A.
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.
B.
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.
A.
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.
B.
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.
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.
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.
A.
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.
B.
ABATTOIR
*ABUTTER
ACCESS
*ACCESSORY DWELLING UNIT
*ACCESSORY USE
ACCOUNTING/ BOOKING SERVICES
ACRE
ADULT DAY CARE CENTER
ADULT ENTERTAINMENT
ADVERTISING SALES OFFICE
AFFORDABLE HOUSING PLAN
*AGGRIEVED PARTY
*AGRICULTURAL LAND
AGRICULTURAL OPERATIONS
AGRICULTURE
AIR CONDITIONING/ HEATING/ PLUMBING SERVICES
AIRPORT
ALTERATION
AMBULANCE SERVICES
AMUSEMENT PARK
ANIMAL HOSPITAL/VETERINARY OFFICE
ANIMATED SIGN
ANTIQUE/COLLECTIBLES STORE
APPAREL/ACCESSORY SHOP
APPAREL MANUFACTURING
*APPLICANT
*APPLICATION
APPROVED AFFORDABLE HOUSING PLAN
AQUIFER
ARBORETUM
ARCHITECTURAL/ PLANNING/ ENGINEERING SERVICES
ART CENTER
ART GALLERY
ARTS & CRAFTS SUPPLY STORE
ART STUDIO/ WORKSHOP
ASSISTED LIVING/ SKILLED CARE
ATHLETIC/ PLAY FIELD
ATHLETIC/ SPORTING GOODS STORE
AUCTION BARN
AUTOMATIC COMMERCIAL CAR WASH
AUTOMOBILE MANUFACTURING
AUTOMOBILE REPAIR, MAJOR
AUTOMOBILE REPAIR, MINOR
AUTOMOBILE STORAGE
AUTOMOBILE WRECKING/ RECYCLING YARD
AUTOMOTIVE RENTAL AGENCY
AUTOMOTIVE SUPPLY STORE
BAIT/ TACKLE SHOP
BAKERY/ WHOLESALE
BAKE SHOP/ RETAIL
BANK
BANNER
BANQUET HALL
BASE FLOOD
BATCH PLANT
BATHING BEACH
BED AND BREAKFAST
BICYCLE SHOP/ RENTALS
BILLBOARD
BLACKSMITH, WELDING OR MACHINE SHOP
BOARD
BOAT/ MARINE MANUFACTURING
BOAT/ MARINE SHOP
BOOK STORE
BOTANICAL GARDEN
BOUTIQUE
BREWERY, DISTILLERY
*BUFFER
*BUILDING
*BUILDING ENVELOPE
BUILDING FOOTPRINT
*BUILDING HEIGHT
BUILDING SUPPLY/ LUMBER OUTLET
BULK FUEL DEPOT
BUSINESS/ CONSULTING SERVICES
BUS STOP
CABLE/RADIO/ TV STUDIO
CANDY STORE
CANNABIS
CANNABIS RETAILER
CANNABIS RETAIL STORE
CANOPY SIGN
CAPACITY
CAPITAL IMPROVEMENT PROGRAM
CAPITAL IMPROVEMENTS
CARPENTRY/ CONSTRUCTION/ CONTRACTING SERVICES
CATERER'S ESTABLISHMENT
CEMETERY/ COLUMBARIUM/ CREMATORIUM
CHANGEABLE COPY SIGN
CHARITABLE INSTITUTION
CHURCH/PLACE OF WORSHIP
CLUB/ SERVICE ORGANIZATION
*CLUSTER
COASTAL FEATURES
COLD STORAGE LOCKER
COLD WATER STREAM
CO-LOCATION
COMMERCIAL HELIPORT
COMMERCIAL KENNEL
COMMERCIAL PARKING LOT/STRUCTURE
COMMERCIAL PRINTING SHOP
COMMERCIAL RIDING STABLE
COMMERCIAL USE
COMMODITY/ MORTGAGE SERVICES
*COMMON OWNERSHIP
COMMUNICATION/ BROADCAST SERVICES
COMMUNITY CENTER
*COMMUNITY RESIDENCE
(1)
(2)
(3)
(4)
COMMUNITY WATER SUPPLY WELL
COMMUNITY WATER SYSTEM
*COMPREHENSIVE PLAN
CONSERVATION DEVELOPMENT
CONSERVATION OPPORTUNITY AREAS
CONSISTENT WITH LOCAL NEEDS
(1)
(a)
(b)
(2)
CONSTRAINTS TO DEVELOPMENT
(1)
(2)
(3)
(4)
(5)
(6)
(7)
CONTRACTORS YARD
CONVENTION FACILITY
CONVENT/ RECTORY
COPY
COPY/ PRINT CENTER
CRAFT SHOP
CRISIS INTERVENTION CENTER
CROP FARMING
CURB-CUT
CUT STONE/ STONE PRODUCTS SHOP
DANCE STUDIO
*DAY CARE -- DAY CARE CENTER
*DAY CARE -- FAMILY DAY CARE HOME
DAYS
DAY SPA
DECENTRALIZED WASTEWATER TREATMENT FACILITY
DECENTRALIZED WATER TREATMENT FACILITY
*DENSITY, RESIDENTIAL
DEPARTMENT STORE
DETECTIVE/ PROTECTIVE SERVICES
DEVELOPER
*DEVELOPMENT
*DEVELOPMENT PLAN REVIEW
DISCHARGE TO GROUNDWATER
DISTILLATION PLANT
DIVING/ SCUBA SHOP
DOG DAYCARE/ TRAINING CENTER
*DRAINAGE SYSTEM
DRIVE-IN THEATER
DRIVE-THROUGH USE
DRIVING RANGE
DRUG STORE
DRY CLEANERS, COIN OPERATED
DRY CLEANING/ LAUNDRY OUTLET
DWELLING, MULTI-FAMILY
DWELLING, SINGLE FAMILY
DWELLING, TWO-FAMILY
*DWELLING UNIT
ELECTRICAL CONTRACTOR SERVICES
ELECTRICAL SUPPLY STORE
ELECTRIC GENERATING PLANT
ELECTRONIC MANUFACTURER
ELECTRONICS STORE
ELEMENTARY/ HIGH SCHOOL
EMPLOYMENT SERVICES
ENTERTAINMENT (LIVE)
*EXTRACTIVE INDUSTRY
*FAMILY
FARMER'S MARKET
FARM RETAIL SALES BUILDING
FARM STAND
FARM SUPPLY DEALER
FEMA
FIRE OR POLICE STATION
FISH PROCESSING
FISHING AREA
FISH/ SEAFOOD SHOP
FITNESS CENTER
FLEA MARKET
FLOOD BOUNDARY AND FLOODWAY MAP
FLOOD ELEVATION STUDY
FLOOD INSURANCE RATE MAP (FIRM)
FLOODPLAINS, OR FLOOD HAZARD AREA
FLOORING SALES & SERVICE
FLORIST
FOOD PROCESSING
FORESTRY
FOUNDRY
FRAGIPAN
FREESTANDING SIGN
FUNERAL HOME
FURNITURE SHOWROOM/HOME FURNISHINGS
FURNITURE/ UPHOLSTERY REPAIR SERVICES
GAMING FACILITY/ CASINO
GARDENING
GARDEN/ LANDSCAPE SUPPLY CENTER
GASOLINE STATION
GENERAL STORE/CONVENIENCE STORE
GOLF COURSE
GOVERNMENT ADMINISTRATIVE BUILDING
GOVERNMENTAL ENTITY
GOVERNMENT GARAGE/ UTILITY BUILDING
GRINDING SITE
GROCERY STORE/DELI
GROUNDWATER
GROUNDWATER DEGRADATION
GROUNDWATER QUALITY CLASSIFICATION
GROUNDWATER RECHARGE
GROUNDWATER RESERVOIR
GUEST HOUSE
HAIRDRESSING ESTABLISHMENT/ BARBER
*HALFWAY HOUSE
*HARDSHIP
HARDWARE STORE
HATCHERY
HAZARDOUS MATERIAL
HAZARDOUS WASTE
HEALTH FOODS STORE
HEAVY EQUIPMENT SALES
*HISTORIC DISTRICT/ SITE
HOBBY SHOP
HOLISTIC HEALTH CENTER
*HOME OCCUPATION
HOME OWNERS ASSOCIATION
HOSPITAL
HOTEL
*HOUSEHOLD
HOUSEHOLD APPLIANCE STORE
HOUSEHOLD COMMERCIAL RECYCLER
HYDRIC SOILS
IDENTIFICATION SIGN
ILLEGAL SIGN
IMPACT FEE
INCINERATOR
INFEASIBLE
*INFRASTRUCTURE
INN/COTTAGE RENTAL
INSURANCE AGENCY
ISDS
JANITORIAL SERVICES
JEWELRY STORE
KAYAK/ CANOE STORE
KITCHEN PRODUCTS STORE
*LAND DEVELOPMENT PROJECT
LANDSCAPE CONTRACTING SERVICES
LAND SUITABLE FOR DEVELOPMENT
LAUNDRY PLANT
LAWN CARE SERVICES
LEATHER GOODS FACTORY
LEGAL SERVICES
LETTER OF ELIGIBILITY
LIBRARY
LIGHT EQUIPMENT SALES/RENTAL
LIGHT EQUIPMENT SHOP
LIGHTING FIXTURES STORE
LINEN SHOP
LINE, STREET
LINGERIE SHOP
LIQUOR STORE
LOCAL BOARD
LOCAL REVIEW BOARD
LOCKSMITH SERVICES
*LOT
*LOT, AREA
*LOT, BUILDING COVERAGE
LOT, CORNER
*LOT, DEPTH
*LOT, FRONTAGE
LOT, IMPROVED
*LOT, LINE
(1)
(2)
(3)
*LOT, THROUGH
*LOT, WIDTH
LOW AND MODERATE INCOME
LOW AND MODERATE INCOME HOUSING
LOW IMPACT DEVELOPMENT (LID)
LOW OR MODERATE INCOME HOUSING
MAINTENANCE, SIGN
MANUFACTURING
MARINA
MARINE SUPPLY STORE
MASONRY SERVICES
MASSAGE ESTABLISHMENT
MEDICAL/ DENTAL CENTER
MEETING HOUSING NEEDS
*MERE INCONVENIENCE
MICROBREW PUB
MINIATURE GOLF COURSE
*MIXED USE
MIXED-USE OVERLAY DISTRICT
MOBILE HOME PARK
MOTEL
MOTOR VEHICLE SALES
MULTI-FAMILY DEVELOPMENT
MUNICIPAL COMMUNITY CENTER
MUNICIPAL GOVERNMENT SUBSIDY
MUNICIPAL STADIUM
MUSEUM
MUSIC STORE
NAIL SALON
NATURAL GRADE
NEWSRACK
*NONCONFORMANCE
(1)
(2)
NONCONFORMING SIGN
NON-TRANSIENT USE
NORMAL HOUSEHOLD REUSABLE MATERIALS
NOVELTY/ SOUVENIR SHOP
NUCLEAR FISSION
NUCLEAR FUSION
NUCLEAR WASTE STORAGE FACILITY
NURSERY/ GREENHOUSE
NURSERY/ KINDERGARTEN
NURSING HOME
OFFAL/ DEAD ANIMAL REDUCTION
OFFICE SUPPLY STORE
OFF-SITE CARPET CLEANING SERVICES
OFF-SITE DIRECTIONAL SIGN
OFF-STREET PARKING
OPEN LOT STORAGE
OPEN SPACE
OUTDOOR CAFE
OUTDOOR RETAIL WAREHOUSE
*OVERLAY DISTRICT
PACKAGE DISTRIBUTION SERVICES
PACKING AND BAILING SITE
PADDOCK
PAINTING/ PAPER HANGING SALES & SERVICES
PAPER PRODUCTS STORE
PASTORAL COUNSELING
PASTURE
PENNANT
*PERFORMANCE STANDARDS
PERFUMERY
*PERMITTED USE
PETROLEUM PRODUCT
PETROLEUM REFINING
PET SHOP/ GROOMING SERVICES
PETTING ZOO
PHARMACEUTICAL FACTORY
PHOTO STUDIO
PHYSICAL THERAPIST
PLANETARIUM
*PLANNED DEVELOPMENT
PLAT ASSOCIATION OFFICE/ CLUBHOUSE
PLUMBING/ HEATING SUPPLY STORE
POLITICAL SIGN
POLLUTANT
POLLUTION
PORTABLE SIGN
POSTAL SERVICES
*PREAPPLICATION CONFERENCE
PRIVATE GASOLINE PUMP ISLAND
PRIVATE LANDFILL
PRIVATE SCHOOL/ COLLEGE
PRIVATE STABLE
PRIVATE WAY
PRODUCT ASSEMBLER/ SHIPPER
PROFESSIONAL OFFICE
PROJECTING SIGN
PROPORTIONATE SHARE
PUBLIC EVENT
PUBLIC FACILITIES
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
PUBLIC PARK
PUBLIC STORAGE UNIT
PUBLIC UTILITY STRUCTURE/ FACILITY
RACE TRACK
RAIL/ BUS PASSENGER STATION
RAIL/ MOTOR FREIGHT TERMINAL
REAL ESTATE SERVICES
RECHARGE AREA
RECREATIONAL VEHICLE
RECREATION CENTER -- MAJOR
RECREATION CENTER -- MINOR
RECTORY
RECYCLING CENTER
REGULATORY FLOODWAY
RESEARCH LABORATORY/ FACILITY
RESIDENTIAL WATER TREATMENT SALES/ SERVICE
RESTAURANT
RETAIL SALES
RI CRMC
RI DEM
ROOF SIGN
SAM PLAN
SAW OR PLANING MILL
SEMICONDUCTOR/ SOLID STATE
*SETBACK LINE OR LINES
SEWAGE PUMPING STATION
SEWAGE TREATMENT PLANT
SHOE REPAIR
SHOE STORE
SHOOTING CLUB/ RANGE
SHOPPING CENTER
SIGN
SIGN - ACCESSORY
SIGN - AWNING
SIGN - BANNER
SIGN - CHANGEABLE COPY
SIGN - CONTRACTOR
SIGN - DOWNWARD DIRECTED LIGHTING
SIGN - FLAG
SIGN - FRANCHISE OR LICENSED TRADEMARK
SIGN - FREESTANDING
SIGN - ILLEGAL
SIGN - ILLUMINATED
SIGN - INDIRECTLY ILLUMINATED
SIGN - INFLATABLE
SIGN - KIOSK
SIGN - MARQUEE
SIGN - NEWS RACK, VENDING MACHINE
SIGN - NON-CONFORMING
SIGN - OFF-SITE ADVERTISING
SIGN - OFF-SITE DIRECTIONAL
SIGN - PENNANT
SIGN - PLAZA
SIGN - PORTABLE
SIGN - PROJECTING
SIGN - ROOF-MOUNTED
SIGN - SNIPE
SIGN - STRING LIGHTS
SIGN - TRAILER
SIGN - WALL-MOUNTED
SIGN - WINDOW
SITE PLAN
SMALL SCALE WOODWORKING SHOP
SNIPE SIGN
SPECIAL FLOOD HAZARD AREA
SPECIALTY FOOD STORE
*SPECIAL USE
SPECIMEN VEGETATION
SPLIT ZONING DISTRICT BOUNDARIES
STABLE, PRIVATE
STACKING SPACE
STORAGE OF UNLICENSED MOTOR VEHICLES
STREET
STREET FRONTAGE
*STRUCTURE
*SUBSTANDARD LOT OF RECORD
SUBSTANTIAL IMPROVEMENT
(1)
(2)
SUMMER RECREATION CAMP
SUPERMARKET
TAILOR/ DRESSMAKER
TAKE OUT FOOD SERVICES
TANK FARM
TAVERN/ NIGHTCLUB
TAXIDERMIST
TELECOMMUNICATION ACCESSORY EQUIPMENT/STRUCTURE
TELECOMMUNICATION TOWER/POLE
TELEPHONE MAINTENANCE YARD
TEMPORARY SIGN
TEXTILE DYEING/ FINISHING
THEATER/ CONCERT HALL
THRIFT/ CONSIGNMENT SHOP
TOBACCO SHOP
TOURIST INFORMATION CENTER
TRADITIONAL VILLAGE DISTRICT
TRAILER/ MOBILE HOME
TRAVEL AGENCY
TVD BED AND BREAKFAST
TVD COMMERCIAL PARKING LOT
TVD CRAFT SHOP
TVD PET GROOMING SERVICES
TVD TAVERN
UNMITIGATED IMPACT
*USE
*VARIANCE
(1)
(2)
VEGETATIVE PRODUCTS
VEHICLE
VESTED RIGHTS
VIDEO RENTAL SHOP
WALL SIGN
WATER PUMPING STATION
*WATERS
WATER SURFACE ELEVATION
WATER TABLE
WATER TOWER/ STANDPIPE
WATER TREATMENT PLANT
WATER UTILITY MAINTENANCE YARD
WELDING SHOP
WELL
WELL DRILLING SERVICES
WELLHEAD PROTECTION AREA
*WETLAND, COASTAL
*WETLAND, FRESHWATER
WHOLESALE STORAGE
WHOLESALE STORAGE/ WAREHOUSING
WILDLIFE REFUGE
WINDOW CLEANING SERVICES
WINDOWS AND DOORS, SALES AND SERVICE
WOOD PRODUCTS FACTORY
WOOL PULLING/ SCOURING
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
*ZONING CERTIFICATE
*ZONING MAP
*ZONING USE DISTRICTS
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.
A place where animals are slaughtered.
One whose property adjoins at a border, boundary, or point
with no intervening land.
An entrance way for vehicles to leave or enter a property
from a public road.
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]]
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.
Space in a building used for the purposes of providing products
and items related to the services of a certified accountant or bookkeeper.
A measure of land area containing forty-three thousand, five
hundred and sixty square feet.
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.
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.
Space in a building used for the providing of expertise to
create and sell advertising for clients.
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.
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.
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.
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.
Land, buildings, or structures used for the purposes of providing
products and maintenance related to the provision of air conditioning,
heating, and plumbing utilities.
The use of land, building, or structures for landing, storing,
taxiing, or taking off of aircraft.
A change or rearrangement in structural parts or an enlargement.
A facility used for the purposes of housing vehicles that
transport the sick or injured.
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:
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.
A sign manifesting either kinetic or illusionary motion occasioned
by natural, manual, mechanical, electrical or other means.
Space in a building used for the purpose of selling personal
property of a former period and objects typically collected in sets.
Space in a building used for the purpose of the retail sales
of clothing and clothing accessories.
The use of land, buildings, or structures for the manufacturing
of clothing items.
An owner or authorized agent of the owner submitting an application
or appealing an action of any official, board or agency.
The completed form or forms and all accompanying documents,
exhibits and fees required of an applicant by an approving authority
for development review, approval, or permitting purposes.
(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]
A geologic formation, group of formations, or part of a formation
that is capable of yielding significant amounts of water.
Land, buildings, or structures used for the scientific study
and public display of various species of trees and shrubs.
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.
A building, place or area where paintings, sculptures, or
other works of art are exhibited by an educational, non-profit organization.
Space in a building used for the purpose of exhibiting and/or
selling paintings, sculptures, or other works of art.
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.
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.
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.
Land that is landscaped and equipped with children's equipment
such as slides and swings and/or areas for sporting games.
Space in a building used for the purpose of retail sales
of items relating to competitive sports or active recreational activities.
Space in a building used for the purpose of offering goods
for sale to persons who bid on objects.
A structure used for the cleaning or washing of automobiles
through the application of cleaner, brushes, water and heat.
The use of land, buildings, or structures for the manufacture
of self-propelled wheeled vehicles and/or parts to those vehicles.
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.
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.
An area where automobiles are held after accidents, towing,
motor vehicle violations, etc.
An establishment that disassembles, dismantles, and disposes
of vehicles. Parts may or may not be sold at the establishment.
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.
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.
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.
An establishment engaged in the mixing and compounding of
baked goods for wholesale distribution where there is no retail sales
on the premises.
Space in a building used for the purpose of the sale of retail
baked goods including baking for retail sale on the premises.
Space in a building used for the purpose of depositing, keeping,
lending or exchanging money.
A sign made of a non-rigid surface such as cloth, fabric,
or paper with no enclosing framework.
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.
The flood having a one percent possibility of being equaled
or exceeded in any given year.
The use of facilities designed to stockpile materials and/or
actual production of asphalt and concrete or asphalt and concrete
products.
An area dedicated primarily for sun bathing and swimming
and includes accessory parking and sanitary facilities.
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.
Space in a building used for the purpose of retail sales,
services and rentals of bicycles.
Any sign or advertising device not related to a use on the
lot on which it is located, regardless of its size or dimensions.
An establishment for the fabricating and/or machining of
metals.
The Zoning Board of Review of the Town of Charlestown.
The use of land, buildings, or structures for the manufacture
of small craft which navigate on water.
Land, buildings, or structures used for the retail sales
and maintenance services for boats and marine related items.
Space in a building used for the purpose of retail sales
of printed materials such as books, magazines, and periodicals.
Any land, buildings, or structures used for the scientific
study and public display of various species of plants and plantlife.
Space in a building used for the purpose of retail sales
of fashionable, specialty clothing items and accessories.
An establishment for production and wholesale distribution
of alcoholic beverages.
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.
Any structure used or intended for supporting or sheltering
any use or occupancy.
The three-dimensional space within which a structure is permitted
to be built on a lot and which is defined by building setbacks, maximum
height, bulk, or other regulations, and/or any combination thereof.
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.
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.
An establishment that engages in the wholesale or retail
sale of lumber and allied products that are used in the construction
industry.
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.
Space in a building used for the purpose of providing advice
and expertise relating to business matters for profit.
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.
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.
Space in a building used for the purpose of primarily selling
confectionery edibles.
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]
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]
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]
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.
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.
(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;
(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;
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.
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.
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.
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.
Space in a building used for the purpose of giving help to
those in need.
Space in a building maintained by an organized religious
body, where people on a regular basis assemble for worship.
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.
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.
As defined in R.I. General Laws § 46-23.
A building whose principal use is for the storage of frozen
food.
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]
More than one wireless communications provider mounts equipment
and accessories on a single support structure, tower, or pole at a
site.
The use of land, buildings or structures for the landing
and taking off by helicopters to pick up and discharge passengers
and cargo.
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.
The use of land, or building, or structures for parking motor
vehicles, for public or private purposes for a fee.
Land, building or structures where an establishment is located
that provides duplicating services/printing equipment that may utilize
hazardous materials.
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.
An occupation, employment, or enterprise that is carried
on for profit by the owner, lessee, or licensee.
Space in a building used for the purpose of providing services
relating to commercial items, goods, financial items, stocks, or banking
services.
Either:
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.
Land, building or structures used for community activities
and controlled by the Town or an agent thereof.
A home or residential facility where children and/or adults
reside in a family setting and may or may not receive supervised care.
This shall not include halfway houses or substance abuse treatment
facilities. This shall include, but not be limited to the following:
Whenever six or fewer 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.
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.
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
.
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.
A well that serves a 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.
A comprehensive plan adopted and approved by a city or town
pursuant to chapters 22.2 and 22.3 of this title.
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]
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]
(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:
Low or moderate income housing exists which is:
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
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.
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).
[Amended 8-31-2022 by Ord. No. 397]
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.
Water bodies.
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.
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
|
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.
Any area of ledge and/or rock outcrops within four feet of surface.
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.
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]
A building or portion of a building where facilities are
provided for meetings for various purposes.
Space in a building used by members of a religious community
for living together under established rules.
The graphic content of a sign surface in letters, pictographic,
symbolic, or alphabetical form.
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.
An establishment where a handicraft is conducted for gain
or profit and may include sales and educational lessons on creating
such handicrafts.
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.
Land used for the growing and harvesting of agricultural
products.
A defined opening to provide vehicular access from a public
road to a property.
Any land, buildings, or structures used for the retail sales
of concreted earthy matter, mineral, or rock items and products.
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.
Any other day care center which is not a family day care
home.
Any home other than the individual's home in which day care
in lieu of parental care or supervision is offered at the same time
to six or fewer individuals who are not relatives of the care giver,
but may not contain more than eight individuals receiving day care.
Calendar days.
A facility whose services cater to the outer body health
and beauty of persons. Lodging accommodations are not included.
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.
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.
The number of dwelling units per unit of land.
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]
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.
(As used in ARTICLE XV) A person or legal entity undertaking
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.
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.)
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.
Land, building or structures used for the distillation of
alcohol, bones, wood, tar petroleum or any such products.
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.
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.
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.
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.
Any portion of a building or structure from which business
is transacted directly with customers located in a motor vehicle during
such business transactions.
A public or private area operated for the purpose of developing
golf techniques, but excluding golf courses.
Space in a building where the primary business is the filling
of medical prescriptions and the sale of drugs and medical supplies.
A building in which coin operated dry cleaning machines is
made available for public use.
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.
A building consisting of three or more separate dwelling
units.
[Amended 12-9-2013 by Ord. No. 360]
A dwelling unit designed for and occupied by one family.
A building designed exclusively for two dwelling units with
occupancy by not more than two families.
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.
Land, buildings, or structures used for the purpose of providing
services relating to the technology and circuitry of electricity.
Space in a building used for the purpose of retail sales
of supplies related to the provision of electricity.
The use of land, building, or structures to generate power.
The use of land, buildings, or structures to manufacture
items of composed of electronic materials.
Space in a building used for purpose of retail sales of components,
devices, computers, computer products, and supplies related to electronics
technology.
An institution certified by the State to educate school children
with the ultimate goal of obtaining a high school degree.
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.
Any play, review, scene, dance, song, performance, or act
put on to entertain.
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]
A person or persons related by blood, marriage or other legal
means. See also Household.
The use of land, buildings, or structures, or part thereof
for the purposes of selling fruit and vegetables to the general public.
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.
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.
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.
The Federal Emergency Management Agency.
Land, building or structures where fire and/or police equipment
are kept and where firemen and/or policemen are dispatched while on
duty.
The use of land, or building or structures where fish is
cleaned, frozen, preserved or canned for wholesale or retail purposes.
An area designated for the catching of fish.
Space in a building used for the purpose of retail sales
of fish and seafood.
An establishment providing facilities and services associated
with the achievement and maintenance of physical fitness.
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.
An official map of the Town on which FEMA has delineated
the "Regulatory Floodway".
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.
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.
As defined in R.I. Gen. Laws § 45-22.2-4.
Space in a building used for the purposes of providing retail
sales, installation, and maintenance services concerning materials
used in making floors.
Space in a building used for the purpose of retailing flowers
and plants singularly, in groups or as arranged.
An establishment where food is processed, prepared, and packaged,
but not served or consumed on the premises.
Establishments primarily engaged in the operation of timber
tracts, tree farms, forest nurseries, and the gathering of forest
products.
The use of land, buildings, or structures primarily for casting
metals; a primary metals plant.
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.
A sign permanently placed on the ground that is supported
from the ground and not attached to any building.
A building used for supplying of human funeral goods and
services.
Space in a building for the purpose of displaying furniture
and home furnishings products for retail sale.
Spaces in a building used for the purposes of providing services
concerning the repair of household furniture.
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.
Land that is used for the purpose of growing plants, fruits,
flowers, or vegetables.
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.
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.
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]
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.
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.
(As used in ARTICLE XV) A unit of local government;
Land, buildings, or structures used for governmental functions
other than office and administrative functions. It does not include
a penal facility.
Land, building, or structures where wastes are treated and/or
reduced.
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]
As defined in R.I. Gen. Laws § 46-13.1-3.
A deterioration or decline in groundwater quality.
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.
The process of adding water to the zone of saturation; or
the quantity of water added to the zone of saturation.
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.
An owner-occupied facility offering overnight lodging accommodations
to transients for compensation.
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.
A residential facility for adults or children who have been
institutionalized for criminal conduct and who require a group setting
to facilitate the transition to a functional member of society.
As defined in R.I. Gen. Laws § 45-24-41.
Space in a building used primarily for the purpose of selling
home repair and improvement products.
Land, buildings or structures used for the purpose of hatching
fish eggs.
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 as defined in the RI DEM Rules and Regulations
for Hazardous Waste Generation, Transportation, Treatment, Storage
and Disposal, 1988, and amendments thereto.
Space in a building used for the purpose of selling natural
and organic foods, natural personal health and personal hygiene products.
Any land, building, or structures where heavy machinery or
equipment is offered for sale, rent, or lease.[7]
As defined in R.I. Gen. Laws § 42-22.2-4.
Space in a building used for the purpose of the retail sales
of items related to hobbies.
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.
Any activity customarily carried out for gain by a resident,
conducted as an accessory use in the resident's dwelling.
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.
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.
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.
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:
Space in a building used for the purpose of selling appliances
used in residential dwellings to the general public.
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.
Soils that are saturated, flooded or ponded with water long
enough during the growing season to develop anaerobic conditions in
the upper soil layer.
A sign that identifies the name and address of a building,
institution, or persons and/or activity.
A sign that does not meet the requirements of this Ordinance
and which has not received legal nonconforming status.
(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;
A device used to burn waste substances and in which all the
combustion factors; temperature, retention time, turbulence, and combustion
air, can be controlled.
(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.
Facilities and services needed to sustain residential, commercial,
industrial, institutional, and other activities.
A facility that serves as a place for the housing and feeding
of transients in a more personal atmosphere than a hotel or motel.
Space in a building used for the purpose of conducting the
affairs of a business selling products that protect an individual's
assets.
An individual septic disposal system.
Space in a building used for the purposes of providing services
related to maintenance, cleaning, and repairs in a building.
Space in a building used primarily for the purpose of selling
and repairing jewelry products on the premises.
Space in a building used for the retail purpose of renting
or selling non-motorized kayaks or canoes.
Space in a building used for the purpose of selling cooking,
food preparation, and related products.
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.
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 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]
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.
Land, buildings, or structures used for the purposes of providing
services relating to the installation and maintenance of lawns.
A factory for the manufacture of leather products such as
belts, shoes, coats and other accessories, but does not include tannery
processing.
Space in a building used for the purpose of providing services
relating expertise to law.
(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]
Space in a building used for the purpose of housing printed
and pictorial material for public use for purposes of study, reference,
and recreation.
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.
Land, buildings, or structures used for the retail sales,
maintenance, or rental of small light-weight mechanical tools for
residential and small business uses.
Space in a building used for the purpose of selling and repairing
illumination products.
Space in a building used for the purpose of selling fabric
goods for use in household settings.
A lot line separating a lot from an adjacent street.
Space in a building used for the purpose of selling intimate
apparel.
Space in a building used for the purpose of selling, with
required licenses, alcoholic beverages to be consumed off-site.
(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.
Space in a building used for the purpose of selling locks,
safes, keys and services relating to repairing or making locks.
Either:
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.
That portion of the lot that is or may be covered by buildings
and accessory buildings.
A lot at the junction of and fronting on two or more intersecting
streets.
The distance measured from the front lot line to the rear
lot line. For lots where the front and rear lot lines are not parallel,
the lot depth is an average of the depth.
That portion of a lot at the specified setback that is contiguous,
uninterrupted and abutting a street.
A lot which is occupied or for which a certificate of occupancy
has been issued on or before the effective date of this Ordinance.
A line of record, bounding a lot, which divides one lot from
another lot or from a public or private street or any other public
or private space and shall include:
FRONT The lot line separating a lot from a street right-of-way.
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.
SIDE Any lot line other than a front or rear lot line.
A lot that fronts upon two parallel streets, or which fronts
upon two streets that do not intersect at the boundaries of the lot.
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 as those terms are defined by the
state or federal government program providing the subsidy for the
proposed low- or 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.
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]
(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.
The cleaning, painting, repair or replacement of defective
parts in a manner that does not alter the basic colors or structure
of a sign.
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.
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.
Space in a building for the retail sales of canoes, kayaks,
inflatable boats, wind surfers etc. along with other marine related
merchandise.
Land, buildings, or structures used for the purposes of providing
services relating to building or maintaining stone or brick masonry.
Space in a building used for the purpose of massage therapy,
provided by a licensed professional.
Space in a building used by members of the medical or dental
professions to provide treatment and diagnosis to patients, without
offering overnight accommodations.
(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.
As defined in R.I. General Laws § 45-24-41.
An establishment for making malt liquors for customers on
the premises in conjunction with a restaurant.
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.
A mixture of land use types within a single development,
building, or tract.
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.
A parcel of land that has been planned and improved for mobile
homes for non-transient residential use.
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.
Land, building or structures primarily dedicated for the
sale of vehicles. Vehicles are stored on premises with an accessory
sales office and service department.
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]
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.
(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.
Land, buildings, or structures owned by the Town of Charlestown
used for mass public assemblies for athletic, cultural, or other purposes.
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.
Space in a building used for the purpose of retail sales
and instruction of musical instruments, and music related items is
provided.
Space in a building used for the purpose of applying decorative
and personal hygiene procedures to fingernails and toenails.
The topography of a site before alteration. Not disturbed
ground.
A self-service, coin operated dispenser installed, used,
or maintained for the display and sale of periodicals to the general
public.
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:
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
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.
A permanent sign that met all legal requirements when constructed
but does not conform to the requirements of this Ordinance.
Intended for permanent, long-term use. Not for temporary
residents.
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.
Space in a building used for the purpose of retail sales
of new and unusual items and items of remembrance.
A nuclear reaction in which an atomic nucleus splits into
fragments.
A nuclear reaction in which nuclei combine to form more massive
nuclei with the release of energy.
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.
A retail establishment used for growing of flowers, vegetables,
plants, trees, and other vegetation that is sold directly from the
building or premises.
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.
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.
Any land, buildings, or structure used to process deceased
animals or parts thereof for any type of use.
Space in a building used for the purpose of selling products
that are used in the function and preparation of office information.
Land, buildings, or structures used for the purposes relating
to the provision of cleaning services for carpets at off-site locations.
A sign that gives directional assistance to access an establishment
conveniently and safely.
An area provided for parking not on any public or private
road.
The storage of equipment, goods, raw or processed materials
outside any building or structure.
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.
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.
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.
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.
Land, buildings, or structures used for the large scale delivery
and supply of packages.
Land, buildings, or parts of buildings where waste is compressed
and the blocks are bound or sheathed with wire, metal, plastic or
other materials.
A fenced area used as a holding area for horses, ponies,
donkeys, mules or other farm animals.
Space in a building used for the purpose of selling paint,
wallpaper and paint products and services related to installation
of such.
Space in a building used for the purpose of retail sales
of paper, paper products and related items.
Space in a building used for the purpose of providing spiritual
care and guidance by a recognized church professional.
A fenced area used to provide nutritious feed for horses,
ponies, donkeys, mules, or other farm animals.
Any lightweight, plastic, fabric, or other material suspended
from a rope, wire, or string designed to move in the wind and attract
attention.
A set of criteria or limits relating to elements which a
particular use or process either must meet or may not exceed.
Space in a building used for the purpose of providing products
with special attractive scents.
A use by right which is specifically authorized in a particular
zoning district.
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.
A building or land used for the process to reduce petroleum
to a pure state free of impurities.
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.
A place where animals are kept, often in combination of indoor
and outdoor spaces, and are viewed and touched by the public.
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.
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.
Space in a building used for the purpose of counseling individuals
and assisting them in overcoming difficulties with mobility, flexibility,
coordination and perceptiveness.
A building or room containing devices for projecting images
of celestial bodies in their courses onto the inner surface of a hemispherical
dome.
A land development project as defined herein and developed
according to plan as a single entity and containing one or more structures
and/or uses with appurtenant common areas.
A building and/or facilities owned or operated by a Homeowners
Association within a residential development for a social, educational,
or recreational purpose.
Space in a building used for the purpose of selling plumbing
and heating related items.
A temporary sign used about a local, state or national election
or referendum.
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.
Natural or man-induced alteration of the chemical, physical,
biological, and radiological integrity of water, air, and/or soil.
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.
Retail - Space in a Building used for the purpose of selling
supplies and providing services for mail delivery, pick up, and distribution.
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.
Gasoline pumps used solely for providing fuel to vehicles
owned or leased by the owner or occupant of the premises.
A state licensed site where solid waste material is disposed
of compacted and covered with earth.
The use of land or building or structures to provide higher
education by a nongovernmental entity.
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.
A private right-of-way that is used for vehicular access to a residential compound pursuant to § 218-54 of this Ordinance.
Space in a building for the purpose of final assembly of
pre-made pieces of a retail product. No manufacturing takes place.
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.
A sign other than a flat wall sign that is attached to and
projects from a building or wall.
(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;
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.
(As used in ARTICLE XV)
Water supply production, treatment, storage, and distribution
facilities;
Wastewater and solid waste collection, treatment, and disposal
facilities;
Roads, streets, and bridges, including rights-of-way, traffic
signals, landscaping, and local components of state and federal highways;
Storm water management, retention, detention, treatment, and
disposal facilities, flood control facilities, and enhancement projects;
Parks, open space areas, and recreation facilities;
Police, emergency medical, rescue, and fire protection facilities;
Public schools and libraries; and
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)
An area of public land specifically dedicated to the public
for both active and/or passive recreational use.
A building in which units are available for rent or lease
for the storage of personal goods.
The building in which a public utility maintains its office
and maintains or houses any equipment used in connection with the
utility.
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.
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.
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]
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.
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.
A vehicle which is:
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.
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.
A building used as a residence, operated as a single house-keeping
unit, that is accessory to a place of worship.
The use of land, buildings, or structures where material
is separated and packaged for shipment.
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.
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.
Space in a building used for the purpose of retail sales
and maintenance of water filtration equipment for residential uses.
Space in a building used for the purpose of providing food
and drink for sale to the public primarily for immediate consumption.
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.
The Rhode Island Coastal Resources Management Council.
The Rhode Island Department of Environmental Management.
A sign erected over or on the roof of a building.[14]
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.
Land, building, or structures where timber is cut sawed or
planed into lumber products.
A solid crystalline substance such as germanium or silicon,
that has electric conductivity greater than an insulator but less
than a good conductor.
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.
Land or buildings used for the collection and transfer of
sewage to a sewage collection system.
Any land, buildings, or structures used for the collection,
treatment and disposal of sewage.
Space in a building used for the purpose of retail service
of repairs to foot gear.
Space in a building used for the purpose of retail sales
of foot gear and related items.
Any land, buildings, or structures used for the practice
of archery or the shooting of firearms.
A building or group of buildings on a single lot whose shops
are linked together by an architectural, historical, or geographic
theme.
(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.
(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.
(As used in ARTICLE XI) any sign that is attached to or part
of an awning or canopy.
(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.
(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.
(As used in ARTICLE XI) any sign erected by a contractor
during construction.
(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.
(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.
(As used in ARTICLE XI) a sign used by any franchised entity
that uses a particular logo or design to advertise their products.
(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.
(As used in ARTICLE XI) any sign that does not meet the requirements
of this Ordinance and which has not received legal nonconforming status.
(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.
(As used in ARTICLE XI) any sign illuminated with artificial
light focused on such sign from a source exterior to the sign.
(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.
(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.
(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.
(As used in ARTICLE XI) the advertising on a newspaper or
vending machine.
(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.
(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.
(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.
(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.
(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.
(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.
(As used in ARTICLE XI) any sign erected so as to project
approximately perpendicular from the exterior of any building or wall.
(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.
(As used in ARTICLE XI) any temporary sign or poster affixed
to a tree, fence, pole or similar item (e.g. yard sale).
(As used in Article ARTICLE XI) any string of lights used
to attract attention to a product, business, service, goods, sale
or activity.
(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.
(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.
(As used in ARTICLE XI) signs displayed in windows to advertise
products or services available on premises.
The development plan for one or more lots on which is shown
the existing and/or the proposed conditions of the lot.
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]
A temporary sign or poster affixed to a tree, fence, pole
or similar item.
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.
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.
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.
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.
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.
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.
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.
The outdoor use of property occupied by an unlicensed vehicle.
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.
The measurement of a lot boundary that abuts a street line.
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.
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.
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;
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.
Any alteration of an historical structure provided that the
alteration will not preclude the structure's continued designation
as an historical structure.
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.
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]
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.
Space in a building used for the purpose of preparing food
and selling it for consumption off premises or outside the building.
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.
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.
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.
All items and/or buildings ancillary to the transmission,
reception, connection and support of wireless communication.
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.
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.
Any sign that is not permanently attached and removed after
a specified time.
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.
Space in a building used for the purpose of showing motion
pictures or for drama, dance, musical or other live performances for
an audience.
Space in a building used for the purpose of selling used
clothing and/or household goods.
An establishment where the retail sales of tobacco and tobacco
related products are made to the general public.
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.
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.
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.
Space in a building used for the purpose of arranging travel
itineraries, tickets, and accommodations.
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.
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.
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.
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.
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.
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.
The purpose or activity for which land or buildings are designed,
arranged, or intended, or for which land or buildings are occupied
or maintained.
Permission to depart from the literal requirements of this
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]
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.
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.
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.
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.
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.
Space in a building for the sale or rental of recorded movies,
video programs and related accessories.
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.
Land, buildings or structures used for the treatment and
distribution of water, including a water bottling plant.
As defined in R.I. Gen. Laws § 46-12-1(b).
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.
The upper surface of the saturated zone in an unconfined
aquifer.
Land, buildings or structures used for the storage, supply
or distribution of water.
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.
Land, buildings, or structures used for the operation, storage,
and maintenance incidental to the operation of a water distribution
system.
The use of land, buildings, or structures where pieces of
metal are welded.
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.
Land, buildings, structures or equipment used for the purpose
of providing services related to the drilling of wells to provide
water.
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.
As defined in R.I. Gen. Laws § 2-1-14.
As defined in R.I. Gen. Laws § 2-1-20.
The storage of large quantities of items for resale.
The use of land, buildings, or structures to store goods
or merchandise for resale in large quantities at a lower cost.
Land used or intended for the preservation of native plant
and/or wildlife habitat.[16]
Space in a building used for the purpose of sales or services
related to the provision of window cleaning.
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]
An establishment whose primary purpose is the manufacture
of wooden products but does not include a wood distillation plant.
The processing involved in rending, tearing or stretching
repeatedly wool for the removal of refuse or unwanted materials.
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.
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.
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.
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.
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.
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.
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.