.G.L. § 45-24–56.

[12]

Editor's Note: See R.I.G.L. § 42-128-8.1(d)(1).

[13]

Editor's Note: The former definition of "rated nameplate capacity," which immediately followed, was repealed 3-14-2011 by Ord. No. 338.

[14]

Editor's Note: The former definition of "rotor diameter," which immediately followed, was repealed 3-14-2011 by Ord. No. 338.

[15]

Editor's Note: The former definition of "small wind energy system (SWES)," which immediately followed, was repealed 3-14-2011 by Ord. No. 338.

[16]

Editor's Note: The former definitions of "wind facility" and "wind monitoring or meteorogical tower," which immediately followed, were repealed 3-14-2011 by Ord. No. 338.

[17]

Editor's Note: The former definition of "wind turbine," which immediately followed, was repealed 3-14-2011 by Ord. No. 338.