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 STRUCTURE
A structure containing an accessory use, or is itself an accessory use.
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; DAY-CARE CENTER
Any other day-care center which is not a family day-care home.
DAY CARE; FAMILY DAY-CARE HOME
Any home other than the individual's home in which day care in lieu of parental care or supervision is offered at the same time to six or fewer individuals who are not relatives of the 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.
DENSITY, RESIDENTIAL
The number of dwelling units per unit of land.
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.
DISTRICT
See "zoning use district."
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.
HARDSHIP
See Article X, Variances.
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.[1]
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]
MERE INCONVENIENCE
See Article X, Variances § 260-65.
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 ENERGY CONVERSION FACILITY HEIGHT or WIND FACILITY HEIGHT
The height of a wind turbine measured from predevelopment grade to the tip of the rotor blade at its highest point or blade-tip height.
[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.[2]
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.
[1]
Editor's Note: The former definition of "marijuana store, added 11-24-2015 by Ord. No. 2015-08, which immediately followed this definition, was repealed 2-18-2020 by Ord. No. 2019-11].
[2]
Editor's Note: The Zoning Map is on file in the Town offices.