Where the following words or terms are used
in this chapter, they shall have the meanings defined in this article.
Words used in the singular shall include the plural and the plural
shall include the singular. Unless otherwise specified, all distances
shall be measured in feet and shall be measured parallel to the ground,
in any direction. Terms not defined in this chapter, shall have the
meaning 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 family dwelling unit in an owner-occupied, single-family
residence shall be permitted as a reasonable accommodation for family
members with disabilities or who are 62 years of ago or older. The
appearance of the structure shall remain that of a single-family residence
and there shall be an internal means of egress between the principal
unit and the accessory family dwelling unit. If possible, no additional
exterior entrances should be added. Where additional entrance is required,
placement should generally be in the rear or side of the structure.
When the structure is serviced by an individual sewage-disposal system,
the applicant shall have the existing or any new system approved by
the Department of Environmental Management. The Zoning-Enforcement
Officer shall require that a declaration of the accessory family dwelling
unit for the family member, or members, and its restrictions be recorded
in the land-evidence records and filed with the Zoning-Enforcement
Officer and the Building Official. Once the family member, or members,
with disabilities or who are 62 years of ago or older, no longer reside(s)
in the premises on a permanent basis, or the title is transferred,
the property owner shall notify the Zoning Official in writing, and
the accessory family dwelling unit shall no longer be permitted, unless
there is a subsequent valid application.
[Amended 2-20-2018 by Ord. No. 2017-3]
A.
When used in this definition, the terms "people with disabilities"
or "member or members with disabilities" means a person(s) who has
a physical or mental impairment that substantially limits one or more
major life activities, as defined in R.I.G.L. § 42-87-1(7).
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 is restricted to the same lot as the principal use.
An accessory use shall not be permitted without the principal use
to which it is related.
ADAPTIVE REUSE
The conversion of an existing structure from the use for
which it was constructed to a new use by maintaining the elements
of the structure and adapting such elements to a new use.
[Amended 11-21-2023 by Ord. No. 2023-08]
AFFORDABLE HOUSING
Residential housing that has a sales price or rental amount
that is within the means of a household that is moderate income or
less. In the case of dwelling units for sale, housing that is affordable
means housing in which principal, interest, taxes, which may be adjusted
by state and local programs for property tax relief, and insurance
constitute no more than 30% of the gross household income for a household
with less than 120% of area median income, adjusted for family size.
In the case of dwelling units for rent, housing that is affordable
means housing for which the rent, heat, and utilities other than telephone
constitute no more than 30% of the gross annual household income for
a household with 80% or less of area median income, adjusted for family
size. Affordable housing shall include all types of year-round housing,
including, but not limited to, manufactured housing, housing originally
constructed for workers and their families, accessory dwelling units,
housing accepting rental vouchers and/or tenant-based certificates
under Section 8 of the United States Housing Act of 1937, as amended,
and assisted living housing, where the sales or rental amount of such
housing, adjusted for any federal, state, or municipal government
subsidy, is less than or equal to 30% of the gross household income
of the low- and/or moderate income occupants of the housing.
AGGRIEVED PARTY
An aggrieved party, for purposes of this chapter, shall be
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 the Zoning Ordinance of a city or town;
or anyone requiring notice pursuant to this chapter, or R.I.G.L. § 45-24-53.
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.
AIRPORT HAZARD
As defined in R.I.G.L. § 1-3-2, "airport hazard"
means any electronic transmission device or structure, which, as determined
by the Federal Aviation Administration, interferes with radio communication
between airport and aircraft approaching or leaving the airport, or
any structure or tree or use of land which obstructs the airspace
required for the flight of aircraft in landing or taking off at any
airport or is otherwise hazardous to the landing or taking off of
aircraft.
AIR-SUPPORTED STRUCTURE
A temporary or permanent structure made from a membrane-like
fabric either fully or partially supported by air pressure. An air-supported
structure typically has cable restraints; anchoring supports; primary
blowers; and/or backup inflation units. Air-supported structures are
generally used for warehouse or indoor commercial recreational purposes.
(Also known as air-inflated structures, air domes, or membrane structures.)
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.
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 the grade plane to the top of the highest point on the roof. This highest point excludes spires, chimneys, flagpoles, and the like, which are regulated in §
260-28. The grade plane represents the average of finished ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, when the lot line is more than six feet away from the building, between the building and a point six feet from the building.
CAPACITY or LAND CAPACITY
The suitability of the land, as defined by geology, soil
conditions, topography, and water resources, to support its development
for uses such as residential, commercial, industrial, open space,
or recreation. Land capacity may be modified by provision of facilities
and services.
CARDHOLDER
A natural person who has been registered or licensed with
the Department of Health or the Department of Business Regulation
pursuant to § 21-28.6 of the Rhode Island General Laws and
possesses a valid registry identification card or license.
[Added 2-18-2020 by Ord. No. 2019-11]
CAREGIVER CULTIVATION
Marijuana cultivation for medical use only by a single registered
caregiver cardholder, as defined in R.I.G.L. § 21-28.6.
[Added 2-18-2020 by Ord. No. 2019-11]
CERTIFICATE OF COMPLETENESS
A certificate issued by the Zoning Enforcement Officer indicating
that a submitted application is complete.
COASTAL FEATURES
As defined in Chapter 23 of Title 46 of the Rhode Island
General Laws.
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, or any 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 children or adults with intellectual disabilities 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;
[Amended 7-26-2022 by Ord. No. 2022-4]
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.
COMPASSION CENTER
A not-for-profit corporation subject to the provisions of
R.I.G.L. Chapter 7-6, and registered under R.I.G.L. § 21-28.6-12
that acquires, possesses, 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 pursuant to regulations promulgated by the
Department of Business Regulation.
[Added 11-24-2015 by Ord. No. 2015-08; amended 2-18-2020 by Ord. No. 2019-11]
COMPASSION CENTER CARDHOLDER
A principal officer, board member, employee, volunteer, or
agent of a compassion center who has registered with the Department
of Business Regulation and has been issued and possesses a valid registry
identification card.
[Added 2-18-2020 by Ord. No. 2019-11]
COMPREHENSIVE PLAN
The Comprehensive Plan adopted and approved pursuant to Chapter
22.2 of Title 45 of the Rhode Island General Laws.
CONDOMINIUM ASSOCIATION
A community association combining individual home ownership
with shared use or ownership of common property and facilities organized
in accordance with Rhode Island General Laws.
DAY CARE; FAMILY DAY-CARE HOME
Any home other than the individual's home in which day care
in lieu of parental care or supervision is offered at the same time
to six or fewer individuals who are not relatives of the caregiver,
but may not contain more than a total of eight individuals receiving
day care.
DAYS
Calendar days; unless otherwise revised by law.
DEMOLITION
An act or process that destroys a structure in part or whole.
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.
DRAINAGE SYSTEM
A system for the removal of water from land by drains, grading,
or other appropriate means. These techniques may include runoff controls
to minimize erosion and sedimentation during and after construction
or development, the means for preserving surface and groundwaters,
and the prevention and/or alleviation of flooding.
DWELLING UNIT
A structure or portion thereof providing complete, independent
living facilities for one or more persons, including permanent provisions
for living, sleeping, eating, cooking, and sanitation, and containing
a separate means of ingress and egress.
ESTATE LOT
A large privately owned lot composing all or part of an area
of open land.
EXTRACTIVE INDUSTRY
Any industry or business engaged in 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
floatation; 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."
FEDERALLY INSURED OR ASSISTED HOUSING
A.
Low-income housing units insured or assisted
under Sections 221(d)(3) and 236 of the National Housing Act (12 U.S.C.
§ 1701 et seq.).
B.
Low-income housing units produced with assistance
under Section 8 of the US Housing Act of 1937 (42 U.S.C. § 1401
et seq.); and
C.
Rural low-income housing financed under Section
515 of the Housing Act of 1949 (12 U.S.C. § 1715Z).
FLOATING ZONE
An unmapped zoning district adopted within this 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
As defined in R.I.G.L. § 45-22.2-4, an area that
has a one-percent or greater chance of inundation in any given year,
as delineated by the Federal Emergency Agency pursuant to the National
Flood Insurance Act of 1968, as amended (P.L. 90-448), 42 U.S.C. § 4011
et seq.
GROSS FLOOR AREA
See the Rhode Island Building Code. The floor area within
the perimeter of the outside walls of a building without deduction
for hallways, stairs, closets, thickness of walls, columns or other
features.
GROUNDWATER
"Groundwater" and associated terms, as defined in R.I.G.L.
§ 46-13.1-3. Water found underground which completely fills
the open spaces between particles of sand, gravel, clay, silt, and
consolidated rock fractures. The zone of materials filled with groundwater
is called the "zone of saturation."
HALFWAY 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.
HISTORIC DISTRICT or HISTORIC SITE
As defined in R.I.G.L. § 45-22.2-4, one or more
historic sites and intervening or surrounding property significantly
affecting or affected by the quality and character of the historic
site or sites, and has been registered, or is deemed eligible to be
included, on the State Register of Historical Places pursuant to R.I.G.L.
§ 42-45-5. "Historic site" means any real property, man-made
structure, natural object, or configuration or any portion or group
of the foregoing which has been registered, or is deemed eligible
to be included, on the State Register of Historic Places pursuant
to R.I.G.L. § 42-45-5.
HOME OCCUPATION
Any activity customarily carried out for gain by a resident,
conducted as an accessory use in the resident's dwelling unit.
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 three or fewer unrelated
persons living together.
INFEASIBLE
Any condition brought about by any single factor or combination
of factors, as a result of limitations imposed on the development
by conditions attached to the approval of the comprehensive permit,
to the extent that it makes it impossible for a public agency, nonprofit
organization, or limited equity housing cooperative to proceed in
building or operating low- or moderate-income housing without financial
loss, within the limitations set by the subsidizing agency of government,
on the size or character of the development, on the amount or nature
of the subsidy, or on the tenants, rentals, and income permissible,
and without substantially changing the rent levels and unit sizes
proposed by the public agency, nonprofit organization, or limited
equity housing cooperative.
INFRASTRUCTURE
Facilities and services needed to sustain residential, commercial,
industrial, institutional, and other activities.
LAND DEVELOPMENT PROJECT
A project in which one or more lots, tracts, or parcels of
land are to be developed or redeveloped as a coordinated site for
a complex of uses, units, or structures, including, but not limited
to, planned development and/or residential, commercial, institutional,
recreational, open space, and/or mixed uses as may be provided for
in this Zoning Chapter.
LICENSED CULTIVATOR
Aperson, or entity as identified in R.I.G.L. § 43-3-6,
who has been licensed by the Department of Business Regulation to
cultivate marijuana pursuant to R.I.G.L. § 21-28.6-16.
[Added 2-18-2020 by Ord. No. 2019-11]
LICENSED MANUFACTURER
A person, or entity as identified in R.I.G.L. § 43-3-6,
who has been licensed by the Department of Business Regulation to
manufacture and/or process marijuana products pursuant to R.I.G.L.
§ 21-28.6-16.
[Added 2-18-2020 by Ord. No. 2019-11]
LOT
Either:
A.
The basic development unit for determination
of lot area, depth, and other dimensional regulations of a parcel
of land; 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, reported in square feet.
LOT BUILDING COVERAGE
That portion of the lot that is or may be covered by buildings,
accessory buildings, and pools.
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 contiguous portion of a lot abutting a street right-of-way,
even if it extends along more than one street right-of-way.
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. In the case of a lot fronting on more than one street, the lot line with the shortest frontage on a street shall be the front lot line and meet dimensional requirements of a corner lot.
B.
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.
C.
SIDEAny lot line other than a front or rear lot line (maximum of two side lot lines per lot).
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 EMPORIUM
Any establishment, or club, whether for-profit or any commercial
unit or other premises as further defined through regulations promulgated
by the Department of Business Regulation, at which the sale, distribution,
transfer or use of medical marijuana, medical marijuana products is
proposed and/or occurs to, by or among registered patients, registered
caregivers, authorized purchaser cardholder or other persons as further
defined through regulations promulgated by the Department of Business
Regulation. This shall not include a "compassion center" regulated
and licensed by the State of Rhode Island, as defined herein.
[Added 2-18-2020 by Ord. No. 2019-11]
MIXED USE
A mixture of land uses within a single development, building,
or tract.
NONCONFORMANCE
A.
Building, structure, or parcel of land, or use
thereof, lawfully existing at the time of the adoption or amendment
of this Zoning Chapter and not in conformity with the provisions of
such ordinance or amendment.
B.
Nonconformance shall be of only two types:
(1)
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 Zoning Chapter shall be nonconforming by use; or
(2)
NONCONFORMING BY DIMENSIONA building, structure, or parcel of land not in compliance with the dimensional regulations of this Zoning Chapter. Dimensional regulations include all regulations of this Zoning Chapter, other than those pertaining to the permitted uses.
C.
A building or structure containing more dwelling
units than are permitted by the use regulations of this Zoning 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.
NONRESIDENTIAL COOPERATIVE CULTIVATION
Two or more cardholders who cooperatively cultivate marijuana
in a nonresidential zoning district subject to the restrictions set
forth in R.I.G.L. § 21-28.6-14.
[Added 11-24-2015 by Ord. No. 2015-08; amended 2-18-2020 by Ord. No. 2019-11]
OPEN SPACE
Any parcel or area of land or water set aside, dedicated,
designated, or reserved for public or private use or enjoyment or
for the use and enjoyment of owners and occupants of land adjoining
or neighboring 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 designated to be incidental to the
natural openness of the land.
OVERLAY DISTRICT
A district established in this Zoning Chapter that is superimposed
on one or more districts or parts of districts and that imposes specified
requirements more or less restrictive than those in the underlying
zone.
[Amended 6-18-2013 by Ord. No. 2013-4]
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.
PERSON
An individual, corporation, association or partnership, or
other legal entity.
PERSONAL MARIJUANA CULTIVATION
Marijuana cultivation by a single registered patient cardholder
for medical use only, as defined in R.I.G.L. Chapter 21-28.6-3.
[Added 11-24-2015 by Ord. No. 2015-08; amended 2-18-2020 by Ord. No. 2019-11]
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.
PLANNING BOARD OR COMMISSION
The body established by the Town Council which has the responsibility
to prepare a Comprehensive Plan and make recommendations concerning
that plan to the Town Council.
POLITICAL SIGN
Any sign urging the election or defeat of any candidate seeking
public office, election as an official in a private organization,
or urging the passage or defeat of any ballot measure.
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.
RECLAMATION FACILITY
A facility that is not a junkyard and in which recoverable
resources such as automobile parts and engine parts are collected,
stored, dismantled, and salvaged, essentially by machine operation
within a completely enclosed building.
RECYCLING FACILITY
A facility that is not a junkyard and in which recoverable
resources, such as newspapers, glassware, plastic containers, and
metal cans, are collected, stored, flattened, crushed, or bundled,
essentially by hand within a completely enclosed building.
RESIDENTIAL COOPERATIVE CULTIVATION
Two or more cardholders who cooperatively cultivate marijuana
in a residential zoning district subject to the restrictions set forth
in R.I.G.L. § 21-28.6-14.
[Added 11-24-2015 by Ord. No. 2015-08; amended 2-18-2020 by Ord. No. 2019-11]
SETBACK LINE OR LINES
A line 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, or
accessory structures over 500 square feet, must be erected or placed.
SPECIAL USE
A regulated use which is permitted pursuant to the special use permit issued by the Zoning Board of Review, Article
XI, Special Use Permits. Formerly referred to as a "special exception."
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 Zoning Chapter and not in conformance with the dimensional
and/or area provisions of this chapter.
TEMPORARY STRUCTURE(S)
Includes but is not limited to; truck bodies, container boxes,
and plastic, metal, or wood-sheathed structures without plumbing.
TOWN
Unless otherwise specified, is the Town of Lincoln, Rhode
Island.
USE
The purpose or activity for which land or buildings are designed,
arranged, or intended, or for which land or buildings are occupied
or maintained.
VARIANCE
Permission to depart from the literal requirements of this
Zoning 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 Zoning Chapter. There
shall be only two categories of variance, a use variance or a dimensional
variance.
[Amended 9-17-2013 by Ord. No. 2013-5]
A.
USE VARIANCEPermission to depart from the use requirements of this Zoning 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 Zoning Chapter.
B.
DIMENSIONAL VARIANCEPermission to depart from the dimensional requirements of this Zoning 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 the primary or sole grounds for relief. The Zoning Enforcement Officer shall have authority to administratively approve modifications from the dimensional requirements of this Zoning Chapter for structures, except for maximum height of building, provided the deviation is not more 10%; refer to Article
XV, § 260-74D.
WATERS
As defined in R.I.G.L. § 46-12-1, "waters" shall
include all surface waters including all waters of the territorial
sea, tidewaters, all inland waters of any river, stream, brook, pond,
or lake, and wetlands, as well as all groundwaters.
WETLANDS, FRESHWATER
As defined in R.I.G.L. § 2-1-20, "freshwater wetlands"
includes but is not 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.
WIND ENERGY CONVERSION FACILITY
All equipment, machinery, and structures utilized in connection
with the conversion of wind to electricity by a commercial entity.
This includes but is not limited to towers, transmission, storage,
collection and supply equipment, substations, transformers, service
and access roads, and one or more wind turbines.
[Added 11-24-2009 by Ord. No. 2009-14]
WIND TURBINE
A device that converts kinetic wind energy into rotational
energy that drives an electric generator. A wind turbine typically
consists of a tower, nacelle body, and a rotor with two or more blades.
Wind turbines affixed to a residential, educational or governmental
facility for the purpose of generating electric power for that facility
shall be exempt from the provisions of this chapter.
[Added 11-24-2009 by Ord. No. 2009-14]
ZONING
The reservation of certain specified areas within a community
or city for building and structures, or use of land, for certain purposes
with other limitations such as height, lot coverage, and other stipulated
requirements.
ZONING CERTIFICATE
A document signed by the Zoning Enforcement Officer, as required
in this Zoning Chapter, which acknowledges that a use, structure,
building or lot either complies with or is legally nonconforming to
the provisions of this Zoning Chapter or is an authorized variance
therefrom.
ZONING MAP
The map or maps which are a part of the Zoning Chapter and
which delineate the boundaries of all mapped zoning districts within
the physical boundary of the Town.
ZONING ORDINANCE
An ordinance enacted by the Town Council pursuant to Chapter
24 in Title 45 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, which includes a Zoning Map, and which complies with the provisions of this 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. Each district may include subdistricts. Districts
may be combined. The Town of Lincoln Zoning Districts are defined
as follows:
A.
Residential districts.
(1)
RA-40, Residential Agricultural. The Residential
Agricultural District is established to promote low-density residential
growth in areas which were historically used for agriculture and/or
have natural limitations for development.
(2)
RS-20, Residential Single-Family. This residential
single-family district is established to promote low- to moderate-density
single-family residential areas throughout the Town.
(3)
RS-12, Residential Single-Family. This residential
single-family district is established to promote moderate- to high-density
single-family residential areas throughout the Town.
(4)
RL-9, Residential Limited. The Residential Limited
District is established to promote moderate- to high-density single-family
and two-family residential areas throughout the Town.
(5)
RG-7, Residential General. The Residential General
District is established to promote high-density single-family, two-family,
and multifamily residential areas in appropriate locations throughout
the Town.
B.
Business districts.
(1)
BL-0.5, Business Limited. The Business Limited
District is created to provide areas for commercial activities that
depend upon a vehicular traffic and serve the daily shopping needs
of the community.
C.
Manufacturing districts.
(1)
ML-0.5, Manufacturing Limited. The Manufacturing
Limited District is established to provide opportunities for light
manufacturing and industrial uses such as assembly, storage and related
activities which are of a less intensive nature than those allowed
in the Manufacturing General District. Office use and related services,
as they directly relate to the light manufacturing and industrial
uses, are allowed in this district.
(2)
MG-0.5, Manufacturing General. The manufacturing
general district is established to provide opportunities for a wide
array of manufacturing and industrial activities. The intent is to
concentrate these activities in areas where minimal infringement upon
the character of established residential areas will result. Office
use and related services, as they directly relate to the manufacturing
and industrial uses, are allowed in this district.
D.
Commercial recreation districts.
(1)
CR-1, Commercial Recreation. The Commercial
Recreation District is established to provide opportunities for a
wide array of outdoor recreational and open space activities in appropriate
locations within the Town (less restrictive).
(2)
CR-2, Commercial Recreation. The Commercial
Recreation District is established to provide opportunities for a
wide array of recreational facilities and open space activities in
appropriate locations within the Town. Refer to Town of Lincoln Ordinance
01-7.
E.
Village commercial mixed use districts.
(1)
VCMU, Village Commercial Mixed Use. The Village
Commercial Mixed Use District is established to promote small-scale
business and residential uses consistent with the pedestrian characteristics
that exist and which the Town wishes to maintain and which are unique
to the village areas of Lincoln. The VCMU will provide flexibility
in the use of a property and will provide development appropriate
for the villages and surrounding areas.