[Amended 8-13-2002 by Ord. No. 726]
Words and phrases used in this chapter shall
have their plain and ordinary meaning unless otherwise specifically
defined below or in other sections within this chapter. Section headings
or captions are for reference purposes only and shall not be used
in the interpretation of this chapter.
One whose property abuts, that is, adjoins at a border, boundary
or point, with no intervening land.
Abandonment of a nonconforming use shall consist of some
overt act, or failure to act, which would lead one to believe that
the owner of the nonconforming use neither claims nor retains any
interest in continuing the nonconforming use unless the owner can
demonstrate an intent not to abandon the use. An involuntary interruption
of a nonconforming use, such as by fire and natural catastrophe, does
not establish the intent to abandon the nonconforming use. However,
if any nonconforming use is halted for a period of one year, the owner
of the nonconforming use will be presumed to have abandoned the nonconforming
use, unless that presumption is rebutted by the presentation of sufficient
evidence of intent not to abandon the use.
A second dwelling unit either in or added to an existing
single-family detached dwelling for use as a complete, independent
living facility. The accessory apartment provides for separate cooking,
eating, sanitation and sleeping facilities with a separate means of
egress from the primary dwelling unit.
An accessory dwelling unit for the sole use of one or more
members of the family of the occupant or occupants of the principal
residence, but need not have a separate means of ingress and egress.
(Yearly certification by the Building Official is required.)
A structure detached from a principal building on the same
lot and customarily incidental and subordinate to the principal building
or use.
A use of land or of a building, or portion thereof, customarily
incidental and subordinate to the principal use of the land or building.
Such accessory use is restricted to the same lot as the principal
use. Such accessory use shall not be permitted without the principal
use to which it is related.
An aggrieved party, for purposes of this chapter, shall be:
Any change, addition or modification in construction or occupancy
of an existing structure.
See "electronic amusement games."
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 the Town of East Greenwich
Planning Director for development review, approval or permitting purposes.
A residential facility for four or more elderly persons,
within which is provided living and sleeping facilities, meal preparation
and laundry and room cleaning services. Such facilities may provide
for the transitional residency of elderly persons progressing from
independent living to assisted living, including the care of memory-impaired
individuals where residents share common meals and may also include
the provision of other services such as transportation for routine
services.
The use of any building, land area and other premises for
the display and sale of new or used automobiles, panel trucks, vans,
trailers or recreation vehicles and including any warranty or repair
work and other repair conducted as an accessory use.
Any building, land area or other premises, or portions thereof,
used or intended to be used for the retail dispensing or sales of
vehicular fuels; and including as an accessory use the sale and installation
of lubricants, tires, batteries and similar accessories; automotive
and truck repair, rental, leasing and parking service to the general
public. Further accessory and clearly secondary activities may include
minor automobile repair and maintenance, car wash service and the
sale of food and other convenience items.
An establishment primarily engaged in the repair or maintenance
of motor vehicles, trailers and/or similar equipment, including paint,
body and fender, brake and muffler, engines, batteries, tires and
transmission, provided the activities are conducted within a completely
enclosed building.
An owner-occupied single-family house where short-term lodging
rooms (guest rooms), with or without breakfast, are provided for compensation.
A portion of an owner-occupied single-family house dedicated
solely to the bed-and-breakfast home operation, including, but not
limited to, short-term lodging rooms (guest rooms), bathrooms and
common areas.
Land which is maintained in either a natural or landscaped
state and is used to screen and/or mitigate the impacts of development
on surrounding areas, properties or rights-of-way. A buffer may also
include opaque fencing, provided the fencing is adequate to prevent
noise, glare and similar impacts from affecting surrounding property.
Impervious or pervious areas used for parking shall not be considered
buffers.
The keeping of animals other than your own for purposes of
compensation.
An establishment where beer or other malt beverages are made on the premises. There are three categories of breweries in East Greenwich: large breweries, microbreweries and farm breweries. A manufacturer's license to make alcoholic beverages under R.I.G.L. § 3-6-1 shall be required and such establishments must meet all local dimensional and parking regulations per Article VI and Table 2 of the Town's Zoning Code.
[Added 5-9-2016 by Ord.
No. 853]
An establishment where beer and malt beverages are made on
the premises in conjunction with a restaurant or bar, and where 40%
or more of the product made on site is sold on site. Brewpubs may
distribute to off-site accounts or sell beer to take away in accordance
with state law.
[Added 5-9-2016 by Ord.
No. 853]
Any structure used or intended for supporting or sheltering any use or occupancy.
The three-dimensional space within which a structure is permitted
to be built on a lot and which is defined by regulations governing
building setbacks, maximum height, bulk or other regulations, and/or
any combination thereof.
[Amended 3-14-2016 by Ord. No. 849]
For a vacant parcel of land, building height shall be measured
from the average, existing-grade elevation where the foundation of
the structure is proposed. For an existing structure, building height
shall be measured from average grade taken from the outermost four
corners of the existing foundation. In all cases, building height
shall be measured to the top of the highest point of the existing
or proposed roof or structure. This distance shall exclude spires,
chimneys, flagpoles, and the like. For any property or structure located
in a special flood hazard area, as shown on the official FEMA Flood
Insurance Rate Maps (FIRMS), building height shall be measured from
base flood elevation, and where freeboard, as defined in this section,
is being utilized or proposed, such freeboard area, not to exceed
five feet, shall be excluded from the building height calculation;
provided, however, that the Rhode Island Coastal Resources Management
Council design elevation maps may be used by an owner or applicant
to establish a base flood elevation for a property that is higher
than the official FEMA FIRMS.
[Amended 5-22-2006 by Ord. No. 765; 4-22-2019 by Ord. No.
880]
The ability of the land, as defined by geology, soil conditions,
topography and water resources, to support proposed development. Land
capacity may be modified by provision of facilities and services.
For places of public assembly, the following maximum capacities
shall apply based on net floor area designated to the public:
|
Fixed seats
|
1 person per 15 net square feet
| |
|
Without fixed seats
|
1 person per 7 net square feet
| |
|
Standing room
|
1 person per 3 net square feet
| |
|
Tables and chairs
|
1 person per 15 square feet
| |
|
Bars
|
1 person per 18 linear inches
| |
|
Booths
|
1 person per 24 linear inches
|
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 or other sensitive features and/or structures. The techniques
used to concentrate buildings shall be specified in the ordinance
and may include, but are not limited to, reduction in lot areas, setback
requirements and/or bulk requirements, with the resultant open land
being devoted by deed restrictions for one or more uses. Under cluster
development there is no increase in the number of lots that would
be permitted under conventional development except where ordinance
provisions include incentive bonuses for certain types or conditions
of development.
A parking area privately owned and operated.
Amusement businesses, including, but not limited to, driving
ranges, batting cages, go-carts and miniature golf.
Land within or related to a cluster which is prohibited from development as identified in § 260-43D of this chapter. This land is designed and intended for the common use or enjoyment of the residents of the cluster subdivision of which it is a part. The common open space may include complementary structures that are necessary and/or appropriate as determined by this chapter.
Either: 1) ownership by one or more individuals or entities
in any form of ownership of two or more contiguous lots; or 2) ownership
by any association (such ownership may also include a municipality)
of one or more lots under specific development techniques.
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:
Wherever six or fewer retarded children or adults
reside in any type of residence in the community, as licensed by the
state pursuant to Chapter 40.1-24 of Rhode Island General Laws. All
requirements pertaining to local zoning are waived for these community
residences by Rhode Island General Law.
A group home, providing care or supervision,
or both, to not more than eight mentally disabled or mentally handicapped
or physically handicapped persons, and licensed by the state pursuant
to Chapter 40.1-24.
A residence for children, providing care or
supervision, or both, to not more than eight children including those
of the caregiver, and licensed by the state pursuant to Chapter 42-72.1.
A community transitional residence providing
care or assistance, or both, to no more than six unrelated persons
or no more than three families, not to exceed a total of eight persons,
requiring temporary financial assistance and/or to persons who are
victims of crimes, abuse or neglect, and who are expected to reside
in such residence not less than 60 days nor more than two years. Residents
will have access to and use of all common areas, including eating
areas and living rooms, and will receive appropriate social services
for the purpose of fostering independence, self-sufficiency and eventual
transition to a permanent living situation.
As defined in R.I.G.L. § 21-28.6-3, a not-for-profit corporation, subject to the provisions of Chapter 6 of Title 7, and registered under § 21-28.6-12, that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies or dispenses marijuana, and/or related supplies and educational materials, to patient cardholders and/or their registered caregiver cardholder, who have designated it as one of their primary caregivers.
[Added 1-11-2016 by Ord.
No. 846]
The Comprehensive Community Plan of East Greenwich, as may
be amended, adopted and approved pursuant to Chapter 45-22.2 of the
Rhode Island General Laws (R.I.G.L.) and to which any zoning adopted
pursuant to Chapter 45-24 shall be in compliance.
A retail operation for the sale of prepackaged goods, reading
material, nonprescription drugs, and some food items.
A commercial establishment duly operating with a manufacturer' s license issued by the State of Rhode Island per RIGL § 3-6-1 wherein potable alcoholic liquors obtained by the process of distillation are made and sold. The distillation process shall take place wholly inside a building and shall result in products for sale that may include but not be limited to whiskey, vodka, rum and gin but which shall expressly exclude fermented and malted liquors like beer or wine. Craft distilleries (as distinguished from large distilleries or micro-distilleries) shall produce greater than 20,000 but less than 50,000 gallons of liquor per year. Distilleries producing greater than 50,000 gallons of liquor per year are not permitted. All provisions of § 260-24 of this Zoning Code, Off-street storage and loading, shall apply, and no greater than 30% of total gross floor area associated with the distillery can be devoted to tasting room or direct-to-consumer sales.
[Added 5-28-2019 by Ord. No. 881]
Any other child day-care center which is not a family day-care
home and is appropriately licensed by the State of Rhode Island.
[Amended 1-10-2011 by Ord. No. 812]
The number of dwelling units per unit of land.
The construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any structure. This definition
shall also include any mining, excavation, landfill or land disturbance
activity, any change in use, or alteration or extension of the use
of land.
The process whereby authorized local officials review the site plans, maps and other documentation of a development to determine the compliance with the stated purposes and standards of the ordinance. (See also Chapter A263, Development and Subdivision Review Regulations.)
See "zoning use district."
A system for the removal of water from land by drains, grading
or other appropriate means. Such techniques may include runoff controls
to minimize erosion and sedimentation during and after construction
or development, the means for preserving surface and ground waters
and the prevention and/or alleviation of flooding.
The provision of a service window where the customer remains
in vehicle while being served. Typically found in conjunction with
banks and restaurants.
A structure or portion thereof providing complete, independent
living facilities for one or more persons, including permanent provisions
for living, sleeping, eating, cooking and sanitation, and containing
a separate means of ingress and egress.
A structure containing two dwelling units, each of which
is totally separated from the other by a single unpierced wall.
That portion of a lot or lots reserved for present or future
use by a person or agency other than the legal owners of the property.
A structure designed to reduce the amount of volts of electricity
passing through a particular conduit.
Video games, arcade games and the like.
Education programs that are defined by and are subject to
R.I.G.L. § 16-1-5 et seq.
[Added 1-10-2011 by Ord. No. 812]
Damage suffered to any portion of land due to the removal
of vegetation, soil, wetlands and/or water bodies or the existence
of any hazardous materials underground.
[Amended 3-14-2016 by Ord. No. 849]
A long-term care facility or a distinct part of a facility
licensed as a nursing home, infirmary unit of a home for the aged
or a governmental medical institution. This shall include hospices.
The extraction of minerals including solids, such as coal
and ores; liquids, such as crude petroleum; and gases, such as natural
gases. The term also includes quarrying; well operation; milling,
such as crushing, screening, washing and flotation; and other preparation
customarily done at the extraction site or as part of the extractive
activity.
See "household."
Any home other than the child's home in which day care in
lieu of parental care and/or supervision is offered at the same time
to six or less children who are not relatives of the care giver, but
not containing more than a total of eight children receiving such
care, and which is licensed by the State Department of Children, Youth
and Families subject to the Department's regulations.
[Amended 1-10-2011 by Ord. No. 812]
An establishment located on a farm-zoned property of no less
than two acres that produces beer or other malt beverages manufactured
with at least one primary ingredient (hops or grains) grown on premises
and whose annual production does not exceed 150,000 gallons of beer.
A farm brewery must have all appropriate state licenses and may sell
beer at wholesale to retailers consistent with said licenses. Similarly,
direct sales to on-site customers for consumption on or off site shall
be in accordance with state law.
[Added 5-9-2016 by Ord.
No. 853]
The legal production, keeping or maintenance, for sale, lease
or personal use, of plants and animals useful to people, including
but not limited to forages and sod crops; grains and seed crops; dairy
animals and dairy products; poultry and poultry products; livestock,
including any hoofed animals and any animals not bred as household
pets. Such animals may be kept and maintained for commercial production,
sale or lease, and/or food, education or recreation. Farm animals
identified by these categories include beef cattle, sheep, swine,
horses, ponies, mules, chicken, turkeys, chinchilla or goats, or any
mutations/hybrids thereof, including the breeding and grazing of any
or all such animals; bees and apiary products; fur animals; trees
and forest products; fruits of all kinds, including grapes, nuts and
berries; vegetables; nursery, floral, ornamental and greenhouse products;
or lands devoted to soil conservation or forestry management program.
This definition shall not be construed so as to prohibit the use of
land for limited home gardening purposes. Farming does not include
the boarding of animals.
A land-use zone, the boundaries of which are clearly denoted
on the Zoning Map and which serves as the underlying zone for any
overlay zones or floating zones.
An unmapped zoning district adopted within the ordinance,
which is established on the Zoning Map only when an application for
development, meeting the zone requirements, is approved by the Town
Council.
An area that has a one-percent or greater chance of inundation
in any given year, as delineated by the Federal Emergency Management
Agency pursuant to the National Flood Insurance Act of 1968, as amended
(P.L. 90-448).
A lunch room, luncheonette, restaurant, cafeteria, cafe,
coffee house, or other place for the service of food for on-premises
consumption and whose principal business is the sale of foods or beverages
to the customer in a ready-to-consume state. Such establishments may
also sell foods or beverages for carry-out or delivery.
[Added 5-9-2011 by Ord. No. 814]
A factor of safety expressed in feet above the base flood
elevation of a flood hazard area for purposes of floodplain management.
Freeboard compensates for the many unknown factors that could contribute
to flood heights, such as wave action, bridge openings, and the hydrological
effect of urbanization of the watershed.
[Added 4-22-2019 by Ord. No. 880]
A recreation area/operation including a miniature golf course
and/or a driving range but not including a traditional nine-hole or
eighteen-hole golf course.
Groundwater and associated terms as defined in § 46-13.1-3
of the Rhode Island General Laws.
See administration and procedures of the Zoning Board of Review, § 260-91C.
[Amended 3-14-2016 by Ord. No. 849]
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.
An indoor facility including uses such as game courts, exercise
equipment, locker rooms, pool, Jacuzzi®, sauna and/or proshop.
See "building height."
Any activity customarily carried out for gain by a resident,
conducted as an accessory use in the resident's dwelling unit.
An institution providing health services primarily for human
inpatient medical or surgical care for the sick or injured, and including
related facilities such as laboratories, outpatient departments, training
facilities, central services facilities and staff offices that are
an integral part of the facilities.
A structure designed, used or offered for residential occupancy
for any period less than one month, including motels, but not including
hospitals or nursing homes. Such a structure may also include ancillary
uses such as a restaurant, meeting rooms and theater/projection room(s).
One or more persons living together in a single dwelling
unit, with common access to, and common use of, all living and eating
areas and all areas and facilities for the preparation and storage
of food within the dwelling unit. The term "household unit" shall
be synonymous with the term "dwelling unit" for determining the number
of such units allowed within any structure on any lot in a zoning
district. An individual household shall consist of any one of the
following:
Animals that are customarily kept for personal use or enjoyment
within the home. Household pets shall include domestic dogs and domestic
cats and may include other animals such as rabbits and caged birds.
Such animals are to be kept for noncommercial family purposes. The
keeping of all such pets shall comply with all relevant local laws
pertaining to leashes and confinement, licensing, etc., and shall
not constitute a public safety hazard or public nuisance.
A tax-exempt institution that people attend to participate
in or hold religious services, meetings and other activities related
to the religion.
Any man-made, immovable item which becomes part of, is placed
upon, or is affixed to real estate.
One-bedroom apartment located within the principal structure
for use by parent(s), in-law parent(s), or grandparent(s) of occupant(s)
of the principal residence. (Yearly certification by the Building
Official is required.)
Facilities and services needed to sustain residential, commercial,
industrial, institutional and other activities, including but not
limited to sewer, gas, electric, cable and water lines.
A shelter for or a place where four or more animals are bred,
boarded and/or trained, whether for compensation or not.
Education programs that are defined by and are subject to
R.I.G.L. § 16-1-5 et seq.
[Added 1-10-2011 by Ord. No. 812]
A code requiring review and approval of subdivisions and
site plans prior to construction and/or development.[2]
A project in which one or more lots, tracts or parcels of
land are to be developed or redeveloped as a coordinated site for
a complex of uses, units or structures, including but not limited
to planned development and/or cluster development for residential,
commercial, institutional, recreational, open space and/or mixed uses
as provided for in this chapter.
An establishment where beer or malt beverages are made on
premises at an annual production rate of 10,000 barrels or more. A
barrel is equivalent to roughly 31 gallons.
[Added 5-9-2016 by Ord.
No. 853]
A commercial establishment duly operating with a manufacturer's license issued by the State of Rhode Island per RIGL § 3-6-1 wherein potable alcoholic liquors obtained by the process of distillation are made and sold. The distillation process shall take place wholly inside a building and shall result in products for sale that may include but not be limited to whiskey, vodka, rum and gin but which shall expressly exclude fermented and malted liquors like beer or wine. Craft distilleries ( as distinguished from large distilleries or micro-distilleries) shall produce greater than 20,000 but less than 50,000 gallons of liquor per year. Distilleries producing greater than 50,000 gallons of liquor per year are not permitted. All provisions of § 260-24 of this Zoning Code, Off-street storage and loading, shall apply, and no greater than 30% of total gross floor area associated with the distillery can be devoted to tasting room or direct-to-consumer sales.
[Added 5-28-2019 by Ord.
No. 881]
A place where patrons wash, dry or dry-clean clothing and
other fabrics in machines operated by the patron.
A use engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales
and distribution of such projects, but excluding basic industrial
processing which requires the use of one-hundred-percent raw materials.
A park designed as a coordinated environment for a variety
of industrial and related activities. The project is developed or
controlled by one proprietary interest. It has an enforceable master
plan and/or covenants, conditions and restrictions. The development
may be on one parcel, may be subdivided, may have condominium ownerships,
or a combination of these types.
Either: 1) the basic development unit for determination of
lot area, depth and other dimensional regulations; or 2) a parcel
of land whose boundaries have been established by some legal instrument,
such as a recorded deed or recorded map, and which is recognized as
a separate legal entity for purposes of transfer of title.
Where a lot is abutted by two intersecting or intercepting
streets. Such lots have two front yards, one at each street; two side
yards; and no rear yard.
The total area within the boundaries of a lot, excluding
any street rights-of-way, usually reported in acres or square feet.
That portion of the lot that is or may be covered by buildings
and accessory buildings.
The distance measured from the front lot line to the opposite
lot line (typically the rear lot line). For lots where the front and
opposite lot lines are not parallel, the lot depth is an average of
the depth. Where the front lot line is a curved line, the distance
measured from the midpoint of the curved radial to the opposite lot
line shall constitute lot depth.
That portion of a lot abutting a street that has been approved
and accepted by the Town. Minimum frontage requirements shall be met
by contiguous lot frontage.
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:[3]
FRONTThe lot line separating a lot from a street right-of-way. Lots fronting on more than one street right-of-way are considered to have more than one front lot line and no rear lot line.
REARThe lot line opposite and most distant from the front lot line or, in the case of triangular or otherwise irregularly shaped lots, an assumed line at least 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. Lots with more than one front lot line are considered to have no rear lot line.
SIDEAny lot line other than a front or rear lot line. A lot may have more than two side lot lines.
A lot which fronts upon two parallel streets, or which fronts
upon two streets which 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.
Any retail establishment at which the sale or use of marijuana,
medical or otherwise, takes place. This shall not include a compassion
center regulated and licensed by the State of Rhode Island, as defined
herein.
[Added 1-11-2016 by Ord.
No. 846]
A facility for storing, servicing, fueling, berthing and
securing and launching of private pleasure craft that may include
the sale of fuel and incidental supplies for the boat owners, crews
and guests.
A building designed and used for the diagnosis and treatment
of human patients that does not include overnight care facilities.
See administration and procedures of the Zoning Board of Review, § 260-91C.
[Amended 3-14-2016 by Ord. No. 849]
An establishment where beer and/or malt beverages are made
on premises and then sold or distributed, producing less than 10,000
barrels per year. Microbreweries sell their product in any of the
following ways: the traditional three-tier system of brewer to wholesaler
to retailer to consumer; a two-tier system of brewer acting as wholesaler
and then to retailer to consumer; or directly to the end consumer.
[Added 5-9-2016 by Ord.
No. 853]
A commercial establishment duly operating with a manufacturer's license issued by the State of Rhode Island per RIGL § 3-6-1 wherein potable alcoholic liquors obtained by the process of distillation are made and sold. The distillation process shall take place wholly inside a building and shall result in products for sale that may include but not be limited to whiskey, vodka, rum and gin but which shall expressly exclude fermented and malted liquors like beer or wine. Microdistilleries (as distinguished from craft distilleries and large distilleries) shall produce no greater than 20,000 gallons of liquor per year. All provisions of § 260-24 of this Zoning Code, Off-street storage and loading, shall apply, and no greater than 30% of total gross floor area associated with the distillery can be devoted to tasting room or direct-to-consumer sales.
[Added 5-28-2019 by Ord.
No. 881]
A mixture of land uses within a single development, building
or tract.
Establishment in which the dead are prepared for burial or
cremation. The facility may include a chapel for conduct of funeral
services and space for funeral services, gatherings and/or display
of funeral equipment.
A building intended and designed for residential occupancy
by three or more families and not meeting the requirements for a multiple
single-family dwelling. The families shall live independently in separate
dwelling units, and the number of families in occupancy shall not
exceed the number of dwelling units provided.
A building or portion thereof containing more than two dwelling
units, where each unit has an independent means of egress and is separated
by a two-hour fire-separation assembly. Also called "attached single-family
dwellings."
A building, structure or parcel of land, or use thereof,
lawfully existing at the time of the adoption or amendment of this
chapter and not in conformity with the provisions of such chapter
or amendment.
Nonconformance shall be of only two types:
NONCONFORMING BY USEA lawfully established use of land, building or structure which is not a permitted use in that zoning district. A building or structure containing more dwelling units than are permitted by the use regulations of this chapter shall be nonconforming by use; or
NONCONFORMING BY DIMENSIONA building, structure, or parcel of land not in compliance with the dimensional regulations of this chapter. Dimensional regulations include all regulations of this chapter, other than those pertaining to the permitted uses. A building or structure containing more dwelling units than are permitted by the use regulations of this chapter is nonconforming by use; a building or structure containing a permitted number of dwelling units by the use regulations of this chapter, but not meeting the lot area per dwelling unit regulations, is nonconforming by dimension.
[Amended 3-14-2016 by Ord. No. 849]
A building or structure containing more dwelling units than
are permitted by the use regulations of this chapter shall be nonconforming
by use; a building or structure containing a permitted number of dwelling
units by the use regulations of this chapter, but not meeting the
lot area per dwelling unit regulations, shall be nonconforming by
dimension.
A use of land located in a nonresidential zone, or of a building,
or a portion thereof, located in a nonresidential zone, for the cultivation
of marijuana by two or more cardholders, as defined in R.I.G.L. § 21-28.6-3.
[Added 1-11-2016 by Ord.
No. 846]
A wrong arising from an unreasonable or unlawful use of property
to the discomfort, annoyance, inconvenience or damage of another and
usually consists of continuous or recurrent acts.
Private nursery schools and other regular programs of educational
services to children between the ages of two years and eight months
and six years where the schools operate one or more sessions daily.
This does not apply to bona fide kindergarten or nursery classes which
are part of a nonpublic elementary school system. See R.I.G.L. § 16-48-1
et seq.
[Added 1-10-2011 by Ord. No. 812]
A building or portion of a building wherein services are
performed involving predominantly administrative, professional or
clerical operations.
A tract of land that has been planned, developed and operated
as an integrated facility for a number of separate office buildings
and supporting ancillary uses with special attention given to circulation,
parking, utility needs, aesthetics and compatibility.
Land area not occupied by buildings, structures, parking
areas, streets, alleys or required yards; may be devoted to landscape
preservation of natural features or recreation facilities and areas.
A district established by this chapter that is superimposed
on one or more districts or parts of districts. The standards and
requirements associated with an overlay district may be more or less
restrictive than those in the underlying districts, consistent with
other applicable state and federal laws. These districts include but
are not limited to the Historic District, Aquifer/Wellhead District,
Floodplain District and Cluster District.
[Amended 3-14-2016 by Ord. No. 849]
Any outdoor space, plot, lot, parcel, yard or enclosure, or any portion thereof, where more than two motor vehicles may be parked, stored, housed or kept. "Parking lot" includes but is not limited to the driving and parking areas of drive-through restaurants, banks, gas stations, grocery stores, etc. "Parking lot" shall also include Town-owned and -operated and/or -leased off-street parking lots. (See also Article VI of this chapter.)
A set of criteria or limits relating to elements which a
particular use or process either must meet or may not exceed.
A use by right which is specifically authorized in a particular
zone.
Marijuana cultivation by a single registered cardholder,
as defined in R.I.G.L. § 21-28.6, within his or her residential
dwelling for medical use only. This use shall only be permitted as
an accessory use to a lawfully permitted residential use. In a mixed-use
building that contains residential and nonresidential uses, this use
shall be contained within the residential dwelling unit only.
[Added 1-11-2016 by Ord.
No. 846]
Land development project as defined elsewhere in this chapter
and developed according to plan(s) as a single entity and containing
one or more structures and/or uses with appurtenant common areas.
The growing of plants for food or fiber, to sell or consume.
[Added 3-14-2016 by Ord.
No. 849]
A review meeting of a proposed development held between applicants
and reviewing agencies, as permitted by law and municipal ordinance,
before formal submission of an application for a permit or for development
approval.
Education programs that are defined by and are subject to
R.I.G.L. § 16-1-5 et seq.
[Added 1-10-2011 by Ord. No. 812]
A facility owned and operated by a federal and/or state approved
not-for-profit organization or one that is operated for profit whose
purpose is systematic training and instruction designed to impart
knowledge and develop skills, including institutions which are authorized
by the State of Rhode Island to award associate, baccalaureate or
higher degrees and the facilities associated with them. This term
includes academic buildings, administrative facilities, athletic facilities,
residential facilities, parking areas, garages, dining halls, food
service facilities, agricultural facilities and other physical plants
associated with college or university use. This facility may include
schools operated by religious organizations.
[Amended 1-10-2011 by Ord. No. 812; 5-9-2011 by Ord. No. 814]
A place designed and equipped for the conduct of sports leisure-time
activities and other customary, usual recreational activities, which
is operated as a business and open to the public for a fee.
The use of land located in a residential zone, or of a building,
or a portion thereof, located in a residential zone, for the cultivation
of marijuana by two or more cardholders, as defined in R.I.G.L. § 21-28.6-3.
[Added 1-11-2016 by Ord.
No. 846]
A retail establishment where food and beverages are cooked
or prepared and offered for sale and where consumption is permitted
on the premises.
[Amended 4-12-2021 by Ord. No. 903]
DRIVE-IN RESTAURANTA building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption takes place outside the confines of the building, often in a motor vehicle on site.
The sale of a product to the general public, not intended
to be resold by others; may involve the sale of general retail goods
and accessory services and the storage of products for sale.
A building or land where horses are kept for remuneration,
hire or boarding. A minimum of one acre of land per horse boarded
on site is required.
An area or strip of land, either public or private, occupied
or intended to be occupied by a street, electric transmission line,
gasline, water main, sanitary or storm sewer main, drainagecourse,
or other special use.
Any building which is used in whole or in part as a place
where sleeping accommodations are furnished for hire or other consideration,
with or without board, for not more than 20 guests or employees of
the management, or where 10 or fewer sleeping rooms are maintained
for such guests or employees. This term shall include tourist homes,
lodging homes, convents, monasteries and other nonprofit and charitable
institutions which have accommodations as stated, but shall not include
private dwellings that accommodate habitation guests or employees,
bed-and-breakfast establishments, apartment houses, hotels, convalescent
homes, nursing homes, assisted living facilities, or homes for the
aged.
A device or antenna intended to receive signals from orbiting satellites and other sources. Noncommercial dish antennas are defined as being less than four meters in diameter, while commercial dish antennas are usually those larger than four meters and typically used by broadcasting stations. The Town does not exercise jurisdiction over the "mini dishes" which are less than 39 inches in diameter, except where they are to be installed within the Historic District or on an outlying historic property included in Article XI of this chapter or where dish installation must be restricted based on safety issues.
Any real property designed and used for the purpose of renting
or leasing individual storage space to occupants who are to have access
to the space for the purpose of storing and removing personal property.
[Added 5-10-2004 by Ord. No. 746]
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. (See the Lot Illustration at the end of
this chapter and also the definition of "building envelope.")[4]
See "sign" and other sign-related terms defined in Article VII, Signs.
A plan for one or more lots which shows the existing and/or
the proposed conditions of the lot.
An establishment whose business is primarily devoted to the
serving of tobacco products for consumption on the premises, in which
the annual revenues generated by tobacco sales are greater than 50%
of the total revenue for the establishment and the serving of food
or alcohol is only incidental to the consumption of the tobacco products
that is in full compliance with § 23-20.10-2(20) of the
Rhode Island General Laws.
[Added 4-12-2021 by Ord. No. 903]
A regulated use which is permitted pursuant to the approval
of a special use permit issued by the Zoning Board of Review. Formerly
referred to as a "special exception."
Depositing articles (goods, wares, equipment or merchandise)
for safekeeping or future use. Articles appurtenant for the residential
use of a property are exempted from this definition. Also in order
to constitute storage, articles must be left outdoors on a parcel
for a period exceeding 30 days. Stored article shall not be permitted
between the front lot line and the primary structure nor in any side
or rear setback.
A public way established by or maintained under public authority.
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.[5]
Any lot lawfully existing at the time of adoption or amendment of this chapter and not in conformance with the dimensional and/or area provisions of this chapter. (See also Article IV, Substandard Lots of Record.)
A use that is allowed until sale or completion of the final
unit of an approved development.
A shelter of canvas or like material supported by poles and
fastened to the ground. No tent exceeding 120 square feet shall be
erected, operated or used without permission from the Building Official
and Fire Department. Permits for such tents shall be issued for a
period not to exceed 30 days and shall be revocable for cause.
A building or part of a building devoted to showing motion
pictures or for dramatic, musical or live performances.
Single-family dwelling units constructed in a row of attached
units separated by property lines and with open space on at least
two sides.
Any portable structure or vehicle constructed on a chassis
and self-propelled or designed to be drawn by vehicles which, notwithstanding
the removal of wheels or any other alteration, shall remain a trailer
for purposes expressed here. No person may locate a trailer for storage
without first obtaining a permit from the Building Official. Such
permit may be issued for a period not to exceed 30 days but may be
renewed once, provided that there has been no violation of state law
or Town ordinance. No more than one trailer shall be permitted on
a lot, and such trailers must meet the accessory structure setback
requirements of the relevant zone. Such trailers shall be permitted
in industrial zones only. Construction storage trailers used coincidental
with ongoing permitted construction may be exempted from these requirements
for the duration of the construction project only.
A structure designed to aid in the transmission of radio
and/or electrical impulses for the purposes of communication (i.e.,
for mobile phones, radio, TV, etc.).
The purpose or activity for which land or buildings are designed,
arranged or intended, or for which land or buildings are occupied
or maintained.
Space which is effectively separated from automobile traffic
and parking and is an integral part of the cluster development. The
term shall not include:
Permission to depart from the literal requirements of this
chapter as granted by the Zoning Board of Review. An authorization
for the construction or maintenance of a building or structure or
for the establishment or maintenance of a use of land which is prohibited
by this chapter.
There shall be only two categories of variance: a use variance or a dimensional variance. (See also Article XV, Administration and Procedures of Zoning Board of Review.)
USE VARIANCE.Permission to depart from the use requirements of this chapter where the applicant for the requested variance has shown by evidence upon the record that the subject land or structure cannot yield any beneficial use if it is to conform to the provisions of this chapter.
DIMENSIONAL VARIANCEPermission to depart from the dimensional requirements of this chapter where the applicant for the requested relief has shown by evidence upon the record that there is no other reasonable alternative way to enjoy a legally permitted beneficial use of the subject property unless granted the requested relief from the dimensional regulations.
However, the fact that a use may be more profitable or that
a structure may be more valuable after the relief is granted shall
not be grounds for relief.
A building used primarily for the storage and/or distribution
of goods and materials.
As defined in § 46-12-1(23), Rhode Island General
Laws, as may be amended.[6]
A marsh, swamp, bog, pond, river, river or stream floodplain
or bank; an area subject to flooding or storm flowage; an emergent
or submergent plant community in any body of fresh water; or an area
within 50 feet of the edge of a bog, marsh, swamp, or pond, as defined
in R.I.G.L. § 2-1-20; or any salt marsh bordering on the
tidal waters of this state, whether or not the tidal waters reach
the littoral areas through natural or artificial watercourses, and
those uplands directly associated and contiguous thereto which are
necessary to preserve the integrity of that marsh, and as further
defined by the Rhode Island Coastal Resources Management Program,
as may be amended.[7]
The sale of a product in large quantities from a manufacturing
or warehousing facility to be retailed by others.
See definitions for "lot line" and "setback lines."[8]
A document signed by the Zoning Enforcement Officer which
states whether or not a use, structure, building or lot either complies
with or is legally nonconforming to the provisions of this chapter
or whether or not it is an authorized variance or modification therefrom.
The individual designated by the Town Manager to interpret
and enforce compliance with this chapter.
The map or maps which are a part of this chapter and which
delineate the boundaries of all mapped zoning districts within the
physical boundary of the Town and adopted as part of this chapter.
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.
