The zoning regulations and districts set forth
in this chapter have been established in accordance with the Glocester
Comprehensive Community Plan, adopted, and as may be amended, in accordance
with R.I.G.L. § 45-22.2, and for the following purposes,
each with equal priority and numbered for reference purposes only:
A. Promoting the public health, safety, and general welfare;
B. Providing for a range of uses and intensities of use
appropriate to the character of the Town and reflecting current and
expected future needs;
C. Providing for orderly growth and development which
recognizes:
(1) The goals and patterns of land use contained in the
Comprehensive Plan of the Town adopted pursuant to Rhode Island General
Laws, Title 45, Chapter 22.2;
(2) The natural characteristics of the land, including
its suitability for use based on soil characteristics, topography,
and susceptibility to surface and groundwater pollution;
(3) The values and dynamic nature of freshwater ponds,
shorelines and wetlands;
(4) The values of unique or valuable natural resources
and features;
(5) The availability and capacity of existing and planned
public and/or private services and facilities;
(6) The need to shape and balance development; and
(7) The use of innovative development regulations and
techniques.
D. Providing for the control, protection, and/or abatement
of air, water, groundwater, and noise pollution, and soil erosion
and sedimentation;
E. Providing for the protection of the natural, historic,
cultural, and scenic character of the Town;
F. Providing for the preservation and promotion of agricultural
production, forest, silviculture, aquaculture, timber resources, and
open space;
G. 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;
H. 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;
I. Providing opportunities for the establishment of low-
and moderate-income housing;
J. Promoting safety from fire, flood, and other natural
or man-made disasters;
K. Promoting a high level of quality in design in the
development of private and public facilities;
L. Promoting implementation of the Glocester Comprehensive
Plan adopted pursuant to Title 45, Chapter 22.2, of the Rhode Island
General Laws;
M. Providing for coordination of land uses with contiguous
municipalities, other municipalities, the state, and other agencies,
as appropriate, especially with regard to resources and facilities
that extend beyond municipal boundaries or have a direct impact on
that municipality;
N. Providing for efficient review of development proposals,
to clarify and expedite the zoning approval process;
O. Providing for procedures for the administration of
this chapter, including, but not limited to, variances, special use
permits, and, where adopted, procedures for modifications.
The districts and regulations contained in this
chapter are made in accordance with and consistent with the Glocester
Comprehensive Community Plan, as adopted and as may be amended. In
the instance of uncertainty in the construction or application of
any section of this chapter, the chapter shall be construed in a manner
that will further the implementation of, and not be contrary to, the
goals and policies and applicable elements of the Glocester Comprehensive
Community Plan.
The following words, terms and phrases, when
used in this chapter, shall have the following meanings ascribed to
them and shall be controlling. Terms not defined herein shall have
the meanings customarily assigned to them.
ABUTTER
One whose property abuts, that is, adjoins at a border, boundary,
or point with no intervening land.
ACCESSORY FAMILY 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 not needing to have a separate means of ingress and
egress.
ACCESSORY USE
A use of land or of a building, or portion thereof, customarily
incidental and subordinate to the principal use of the land or building.
An accessory use may be restricted to the same lot as the principal
use. An accessory use shall not be permitted without the principal
use to which it is related.
AGGRIEVED PARTY
An aggrieved party, for purposes of this chapter, shall be:
A.
Any person or persons or entity or entities
who can demonstrate that their property will be injured by a decision
of any officer or agency responsible for administering this chapter;
or
B.
Anyone requiring notice pursuant to this chapter.
AGRICULTURAL BUILDING
A structure designed, constructed and primarily intended
for support of an agricultural operation, such as, but not limited
to, storage of farm animals, implements and equipment, supplies or
products, and the production of farm-related products, that contains
no residential use and is not open to the public. Residential structures
and residential garages shall not be considered as agricultural buildings.
[Added 6-6-2019, effective 6-6-2019]
AGRICULTURAL LAND
As defined in R.I.G.L. 45-22.2-4, land suitable for agriculture
by reason of suitability of soil or other natural characteristics
or past use for agricultural purposes. Agricultural land includes
that defined as prime farmland or additional farmland of statewide
importance for Rhode Island by the Soil Conservation Service of the
United States Department of Agriculture.
[Amended 6-6-2019, effective 6-6-2019]
AGRICULTURAL OPERATIONS
Any commercial enterprise which has as its primary purpose
horticulture, viticulture, viniculture, floriculture, forestry, dairy
farming, or aquaculture, or the raising of livestock, fur-bearing
animals, poultry or bees, or as such definition may be amended from
time to time in § 2-23-4 of the Rhode Island General Laws entitled
"The Rhode Island Right to Farm Act."
[Added 6-6-2019, effective 6-6-2019]
AGRICULTURAL PRODUCTS
Cultivated or raised plant and animal life that has been harvested or processed for consumption, including feed and forage; floriculture and nursery products; grains; herbs; vegetables; fruits and nuts; viticulture; honey; eggs; dairy; cattle; sheep; poultry; game and game birds; and fiber for clothing. All uses listed in §
350-12, Prohibited uses, remain prohibited.
[Added 6-6-2019, effective 6-6-2019]
AGRICULTURAL-RELATED PRODUCTS
Products, other than agricultural products as defined in this section, which are built, constructed, or crafted on a farm by the landowner and/or his/her family members such as crafts, art, books, clothing or quilts. This definition also includes hand garden tools, lawn and garden supplies such as potting soil, peat moss or other soil amendments, seed, pots, planters and similar items. This definition specifically excludes products which, by their very nature must be manufactured in a commercial or industrial location, including, but not limited to, automotive products, farm machinery, lawn mowers, chain saws, fabricated metal products, tools, or hardware. All uses listed in §
350-12, Prohibited uses, remain prohibited.
[Added 6-6-2019, effective 6-6-2019]
AIRPORT HAZARD AREA
Any area of land or water upon which an airport hazard might
be established if not prevented as provided for in Title 1, Chapter
3 of the Rhode Island General Laws.
ALTERATIONS
As applied to a building or structure, means a change or
rearrangement in the structural parts or in the existing facilities,
or an enlargement whether by extension of a side or by increasing
in height or by movement from one location or position to another.
ANTENNA
A device utilized to emit or receive radio frequency communications,
including antenna configurations such as panel antennas, whip-style
antennas, dish antennas and multielement antennas.
APPLICANT
An owner or authorized agent of the owner submitting an application
or appealing an action of any official, board or agency.
APPLICATION
The completed form or forms and all accompanying documents,
exhibits, and fees required of an applicant by an approving authority
for development review, approval, or permitting purposes.
BOARD
The Zoning Board of Review of the Town of Glocester.
BREWPUB
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. A manufacturer's license to make alcoholic beverages
under R.I.G.L. shall be required, and such establishments must meet
all licensing requirements for local food service.
[Added 1-16-2020; effective 1-16-2020]
BUFFER
Land which is maintained in either a natural or landscaped
state, and is used to screen and/or mitigate the impacts of development
on surrounding areas, properties or rights-of-way.
BUILDING
Any structure used or intended for supporting or sheltering
any use or occupancy.
BUILDING ENVELOPE
The three-dimensional space within which a structure is permitted
to be built on a lot and which is defined by regulations governing
building setbacks, maximum height, and bulk; by other regulations;
and/or any combination thereof.
BUILDING HEIGHT
The vertical distance from grade, as determined by the Town,
to the top of the highest point of the roof or structure. The distance
may exclude spires, chimneys, flagpoles, and the like.
CAMOUFLAGE
A method of disguising or reducing the visibility of wireless
facilities, towers and antennas through painting, enclosing, shielding
behind or inside another structure.
CLUSTER
A site planning technique that concentrates buildings in
specific areas on the site to allow the remaining land to be used
for recreation, common open space, and/or preservation of environmentally,
historically, culturally, or other sensitive features and/or structures.
The techniques used to concentrate buildings shall be specified in
this chapter 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 chapter provisions include incentive bonuses for certain types
or conditions of development.
COMMERCIAL GREENHOUSE
A structure utilized for seed germination, plant propagation,
hardening-off of, forcing or maintenance of a controlled climate to
sustain plant growth otherwise not possible in natural out-of-door
surroundings.
[Added 6-6-2019, effective 6-6-2019]
COMMON OWNERSHIP
Either:
A.
Ownership by one or more individuals or entities
in any form of ownership of two or more contiguous lots; or
B.
Ownership by any association (such ownership
may also include a municipality) of one or more lots under specific
development techniques.
COMMUNITY RESIDENCE
A home or residential facility where children and/or adults
reside in a family setting and may or may not receive supervised care.
This shall not include halfway houses or substance abuse treatment
facilities. This shall include, but not be limited to the following:
A.
Whenever six or fewer retarded children or adults
reside in any type of residence in the community, as licensed by the
state pursuant to Chapter 24 of Title 40.1 of the Rhode Island General
Laws. All requirements pertaining to local zoning are waived for these
community residences;
B.
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 24 of Title 40.1 of the Rhode Island General Laws;
C.
A residence for children providing care or supervision,
or both, to not more than eight children, including those of the caregiver,
and licensed by the state pursuant to Chapter 72.1 of Title 42 of
the Rhode Island General Laws;
D.
A community transitional residence providing
care or assistance, or both, to no more than six unrelated persons
or no more than three families, not to exceed a total of eight persons,
requiring temporary financial assistance, and/or to persons who are
victims of crimes, abuse, or neglect, and who are expected to reside
in that residence not less than 60 days nor more than two years. Residents
will have access to and use of all common areas, including eating
areas and living rooms, and will receive appropriate social services
for the purpose of fostering independence, self-sufficiency, and eventual
transition to a permanent living situation.
COMPREHENSIVE PLAN
The Comprehensive Plan adopted and approved pursuant to Title
45, Chapter 22.2 of the Rhode Island General Laws; and any zoning
ordinance adopted shall be in compliance with said aforementioned
chapter.
CONSERVATION DEVELOPMENT
A type of land development project which allows a community
to guide growth to the most appropriate areas within a parcel of land
to avoid impacts to the environment and to protect the character-defining
features of the property. See Glocester Land Development and Subdivision
Regulations.
[Added 11-15-2007, effective 12-20-2007]
CONVENTIONAL SUBDIVISION
A residential subdivision in which all land being subdivided
is dedicated to either development lots or street right-of-way; not
a conservation development.
[Added 11-15-2007, effective 12-20-2007]
CONVENTIONAL YIELD PLAN
A plan of a conventional subdivision or land development
project (as opposed to a conservation development) that depicts the
maximum number of single-family building lots or dwelling units that
could reasonably be built on a parcel of land under current zoning,
taking into account the presence of physical constraints to development,
such as wetlands, or other land unsuitable for development.
[Added 11-15-2007, effective 12-20-2007]
CUL-DE-SAC
A required turnaround at the termination of a dead-end street, the right-of-way diameter of which is required to be as set forth in Chapter
300, Subdivision of Land.
DAY CARE
B.
FAMILY DAY-CARE HOMEAny home other than the individual's home in which day care in lieu of parental care or supervision is offered at the same time to six or fewer individuals who are not relatives of the caregiver, but may not contain more than a total of eight individuals receiving day care.
DAY SPA
A business that provides a variety of services for the purpose
of improving health, beauty and relaxation through personal care treatments.
[Added 1-16-2020; effective 1-16-2020]
DEVELOPMENT
The construction, reconstruction, conversion, structural
alteration, relocation, or enlargement of any structure; any mining,
excavation, landfill or land disturbance; any change in use, or alteration
or extension of the use, of land.
DEVELOPMENT PLAN REVIEW
The process whereby 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 this chapter.
DISTILLERY
An establishment or facility that manufactures intoxicating
liquor on premises and has been issued a manufacturer's license under
applicable R.I.G.L. § 3-6-1.
[Added 1-16-2020; effective 1-16-2020]
DRAINAGE SYSTEM
A system for the removal of water from land by drains, grading,
or other appropriate means. These techniques may include runoff controls
to minimize erosion and sedimentation during and after construction
or development, the means for preserving surface and groundwaters,
and the prevention and/or alleviation of flooding.
DRIVE-IN BUSINESS
A business enterprise where goods such as, but not limited
to, food, beverages, retail commodities, or services, such as, but
not limited to, banking or car wash services, are sold or transacted
outside the confines of a building or portion thereof, in such a manner
that customers are not usually required to leave their vehicles.
DUPLEX
Two single dwelling units, within the same structure, each
with separate entrances divided by a common party wall and/or floor
assembly.
DWELLING UNIT
A structure or portion thereof providing complete, independent
living facilities for one or more persons, including permanent provisions
for living, sleeping, eating, cooking, and sanitation, and containing
a separate means of ingress and egress.
EARTH REMOVAL
The extraction, or removal of any soil, loam, sand, gravel, or clay from deposits on a tract of land, as regulated and licensed by the Town Council under Chapter
166, Earth Removal, as may be amended.
EQUESTRIAN FACILITIES
Commercial horse facilities, including boarding stables,
riding schools, horse exhibition facilities, and riding areas. This
includes barns, stables, corrals, and paddocks accessory and incidental
to above uses.
[Added 6-6-2019, effective 6-6-2019]
EXTRACTIVE INDUSTRY
The extraction of minerals, including solids, such as coal
and ores; liquids, such as crude petroleum; and gases, such as natural
gases. The term also includes quarrying; well operation; milling,
such as crushing, screening, washing, and flotation; and other preparation
customarily done at the extraction site or as a part of the extractive
activity.
FAMILY
A person or persons related by blood, marriage, or other
legal means. See also "household."
FARM
Agricultural land together with principal and accessory buildings,
upon which agricultural operations are conducted or operated by an
individual or business entity with a state farm tax number issued
pursuant to R.I.G.L. § 44-18-30(32).
[Added 6-6-2019, effective 6-6-2019]
A.
SMALL FARMA tract of land occupying less than 10 contiguous acres which meets the above definition.
B.
MEDIUM FARMA tract of land occupying at least 10 contiguous acres but less than 25 contiguous acres which meets the above definition.
C.
LARGE FARMA tract of land occupying at least 25 contiguous acres that meets the above definition.
FARM CAFE
A type of farm-based retail in a farm retail sales building
engaged in the sale and service of food and beverages to order, prepared
and consumed at a farm, and which operates as an accessory use clearly
subordinate to the farm operation. The food service must be in compliance
with applicable state regulations and have no more than 20 seats for
patrons.
[Added 6-6-2019, effective 6-6-2019]
FARM HOME FOOD PRODUCTION
Production and sales in compliance with R.I.G.L. § 21-27-6.1
which allows the production of jams, jellies, preserves, vinegars,
double-crust pies, yeast breads, maple syrup, candies/fudges, and
dried herbs/spices. All food, to the extent possible, must use Rhode
Island-grown produce.
[Added 6-6-2019, effective 6-6-2019]
FARM PRODUCT PROCESSING
The processing of all agricultural products raised on the premises as defined in this section subject to all applicable state and Town regulations and licensing requirements. The processing of agricultural products not raised on the premises is not allowed. This definition specifically excludes any processing activities that would by their very nature be typically processed in a commercial or industrial location, including but not limited to any process that would use hazardous materials as defined by the U.S. Environmental Protection Agency and the U.S. Occupational Safety and Health Administration or generate objectionable odors, dust, noise or smoke and all uses listed in §
350-12, Prohibited uses.
[Added 6-6-2019, effective 6-6-2019; amended 12-7-2023, effective 12-7-2023]
FARM RETAIL SALES BUILDING
A building located upon a farm, not exceeding 1,200 square
feet in gross floor area per farm, the principal use of which is the
sale of farm or farm-related products at retail to the general public.
[Added 6-6-2019, effective 6-6-2019]
FARM WINERY/BREWERY/DISTILLERY
An agricultural operation that grows and processes grapes,
other fruit products, grains or vegetables to produce wine, beer or
spirits in accordance with RI General Laws section 3-6-1. Processing
includes wholesale sales, crushing, brewing, distilling, fermenting,
blending, aging, storage, bottling, and administrative office functions.
Retail sales and tasting facilities of wine, beer, spirits and related
promotional items, as well as a farm café with limited food
service, may be permitted as part of the winery, brewery or distillery
operations.
[Added 6-6-2019, effective 6-6-2019]
FARM-BASED CONTRACTING BUSINESS
The use of an owner-occupied dwelling or of a building accessory
thereto as a place for an office or incidental storage of supplies
and equipment in conjunction with an off-premises trade by a builder,
carpenter, electrician, painter, plumber, arborist, logger, or similar
contractor who resides on-site where such use is clearly subordinate
to the primary use of the premises as a farm, employs no more than
four nonresident employees and involves no retail sales from the premises.
Uses such as the transportation of fuel, oil, wastewater, or hazardous
waste, as defined by Rhode Island Department of Environmental Management
hazardous waste regulations, are not permitted as a farm-based contracting
business. Nothing herein shall prevent a farm owner from having a
fuel truck available to fuel on-site machinery.
[Added 6-6-2019, effective 6-6-2019]
FARM-BASED RETAIL
The retailing on a farm of agricultural products.
[Added 6-6-2019, effective 6-6-2019]
FARMERS' MARKET
An occasional or periodic market, with goods offered for
sale to the general public by individual sellers from open-air or
semienclosed facilities or temporary structures. The market is composed
of vendors with outdoor stalls, stands or spaces used for the purpose
of display and sale of merchandise, which is limited to home-produced
or locally grown farm/forest products, food, and agricultural crafts.
[Added 6-6-2019, effective 6-6-2019]
FLOATING ZONE
An unmapped zoning district adopted within the chapter which
is established on the Zoning Map only when an application for development,
meeting the zone requirements, is approved.
FLOODPLAINS or FLOOD HAZARD AREA
An area that 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.
GROUNDWATER
Water found underground which completely fills the open spaces
between the particles of sand, gravel, clay, silt, and consolidated
rock fractures. The zone of materials filled with groundwater is called
the "zone of saturation."
HABITABLE SPACE
As defined in Article 2, Section 201, of the Rhode Island
State Building Code (RISBC SBC-1), as amended.
HALFWAY HOUSE
A residential facility for adults or children who have been
institutionalized for criminal conduct and who require a group setting
to facilitate the transition to a functional member of society.
HARDSHIP
A determination rendered by the Zoning Board of Review that
is consistent with the requirements of R.I.G.L. § 45-24-41.
HOME OCCUPATION
Any activity customarily carried out for gain by a resident,
conducted as an accessory use in the resident's dwelling unit located
within a residentially zoned area, but not to include any dealing
and/or selling of firearms or related products.
HOUSEHOLD
One or more persons living together in a single dwelling
unit, with common access to, and common use of, all living and eating
areas and all areas and facilities for the preparation and storage
of food within the dwelling unit. The term "household unit" shall
be synonymous with the term "dwelling unit" for determining the number
of such units allowed within any structure on any lot in a zoning
district. An individual household shall consist of any one of the
following:
A.
A family, which may also include servants and
employees living with the family; or
B.
A person or group of unrelated persons living
together. The maximum number may be set by local ordinance, but this
maximum shall not be less than three.
INCENTIVE ZONING
The process whereby the local authority may grant additional
development capacity in exchange for the developer's provision of
a public benefit or amenity as specified in local ordinances.
INFRASTRUCTURE
Facilities and services needed to sustain residential, commercial,
industrial, institutional, and other activities.
LAND DEVELOPMENT PROJECT
A project in which one or more lots, tracts, or parcels of
land are to be developed or redeveloped as a coordinated site for
a complex of uses, units or structures, including, but not limited
to, planned development, conservation development and/or cluster development
for residential, commercial, institutional, recreational, open space,
and/or mixed uses as may be provided for in this chapter.
[Amended 11-15-2007, effective 12-20-2007]
LAND UNSUITABLE FOR DEVELOPMENT
Land which has environmental constraints or physical constraints to development. The regulations in §
350-58 shall apply.
[Added 11-15-2007, effective 12-20-2007]
LARGE BREWERY
An establishment where beer or malt beverages are made on
premises with a total production greater than 50,000 gallons per year.
A manufacturer's license to make alcoholic beverages in accordance
with R.I.G.L.§ 3-6-1, as amended, is required.
[Added 1-16-2020; effective 1-16-2020]
LARGE TOWER FACILITIES
Sometimes referred to as “high-intensity facilities.”
These facilities are considered to be greater than 125 feet in height
or are designed to carry antenna arrays for more than four telecommunications
carriers.
LINE, STREET
A lot line separating a lot from an adjacent street.
LIVESTOCK
Any farm animal used for profit or sale.
[Added 6-6-2019, effective 6-6-2019]
LOT
Either:
A.
The basic development unit for determination
of lot area, depth, and other dimensional regulations; or
B.
A parcel of land whose boundaries have been
established by some legal instrument such as a recorded deed or recorded
map and which is recognized as a separate legal entity for purposes
of transfer of title.
LOT AREA
The total area within the boundaries of a lot, excluding
any street right-of-way, usually reported in acres or square feet.
LOT BUILDING COVERAGE
That portion of the lot that is or may be covered by buildings
and accessory buildings.
LOT, CORNER
A lot at the junction of and fronting on two or more intersecting
streets.
LOT DEPTH
The distance measured from the front lot line to the rear
lot line. For lots where the front and rear lot lines are not parallel,
the lot depth is an average of the depth.
LOT FRONTAGE
That portion of a lot abutting a street. A zoning ordinance
shall specify how noncontiguous frontage will be considered with regard
to minimum frontage requirements.
LOT LINE
A line of record, bounding a lot, which divides one lot from
another lot or from a public or private street or any other public
or private space and shall include:
A.
FRONTThe lot line separating a lot from a street right-of-way.
B.
REARLot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, an assumed line at least 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line; and
C.
SIDEAny lot line other than a front or rear lot line. On a corner lot, a side lot line may be a street lot line, depending on requirements of this chapter.
LOT OF RECORD
A parcel of land recorded by deed or plat in the office of
the Town Clerk of Glocester.
LOT, THROUGH
A lot which fronts upon two parallel streets, or which fronts
upon two streets which do not intersect at the boundaries of the lot.
LOT WIDTH
The horizontal distance between the side lines of a lot measured
at right angles to its depth along a straight line parallel to the
front lot line at the minimum front setback line.
MEDICAL MARIJUANA
[Added 3-16-2017, effective 3-16-2017]
A.
CAREGIVER CULTIVATIONMarijuana cultivation for medical use only by a single registered caregiver cardholder, as defined by R.I.G.L. § 21-28.6.
B.
COMPASSION CENTERAs defined in R.I.G.L. § 21-28.6-3, a not-for-profit entity registered under R.I.G.L. § 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 or authorized purchaser.
C.
MARIJUANA CULTIVATION CENTERAny entity that, under state law, may acquire, possess, cultivate, manufacture, deliver, transfer, transport or supply marijuana, medical or otherwise, to a registered compassion center, or other entity authorized to dispense marijuana.
D.
MARIJUANA EMPORIUMAny retail or commercial establishment, or club, whether for-profit, nonprofit, or otherwise, at which the sale or use of marijuana, medical or otherwise, takes place. This shall include without limitation any so-called "vape lounge," or any other establishment at which marijuana, medical or otherwise, is consumed in vaporized form. This shall not include a compassion center or medical marijuana cultivation center regulated and licensed by the State of Rhode Island, as defined herein.
E.
MARIJUANA STOREAny 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.
F.
MARIJUANA TESTING PROVIDERAny entity that, under state law, may perform independent testing of marijuana or marijuana products, medical or otherwise.
G.
NONRESIDENTIAL COOPERATIVE CULTIVATIONA use of land located in a nonresidential zone, or of a building, or 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.
H.
RESIDENTIAL COOPERATIVE CULTIVATIONA 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 by R.I.G.L. § 21-28.6-3.
I.
PERSONAL MARIJUANA CULTIVATIONMarijuana cultivation by a single registered cardholder, as defined by 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. Please refer to §
350-58.1 for additional criteria for personal marijuana cultivation.
MERE INCONVENIENCE
A standard which is considered by the Zoning Board of Review
in applications for variances, pursuant to Title 45, Chapter 24-41
of the Rhode Island General Laws.
MICROBREWERY
An establishment where beer or malt beverages are made on
premises with a total production of 50,000 gallons per year or less.
A manufacturer's license to make alcoholic beverages in accordance
with R.I.G.L. § 3-6-1, as amended, is required.
[Added 1-16-2020; effective 1-16-2020]
MIXED USE
A mixture of land uses within a single development, building,
or tract.
MOBILE MEAT PROCESSING
The preparation of meat for human consumption using a United
States Department of Agriculture Food Safety and Inspection Service-inspected
mobile slaughter unit.
[Added 6-6-2019, effective 6-6-2019]
MODIFICATION
Permission granted and administered by the zoning enforcement
officer of the city or town, and pursuant to the provisions of this
chapter contained herein to grant a dimensional variance other than
lot area requirements from this chapter to a limited degree as determined
by this chapter, but not to exceed 25% of each of the applicable dimensional
requirements.
MOTEL
A structure or group of structures which provide sleeping
rental units for temporary occupancy, in which each rental unit has
a private entrance direct to the outside or a corridor and in which
each rental unit has its own sanitary facilities. Motels include motor
courts, tourist courts, cabins, motor lodges, and similar facilities.
MULTIPLE DWELLING or APARTMENT STRUCTURE
A residential building designed for or occupied by three
families or more, with the number of families in residence not to
exceed the number of dwelling units provided.
NONCONFORMANCE
A building, structure, or parcel of land, or use thereof,
lawfully existing at the time of the adoption or amendment of a zoning
ordinance and not in conformity with the provisions of such ordinance
or amendment. Nonconformance shall be of only two types:
A.
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 a zoning ordinance
shall be nonconforming by use; or
B.
Nonconforming by dimension: a 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 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.
NURSERY
A farm designed to grow and temporarily store plants that
will be purchased, installed and maintained at another site. May sell
accessory goods such as planters, soil, compost, and hand-held gardening
tools.
[Added 6-6-2019, effective 6-6-2019]
OVERLAY DISTRICT
A district established in a zoning ordinance 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.
PERFORMANCE STANDARDS
A set of criteria or limits relating to elements which a
particular use or process either must meet or may not exceed.
PERMITTED USE
A use by right which is specifically authorized in a particular
zoning district.
PICK-YOUR-OWN CROPS
Fee-based operations on farms that allow customers to harvest
farm products.
[Added 6-6-2019, effective 6-6-2019]
PLANNED DEVELOPMENT
A land development project, as defined herein, and developed
according to plan as a single entity and containing one or more structures
and/or uses with appurtenant common areas.
PREAPPLICATION CONFERENCE
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.
PRODUCT STAND
A freestanding structure or vehicle located upon a farm,
the principal use of which is the sale of agricultural products at
retail to the general public. A product stand shall not exceed 200
square feet.
[Added 6-6-2019, effective 6-6-2019]
PROFESSIONAL OFFICE
An occupation and office use to carry out professional activities
relating to an activity that properly involves a scientific or artistic
education or its equivalent and usually mental rather than manual
labor.
PUBLIC
As used in this chapter, refers to use and not ownership.
SERVICE STATION or FILLING STATION
A building or premises, or portion thereof, arranged, intended,
or designed to be used for the sale of gasoline or other motor vehicle,
airplane or motorboat fuel, oils and accessories for the use of motor
vehicles and the rendering of services such as lubrication, washing,
minor repairs with hand tools where such service facilities are incidental
to such principal filling station uses but not including body or fender
work or major repairs.
SETBACK LINE OR LINES
A line or lines parallel to a lot line at the minimum distance
of the required setback for the zoning district in which the lot is
located that establishes the area within which the principal structure
must be erected or placed.
SITE PLAN
The development plan for one or more lots on which is shown
the existing and/or the proposed conditions of the lot.
SOIL
Any naturally occurring unprocessed earth, sand, clay, loam,
gravel, humus, or similar loose earth product, including topsoil.
SMALL TOWER FACILITIES
Sometimes referred to as “low-intensity facilities.”
These facilities are considered to be 125 feet or less in height or
are designed to carry four or fewer telecommunications carriers.
SPECIAL USE
A regulated use which is permitted pursuant to the special
use permit issued by the authorized governmental entity, pursuant
to Title 45, Chapter 24-42 of the Rhode Island General Laws; formerly
referred to as a “special exception.”
STREET
Includes streets, avenues, highways, boulevards, parkways,
roads, lanes, alleys, and other public ways.
STREET LINE
A lot line separating a lot from an adjacent street.
STRUCTURE
A combination of materials to form a construction for use,
occupancy, or ornamentation, whether installed on, above, or below,
the surface of land or water.
SUBSTANDARD LOT OF RECORD
Any lot lawfully existing at the time of adoption or amendment
of this chapter and not in conformance with the dimensional and/or
area provisions of this chapter.
TATTOO PARLOR
An establishment in which tattooing is carried out professionally.
[Added 1-16-2020; effective 1-16-2020]
TOWER
Any structure constructed for the purpose of elevating and/or
supporting of antenna from ground level such as a lattice tower or
monopole.
TOWN
Shall refer to and be interpreted to mean the Town of Glocester.
TRAILER or MOBILE HOME
Any vehicle or similar portable structure designed and constructed
so as to permit the occupancy thereof as a dwelling by one or more
persons and so designed and constructed that it is or may be mounted
on wheels and used as a conveyance on a street or highway, propelled
or drawn by its own or other motive power.
USE
The purpose or activity for which land or buildings are designed,
arranged, or intended, or for which land or buildings are occupied
or maintained.
VARIANCE
Permission to depart from the literal requirements of this
chapter; an authorization for the construction or maintenance of a
building or structure, or for the establishment or maintenance of
a use of land, which is prohibited by this chapter. There shall be
only two categories of variance: a use variance or a dimensional variance.
A.
USE VARIANCEPermission to depart from the use requirements of this chapter where the applicant for the requested variance has shown by evidence upon the record that the subject land or structure cannot yield any beneficial use if it is to conform to the provisions of this chapter.
B.
DIMENSIONAL VARIANCEPermission to depart from the dimensional requirements of this chapter, 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.
WATERS
All surface waters, including all waters of the territorial
sea, tidewaters, all inland waters of any river, stream, brook, pond,
or lake, and wetlands.
WETLAND, FRESHWATER
Includes, but shall not be limited to, marshes; swamps; bogs;
ponds; rivers; river and stream floodplains and banks; areas subject
to flooding or storm flowage; emergent and submergent plant communities
in any body of fresh water, including rivers and streams and that
area of land within 50 feet of the edge of any bog, marsh, swamp or
pond.
WINERY
An establishment or facility that produces or manufactures
and bottles wine on the premises for sale. A manufacturer's license
to make alcoholic beverages in accordance with R.I.G.L. § 3-6-1.,
as amended, shall be required.
[Added 1-16-2020; effective 1-16-2020]
WIRELESS COMMUNICATIONS FACILITY (WCF)
An installation at one site that facilitates the provision
by one service provider of a personal wireless service as defined
by the Federal Telecommunications Act of 1996, as amended; the combination
of a complete set of equipment that facilitates the provision of wireless
services. Such equipment typically includes base station equipment,
and related hardware, antennas, interconnecting cables and antenna
supports (mounts).
YARD
An open space on the same lot with a principal building or
structure, unoccupied and unobstructed by a building or structures.
YARD, FRONT
The area between the street line and the minimum setback
line extending between side lot lines.
YARD, REAR
The area between the rear lot line and the minimum rear yard
setback line extending between side lot lines.
YARD, SIDE
A required yard extending from the rear of the required front
yard to the front of the rear yard.
ZONING CERTIFICATE
A document signed by the zoning enforcement officer, as required
in this chapter, which acknowledges that a use, structure, building
or lot either complies with or is legally nonconforming to the provisions
of this chapter or is an authorized variance or modification therefrom.
ZONING MAP
The map or maps which are a part of the zoning ordinance
and which delineate the boundaries of all mapped zoning districts
within the physical boundary of the Town.
ZONING ORDINANCE
An ordinance enacted by the legislative body of the Town
pursuant to Title 45, Chapter 24 of the Rhode Island General Laws
and in the manner providing for the adoption of ordinances in the
Town's home rule charter, which sets forth regulations and standards
relating to the nature and extent of uses of land and structures,
which is consistent with the Comprehensive Plan of the Town as defined
in Title 45, Chapter 22.2 of the Rhode Island General Laws, which
includes a Zoning Map, and which complies with the provisions of said
chapter.
ZONING USE DISTRICTS
The basic unit in zoning, either mapped or unmapped, to which
a uniform set of regulations applies, or a uniform set of regulations
for a specified use. The districts include, but are not limited to:
agricultural, commercial, industrial, institutional, open space, and
residential. Each district may include subdistricts. Districts may
be combined.