Definitions

244 defined terms in the adopted ordinance. A defined term carries this meaning wherever it appears in the text.

A

ABANDONMENT § 260-6.2

Abandonment of a nonconforming use shall consist of some overt act, or failure to act, which would lead one to believe that the owner of the nonconforming use neither claims nor retains any interest in continuing the nonconforming use unless the owner can demonstrate an intent not to abandon the use. An involuntary interruption of a nonconforming use, such as by fire and natural catastrophe, does not establish the intent to abandon the nonconforming use. However, if any nonconforming use is halted for a period of one year, the owner of the nonconforming use will be presumed to have abandoned the nonconforming use, unless that presumption is rebutted by the presentation of sufficient evidence of intent not to abandon the use.

ABUTTER § 260-6.1

One whose property abuts, that is, adjoins at a border, boundary or point, with no intervening land.

ACCESSORIES § 260-57.1

Features other than primary structures which contribute to the exterior appearance of a property, including but not limited to signage, doors, windows, materials, decorative features, fences and trim detail, whether or not a building permit is required for the alteration. Landscape features considered as accessories shall be limited to stone walls.

ACCESSORY APARTMENT § 260-6.3

A second dwelling unit either in or added to an existing single-family detached dwelling for use as a complete, independent living facility. The accessory apartment provides for separate cooking, eating, sanitation and sleeping facilities with a separate means of egress from the primary dwelling unit.

ACCESSORY FAMILY DWELLING UNIT § 260-6.4

An accessory dwelling unit for the sole use of one or more members of the family of the occupant or occupants of the principal residence, but need not have a separate means of ingress and egress. (Yearly certification by the Building Official is required.)

ACCESSORY SOLAR SYSTEM INSTALLATION § 260-120.1

Any ground-mounted solar energy system installation that does not qualify as either a major system installation or minor system installation, is designed to primarily service the property on which the solar installation is located, and the output does not exceed 25kW.

ACCESSORY STRUCTURE § 260-6.5

A structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use.

ACCESSORY USE § 260-6.6

A use of land or of a building, or portion thereof, customarily incidental and subordinate to the principal use of the land or building. Such accessory use is restricted to the same lot as the principal use. Such accessory use shall not be permitted without the principal use to which it is related.

ADAPTIVE REUSE § 260-6.7

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. NOTE: R.I.G.L. § 42-64.22-2 defines the term "adaptive reuse." This definition was added to § 45-24-31 as part of the amendments to the enabling legislation.

AGGRIEVED PARTY § 260-6.8

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. B. Anyone requiring notice pursuant to this chapter.

ALTERATION § 260-6.9

Any change, addition or modification in construction or occupancy of an existing structure.

ALTERATION § 260-57.2

Any act that changes one or more of the architectural features or its accessories, including but not limited to the erection, installation, construction, reconstruction, relocation or removal of any structure/accessory.

ALTERATION, SIGN § 260-27.1

Any change to the sign display.

AMUSEMENT GAMES § 260-6.10

See "electronic amusement games."

ANIMATED SIGN § 260-27.2

Any sign that uses movement or the visual impression of movement, sound or change of lighting to depict action or create a special effect and/or scene. Such signs include but are not limited to those that give the impression of flashing, running, blinking, oscillating, twinkling, scintillating, expanding or contracting.

ANTENNA § 260-69.1

Any exterior transmitting or receiving device mounted in or on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

APPLICANT § 260-6.11

An owner or authorized agent of the owner submitting an application or appealing an action of any official, board or agency.

APPLICATION § 260-6.12

The completed form or forms and all accompanying documents, exhibits and fees required of an applicant by the Town of East Greenwich Planning Director for development review, approval or permitting purposes.

APPROPRIATE § 260-57.3

For the purpose of this article and the certificate of appropriateness, the term "appropriate" shall mean not incompatible with those aspects deemed by the Commission as historically, architecturally or archaeologically significant for the structure, accessories, stone walls, neighborhood or district in which the review is made.

ASSISTED LIVING § 260-6.13

A residential facility for four or more elderly persons, within which is provided living and sleeping facilities, meal preparation and laundry and room cleaning services. Such facilities may provide for the transitional residency of elderly persons progressing from independent living to assisted living, including the care of memory-impaired individuals where residents share common meals and may also include the provision of other services such as transportation for routine services.

AUTOMOBILE GAS/SERVICE STATION § 260-6.15

Any building, land area or other premises, or portions thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels; and including as an accessory use the sale and installation of lubricants, tires, batteries and similar accessories; automotive and truck repair, rental, leasing and parking service to the general public. Further accessory and clearly secondary activities may include minor automobile repair and maintenance, car wash service and the sale of food and other convenience items.

AUTOMOBILE REPAIR FACILITY § 260-6.16

An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and/or similar equipment, including paint, body and fender, brake and muffler, engines, batteries, tires and transmission, provided the activities are conducted within a completely enclosed building.

AUTOMOBILE SALES § 260-6.14

The use of any building, land area and other premises for the display and sale of new or used automobiles, panel trucks, vans, trailers or recreation vehicles and including any warranty or repair work and other repair conducted as an accessory use.

AWNING § 260-27.3

Any temporary or retractable covering or shelter which is supported entirely by the exterior wall of a building. (See also "canopy sign.")

AWNING SIGN § 260-27.4

See "canopy sign."

B

BACK-LIT SIGN § 260-27.5

See "internally illuminated sign."

BALLOON § 260-27.6

Any object and/or sign filled with helium or other gas used to expand its shape and/or form.

BANNER § 260-27.7

Any sign of fabric or similar material that is mounted to a pole, building or other structural support.

BED-AND-BREAKFAST HOME § 260-6.17

An owner-occupied single-family house where short-term lodging rooms (guest rooms), with or without breakfast, are provided for compensation.

BED-AND-BREAKFAST USE § 260-6.18

A portion of an owner-occupied single-family house dedicated solely to the bed-and-breakfast home operation, including, but not limited to, short-term lodging rooms (guest rooms), bathrooms and common areas.

BILLBOARDS § 260-27.8

Any off-premises sign exceeding 15 square feet in area.

BOARDING § 260-6.20

The keeping of animals other than your own for purposes of compensation.

BRACKET § 260-27.9

The device used to attach and support a sign face to a building or freestanding structure.

BREWERY § 260-6.21

An establishment where beer or other malt beverages are made on the premises. There are three categories of breweries in East Greenwich: large breweries, microbreweries and farm breweries. A manufacturer's license to make alcoholic beverages under R.I.G.L. § 3-6-1 shall be required and such establishments must meet all local dimensional and parking regulations per Article VI and Table 2 of the Town's Zoning Code.

BREWPUB § 260-6.22

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.

BUFFER § 260-6.19

Land which is maintained in either a natural or landscaped state and is used to screen and/or mitigate the impacts of development on surrounding areas, properties or rights-of-way. A buffer may also include opaque fencing, provided the fencing is adequate to prevent noise, glare and similar impacts from affecting surrounding property. Impervious or pervious areas used for parking shall not be considered buffers.

BUILDING § 260-6.23

Any structure used or intended for supporting or sheltering any use or occupancy.

BUILDING ENVELOPE § 260-6.24

The three-dimensional space within which a structure is permitted to be built on a lot and which is defined by regulations governing building setbacks, maximum height, bulk or other regulations, and/or any combination thereof.

BUILDING HEIGHT § 260-6.25

For a vacant parcel of land, building height shall be measured from the average, existing-grade elevation where the foundation of the structure is proposed. For an existing structure, building height shall be measured from average grade taken from the outermost four corners of the existing foundation. In all cases, building height shall be measured to the top of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, chimneys, flagpoles, and the like. For any property or structure located in a special flood hazard area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMS), building height shall be measured from base flood elevation, and where freeboard, as defined in this section, is being utilized or proposed, such freeboard area, not to exceed five feet, shall be excluded from the building height calculation; provided, however, that the Rhode Island Coastal Resources Management Council design elevation maps may be used by an owner or applicant to establish a base flood elevation for a property that is higher than the official FEMA FIRMS.

BUILDING MARKER § 260-27.10

Any sign indicating the name of a building and/or date and/or incidental information about its history or construction, which sign is incombustible material and is attached parallel to the surface of the building. Building markers may not exceed four square feet in area.

BUILDING-INTEGRATED SYSTEM § 260-120.2

A solar energy system that is constructed as an integral part of a principal or accessory building or structure and where the building-integrated system features maintain a uniform profile or surface of vertical walls, window openings and roofing. Such a system is used in lieu of a separate mechanical device replacing or substituting for an architectural or structural component of the building or structure that appends or interrupts the uniform surfaces of walls, window openings and roofing. A building-integrated system may occur within vertical facades replacing view glass, spandrel glass or other facade material into semitransparent skylight systems, into roofing systems replacing traditional roofing materials or other building or structure envelope systems.

BUILDING-MOUNTED SYSTEM § 260-120.3

A solar energy system that has its electricity-generating solar panels attached to any part or type of roof on a building or structure that has an occupancy permit on file with the municipality and that is either the principal structure or an accessory structure on a recorded parcel. This system also includes any solar-based architectural elements and building-integrated systems.

BULLETIN BOARD § 260-27.11

A board or wall area on which bulletins, notices or displays are temporarily posted. Such signs may not exceed five square feet in area for public, charitable or religious institutions when located upon the premises of said institutions.

C

CANOPY § 260-27.12

A roof-like projection or portico over a door, entrance, window or outdoor service area, including but not limited to industry-standard gas station roofs independent of an enclosed structure. Such projections shall provide at least eight-foot clearance to grade from the bottom edge of the canopy.

CANOPY SIGN § 260-27.13

Any sign that is part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area. (A marquee is not a canopy sign.) Where canopy signs are permitted, they shall be allowed in lieu of wall signs. The maximum width of the area of sign display shall be 70% of the linear frontage associated with the business. The maximum height of the sign display shall be 36 inches. A canopy sign shall not be lit from underneath or behind. A canopy sign shall provide at least eight-foot clearance to grade from the bottom edge of the canopy.

CAPACITY OCCUPANCY § 260-6.27

For places of public assembly, the following maximum capacities shall apply based on net floor area designated to the public: | Fixed seats | 1 person per 15 net square feet | Without fixed seats | 1 person per 7 net square feet | Standing room | 1 person per 3 net square feet | Tables and chairs | 1 person per 15 square feet | Bars | 1 person per 18 linear inches | Booths | 1 person per 24 linear inches

CAPACITY OF LAND § 260-6.26

The ability of the land, as defined by geology, soil conditions, topography and water resources, to support proposed development. Land capacity may be modified by provision of facilities and services.

CERTIFICATE OF APPROPRIATENESS § 260-57.4

A certificate issued by the East Greenwich Historic District Commission as established under this article indicating approval of an application for an alteration, construction, repair, removal or demolition of a structure or accessories of a structure within a historic district or an outlying property as identified under this article. Also referred to as "certificate."

CLUSTER § 260-6.28

A site planning technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space and/or preservation of environmentally, historically or other sensitive features and/or structures. The techniques used to concentrate buildings shall be specified in the ordinance and may include, but are not limited to, reduction in lot areas, setback requirements and/or bulk requirements, with the resultant open land being devoted by deed restrictions for one or more uses. Under cluster development there is no increase in the number of lots that would be permitted under conventional development except where ordinance provisions include incentive bonuses for certain types or conditions of development.

COMMERCIAL MESSAGE § 260-27.14

Any sign wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.

COMMERCIAL PARKING LOT § 260-6.29

A parking area privately owned and operated.

COMMERCIAL RECREATION § 260-6.30

Amusement businesses, including, but not limited to, driving ranges, batting cages, go-carts and miniature golf.

COMMISSION § 260-57.5

The East Greenwich Historic District Commission as established under the provisions of the Charter, Part 4, Administration, and the Code of Ordinances of the Town of East Greenwich.

COMMON OPEN SPACE § 260-6.31

Land within or related to a cluster which is prohibited from development as identified in § 260-43D of this chapter. This land is designed and intended for the common use or enjoyment of the residents of the cluster subdivision of which it is a part. The common open space may include complementary structures that are necessary and/or appropriate as determined by this chapter.

COMMON OWNERSHIP § 260-6.32

Either: 1) ownership by one or more individuals or entities in any form of ownership of two or more contiguous lots; or 2) ownership by any association (such ownership may also include a municipality) of one or more lots under specific development techniques.

COMMUNITY RESIDENCE § 260-6.33

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. Wherever six or fewer children or adults with intellectual and/or developmental disabilities reside in any type of residence in the community, as licensed by the state pursuant to Chapter 40.1-24 of Rhode Island General Laws. All requirements pertaining to local zoning are waived for these community residences by Rhode Island General Law. 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 40.1-24. 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 42-72.1. 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 such residence not less than 60 days nor more than two years. Residents will have access to and use of all common areas, including eating areas and living rooms, and will receive appropriate social services for the purpose of fostering independence, self-sufficiency and eventual transition to a permanent living situation.

COMPASSION CENTER § 260-6.34

As defined in R.I.G.L. § 21-28.6-3, a not-for-profit corporation, subject to the provisions of Chapter 6 of Title 7, and registered under § 21-28.6-12, that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies or dispenses marijuana, and/or related supplies and educational materials, to patient cardholders and/or their registered caregiver cardholder, who have designated it as one of their primary caregivers.

COMPREHENSIVE COMMUNITY PLAN § 260-6.35

The Comprehensive Community Plan of East Greenwich, as may be amended, adopted and approved pursuant to Chapter 45-22.2 of the Rhode Island General Laws (R.I.G.L.) and to which any zoning adopted pursuant to Chapter 45-24 shall be in compliance.

CONSTRUCTION § 260-57.6

The act of adding to an existing structure, erecting a new structure or adding accessories onto a structure, including but not limited to buildings, extensions, outbuildings and fire escapes.

CONSTRUCTION SIGN § 260-27.15

Any sign whose purpose is to display the name of the contractor and/or subcontractors employed on a work site and/or the consultants and/or financial institutions participating in the project. Such signs shall be either freestanding or attached to the structure and shall not exceed 12 square feet in residential zones or 30 square feet in all other zones. Such signs shall be temporary in nature and shall be removed upon completion of construction. Such signs shall not be erected until building permits for the relevant project are pulled. This definition does not include signs located on the premises of the general offices of a contractor.

CONVENIENCE STORE § 260-6.36

A retail operation for the sale of prepackaged goods, reading material, nonprescription drugs, and some food items.

CRAFT DISTILLERY § 260-6.37

A commercial establishment duly operating with a manufacturer' s license issued by the State of Rhode Island per RIGL § 3-6-1 wherein potable alcoholic liquors obtained by the process of distillation are made and sold. The distillation process shall take place wholly inside a building and shall result in products for sale that may include but not be limited to whiskey, vodka, rum and gin but which shall expressly exclude fermented and malted liquors like beer or wine. Craft distilleries (as distinguished from large distilleries or micro-distilleries) shall produce greater than 20,000 but less than 50,000 gallons of liquor per year. Distilleries producing greater than 50,000 gallons of liquor per year are not permitted. All provisions of § 260-24 of this Zoning Code, Off-street storage and loading, shall apply, and no greater than 30% of total gross floor area associated with the distillery can be devoted to tasting room or direct-to-consumer sales. DAY CARE; DAY-CARE CENTER — Any other child day-care center which is not a family day-care home and is appropriately licensed by the State of Rhode Island.

D

DEMOLITION § 260-57.7

An act or process that destroys a structure and/or its accessories in whole or in part.

DENSITY, RESIDENTIAL § 260-6.38

The number of dwelling units per unit of land.

DEVELOPMENT § 260-6.39

The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure. This definition shall also include any mining, excavation, landfill or land disturbance activity, any change in use, or alteration or extension of the use of land.

DEVELOPMENT PLAN REVIEW § 260-6.40

The process whereby authorized local officials review the site plans, maps and other documentation of a development to determine the compliance with the stated purposes and standards of the ordinance. (See also Chapter A263, Development and Subdivision Review Regulations.)

DIRECTIONAL SIGN § 260-27.16

Any sign whose purpose is to direct vehicles and/or pedestrians onto, around and off of a premises. Such signs shall be limited to four square feet in area including any attached corporate logos or other symbols. Such signs shall be limited to three feet in height from the top of the sign to grade. These signs may contain the name or logo of an establishment but no advertising copy. Such logos shall not comprise greater than 20% of the total sign area.

DIRECTORY SIGN § 260-27.17

A sign which provides dedicated space for listings of two or more professional, service, business and/or commercial activities and is designed and constructed with provision to allow changes of occupancy to be reflected on the sign. One such sign shall be permitted per building, either as a wall directory sign or as a freestanding directory sign. Freestanding directory signs are permitted in lieu of individual freestanding signs and shall not exceed 15 feet in height or 60 square feet in sign area.

DISTRICT § 260-6.41

See "zoning use district."

DRAINAGE SYSTEM § 260-6.42

A system for the removal of water from land by drains, grading or other appropriate means. Such techniques may include runoff controls to minimize erosion and sedimentation during and after construction or development, the means for preserving surface and ground waters and the prevention and/or alleviation of flooding.

DRIVE-THROUGH FACILITY § 260-6.43

The provision of a service window where the customer remains in vehicle while being served. Typically found in conjunction with banks and restaurants.

DUPLEX § 260-6.45

A structure containing two dwelling units, each of which is totally separated from the other by a single unpierced wall.

DWELLING UNIT § 260-6.44

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.

E

EASEMENT § 260-6.46

That portion of a lot or lots reserved for present or future use by a person or agency other than the legal owners of the property.

ELECTRIC POWER SUBSTATION § 260-6.47

A structure designed to reduce the amount of volts of electricity passing through a particular conduit.

ELECTRONIC AMUSEMENT GAMES § 260-6.48

Video games, arcade games and the like.

ELEMENTARY AND SECONDARY SCHOOL § 260-6.49

Education programs that are defined by and are subject to R.I.G.L. § 16-1-5 et seq.

ENVIRONMENTAL DAMAGE § 260-6.50

Damage suffered to any portion of land due to the removal of vegetation, soil, wetlands and/or water bodies or the existence of any hazardous materials underground.

EXTENDED-CARE FACILITY § 260-6.51

A long-term care facility or a distinct part of a facility licensed as a nursing home, infirmary unit of a home for the aged or a governmental medical institution. This shall include hospices.

EXTERNALLY ILLUMINATED SIGN § 260-27.18

Any sign whose light source is located outside of the sign. This includes, but is not limited to, spotlights.

EXTRACTIVE INDUSTRY § 260-6.52

The extraction of minerals including solids, such as coal and ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes quarrying; well operation; milling, such as crushing, screening, washing and flotation; and other preparation customarily done at the extraction site or as part of the extractive activity.

F

FAA § 260-69.2

Federal Aviation Administration.

FAMILY § 260-6.53

See "household."

FAMILY DAY-CARE HOME § 260-6.54

Any home other than the child's home in which day care in lieu of parental care and/or supervision is offered at the same time to six or less children who are not relatives of the care giver, but not containing more than a total of eight children receiving such care, and which is licensed by the State Department of Children, Youth and Families subject to the Department's regulations.

FARM BREWERY § 260-6.55

An establishment located on a farm-zoned property of no less than two acres that produces beer or other malt beverages manufactured with at least one primary ingredient (hops or grains) grown on premises and whose annual production does not exceed 150,000 gallons of beer. A farm brewery must have all appropriate state licenses and may sell beer at wholesale to retailers consistent with said licenses. Similarly, direct sales to on-site customers for consumption on or off site shall be in accordance with state law. FARM or FARMLAND — The legal production, keeping or maintenance, for sale, lease or personal use, of plants and animals useful to people, including but not limited to forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including any hoofed animals and any animals not bred as household pets. Such animals may be kept and maintained for commercial production, sale or lease, and/or food, education or recreation. Farm animals identified by these categories include beef cattle, sheep, swine, horses, ponies, mules, chicken, turkeys, chinchilla or goats, or any mutations/hybrids thereof, including the breeding and grazing of any or all such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or lands devoted to soil conservation or forestry management program. This definition shall not be construed so as to prohibit the use of land for limited home gardening purposes. Farming does not include the boarding of animals.

FCC § 260-69.3

Federal Communications Commission.

FINANCING SIGN § 260-27.19

See "construction sign."

FIXED ZONE § 260-6.56

A land-use zone, the boundaries of which are clearly denoted on the Zoning Map and which serves as the underlying zone for any overlay zones or floating zones.

FLAG § 260-27.20

Any fabric or bunting containing distinctive colors, patterns, words and/or symbols. One flag shall be permitted for every 150 feet of frontage associated with the property, with a maximum of three flags permitted per business or residence. Flags attached to a building shall be displayed at a height where the lowest portion of flag material is a minimum of seven feet off the ground if hanging over a public right-of-way. Flags containing a commercial message or business name shall not exceed 12 square feet in area. Standing flags shall be allowed in existing flag holes in the sidewalk within the Commercial Downtown (CD) Zone without a minimum clearance restriction.

FLASHING SIGN § 260-27.21

See "animated sign."

FLOATING ZONE § 260-6.57

An unmapped zoning district adopted within the ordinance, which is established on the Zoning Map only when an application for development, meeting the zone requirements, is approved by the Town Council. 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 (P.L. 90-448).

FOOD SERVICE FACILITY § 260-6.58

A lunch room, luncheonette, restaurant, cafeteria, cafe, coffee house, or other place for the service of food for on-premises consumption and whose principal business is the sale of foods or beverages to the customer in a ready-to-consume state. Such establishments may also sell foods or beverages for carry-out or delivery.

FREEBOARD § 260-6.59

A factor of safety expressed in feet above the base flood elevation of a flood hazard area for purposes of floodplain management. Freeboard compensates for the many unknown factors that could contribute to flood heights, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

FREESTANDING SIGN § 260-27.22

Any sign supported by a structural device or devices that is placed on or anchored into the ground and that is independent from any building. One freestanding sign shall be permitted per lot with a maximum visible sign area of 40 square feet. (See also Subsection B, Computations, for multifaced signs.) Where more than one business is located on a lot, up to three freestanding signs shall be permitted, provided that the total square footage of visible sign area does not exceed 40 square feet. A minimum sign clearance of eight feet is required between the grade and the base of the lowest part of the sign to ensure adequate site clearance for pedestrians and vehicles. Maximum sign height shall be 15 feet, and all such signs shall be set back a minimum of 10 feet from all lot lines. The area immediately underneath and around the base of the sign shall be landscaped per the landscaping requirements found in § 260-28G of this chapter.

G

GAS AND SERVICE STATION SIGNS § 260-27.23

Signs necessary to the operation of filling and service stations, limited to the following: (1) Lettering on buildings displayed over individual entrance doors consisting of the words "washing," "lubrication," "repairing" and/or words of similar relevance, provided that there shall not be more than one such sign centered over each entrance and that the sign area shall not exceed 12 inches in height. (2) Lettering or other insignia which are part of a gasoline pump, consisting only of a brand name, lead warning sign, price and other signs as required by law. (3) A credit card sign not exceeding one square foot in area, affixed to the building or window. (4) Other signs as permitted by this chapter.

GOLF FACILITY § 260-6.60

A recreation area/operation including a miniature golf course and/or a driving range but not including a traditional nine-hole or eighteen-hole golf course.

GOVERNMENT SIGNS § 260-27.24

Signs erected by or on behalf of the United States of America, the State of Rhode Island and the Town of East Greenwich, traffic controls, legal notices or other signs required by law, including all signs erected under the authority of the Town of East Greenwich. The Town shall have the ability to erect such signs without sign approval.

GROUND-MOUNTED SYSTEM § 260-120.4

A solar energy system that has its electricity-generating solar panels mounted on a structure, pole or series of poles constructed specifically to support the system and not attached to any other structure. Ground-mounted systems (GMS) fall into three categories: a) major solar system installations, b) minor solar system installations, and c) accessory solar system installations, as defined below.

GROUNDWATER § 260-6.61

Groundwater and associated terms as defined in § 46-13.1-3 of the Rhode Island General Laws.

H

HALFWAY HOUSES § 260-6.63

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 § 260-6.62

See administration and procedures of the Zoning Board of Review, § 260-91C.

HEALTH/FITNESS CENTER § 260-6.64

An indoor facility including uses such as game courts, exercise equipment, locker rooms, pool, Jacuzzi®, sauna and/or proshop.

HEIGHT § 260-69.4

When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

HEIGHT § 260-6.65

See "building height."

HISTORIC DISTRICT § 260-57.8

Specific divisions of the Town of East Greenwich as designated by this article which shall act as overlay zones. A historic district may include one or more structures.

HISTORIC DISTRICTS § 260-6.66

Specific divisions of the Town of East Greenwich as designated by the Historic Zoning Ordinance, Article XI, which shall act as overlay zones. A historic district may include one or more structures. (See also Article XI, § 260-57, for definitions related to historic zoning.)

HOME OCCUPATION § 260-74.2.1

See § 260-6.

HOME OCCUPATION § 260-6.67

Any activity customarily carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit.

HOSPITAL § 260-6.68

An institution providing health services primarily for human inpatient medical or surgical care for the sick or injured, and including related facilities such as laboratories, outpatient departments, training facilities, central services facilities and staff offices that are an integral part of the facilities.

HOTEL § 260-6.69

A structure designed, used or offered for residential occupancy for any period less than one month, including motels, but not including hospitals or nursing homes. Such a structure may also include ancillary uses such as a restaurant, meeting rooms and theater/projection room(s).

HOUSE OF WORSHIP § 260-6.72

A tax-exempt institution that people attend to participate in or hold religious services, meetings and other activities related to the religion.

HOUSEHOLD § 260-6.70

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 includes one or more persons related by blood, marriage or adoption and which may also include domestic employees living with the family. B. A person or group of no more than three unrelated persons living together.

HOUSEHOLD PETS § 260-6.71

Animals that are customarily kept for personal use or enjoyment within the home. Household pets shall include domestic dogs and domestic cats and may include other animals such as rabbits and caged birds. Such animals are to be kept for noncommercial family purposes. The keeping of all such pets shall comply with all relevant local laws pertaining to leashes and confinement, licensing, etc., and shall not constitute a public safety hazard or public nuisance.

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IMPROVEMENT § 260-6.73

Any man-made, immovable item which becomes part of, is placed upon, or is affixed to real estate.

IN-LAW APARTMENT § 260-6.74

One-bedroom apartment located within the principal structure for use by parent(s), in-law parent(s), or grandparent(s) of occupant(s) of the principal residence. (Yearly certification by the Building Official is required.)

INCIDENTAL SIGN § 260-27.26

A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "loading zone," "open," "telephone" and other similar directives. Such signs shall not exceed six square feet in area and shall not count toward the maximum visible sign area as addressed in § 260-28A below.

INFRASTRUCTURE § 260-6.75

Facilities and services needed to sustain residential, commercial, industrial, institutional and other activities, including but not limited to sewer, gas, electric, cable and water lines.

INTERNALLY ILLUMINATED SIGN § 260-27.25

Any sign, exclusive of gas-filled signs, whose light source is located behind and/or within the sign itself or behind and/or within any individual element(s) of a sign.

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KENNEL § 260-6.76

A shelter for or a place where four or more animals are bred, boarded and/or trained, whether for compensation or not.

KINDERGARTEN § 260-6.77

Education programs that are defined by and are subject to R.I.G.L. § 16-1-5 et seq.

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LAND DEVELOPMENT AND SUBDIVISION ORDINANCE § 260-6.78

A code requiring review and approval of subdivisions and site plans prior to construction and/or development.

LAND DEVELOPMENT PROJECT § 260-6.79

A project in which one or more lots, tracts or parcels of land are to be developed or redeveloped as a coordinated site for a complex of uses, units or structures, including but not limited to planned development and/or cluster development for residential, commercial, institutional, recreational, open space and/or mixed uses as provided for in this chapter.

LARGE BREWERY § 260-6.80

An establishment where beer or malt beverages are made on premises at an annual production rate of 10,000 barrels or more. A barrel is equivalent to roughly 31 gallons.

LARGE DISTILLERY § 260-6.81

A commercial establishment duly operating with a manufacturer's license issued by the State of Rhode Island per RIGL § 3-6-1 wherein potable alcoholic liquors obtained by the process of distillation are made and sold. The distillation process shall take place wholly inside a building and shall result in products for sale that may include but not be limited to whiskey, vodka, rum and gin but which shall expressly exclude fermented and malted liquors like beer or wine. Craft distilleries ( as distinguished from large distilleries or micro-distilleries) shall produce greater than 20,000 but less than 50,000 gallons of liquor per year. Distilleries producing greater than 50,000 gallons of liquor per year are not permitted. All provisions of § 260-24 of this Zoning Code, Off-street storage and loading, shall apply, and no greater than 30% of total gross floor area associated with the distillery can be devoted to tasting room or direct-to-consumer sales.

LAUNDROMAT § 260-6.82

A place where patrons wash, dry or dry-clean clothing and other fabrics in machines operated by the patron.

LEGAL NONCONFORMING SIGN § 260-27.27

(1) A sign which was erected legally prior to the enactment of this article; (2) a sign which does not conform to the sign code requirements, for which zoning relief has been granted through the Zoning Board of Review.

LIGHT INDUSTRIAL PARK § 260-6.84

A park designed as a coordinated environment for a variety of industrial and related activities. The project is developed or controlled by one proprietary interest. It has an enforceable master plan and/or covenants, conditions and restrictions. The development may be on one parcel, may be subdivided, may have condominium ownerships, or a combination of these types.

LIGHT INDUSTRY § 260-6.83

A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such projects, but excluding basic industrial processing which requires the use of one-hundred-percent raw materials.

LOT § 260-6.85

Either: 1) the basic development unit for determination of lot area, depth and other dimensional regulations; or 2) a parcel of land whose boundaries have been established by some legal instrument, such as a recorded deed or recorded map, and which is recognized as a separate legal entity for purposes of transfer of title.

LOT AREA § 260-6.87

The total area within the boundaries of a lot, excluding any street rights-of-way, usually reported in acres or square feet.

LOT BUILDING COVERAGE § 260-6.88

That portion of the lot that is or may be covered by buildings and accessory buildings.

LOT DEPTH § 260-6.89

The distance measured from the front lot line to the opposite lot line (typically the rear lot line). For lots where the front and opposite lot lines are not parallel, the lot depth is an average of the depth. Where the front lot line is a curved line, the distance measured from the midpoint of the curved radial to the opposite lot line shall constitute lot depth.

LOT FRONTAGE § 260-27.28

Roadway frontage on a local access road. Frontage along limited access highways such as Routes 4 and 1-95 shall not be considered as lot frontage.

LOT FRONTAGE § 260-6.90

That portion of a lot abutting a street that has been approved and accepted by the Town. Minimum frontage requirements shall be met by contiguous lot frontage.

LOT LINE § 260-6.91

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. Lots fronting on more than one street right-of-way are considered to have more than one front lot line and no rear lot line. 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. Lots with more than one front lot line are considered to have no rear lot line. C. SIDEAny lot line other than a front or rear lot line. A lot may have more than two side lot lines.

LOT WIDTH § 260-6.93

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.

LOT, CORNER § 260-6.86

Where a lot is abutted by two intersecting or intercepting streets. Such lots have two front yards, one at each street; two side yards; and no rear yard.

LOT, THROUGH § 260-6.92

A lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.

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MAJOR SOLAR SYSTEM INSTALLATION § 260-120.5

Any ground-mounted solar energy system installation that meets one of the following criteria: a) a solar installation with an output exceeding 25kW; or b) a solar energy system with lot coverage that exceeds 40% of the net buildable area (i.e., the total area of the applicable lot, minus setbacks, vegetated buffers, and wetlands).

MARIJUANA STORE § 260-6.94

Any retail establishment at which the sale or use of marijuana, medical or otherwise, takes place. This shall not include a compassion center regulated and licensed by the State of Rhode Island, as defined herein.

MARINA § 260-6.95

A facility for storing, servicing, fueling, berthing and securing and launching of private pleasure craft that may include the sale of fuel and incidental supplies for the boat owners, crews and guests.

MEDICAL WALK-IN FACILITY § 260-6.96

A building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities.

MERE INCONVENIENCE § 260-6.97

See administration and procedures of the Zoning Board of Review, § 260-91C.

MICRO-DISTILLERY § 260-6.99

A commercial establishment duly operating with a manufacturer's license issued by the State of Rhode Island per RIGL § 3-6-1 wherein potable alcoholic liquors obtained by the process of distillation are made and sold. The distillation process shall take place wholly inside a building and shall result in products for sale that may include but not be limited to whiskey, vodka, rum and gin but which shall expressly exclude fermented and malted liquors like beer or wine. Microdistilleries (as distinguished from craft distilleries and large distilleries) shall produce no greater than 20,000 gallons of liquor per year. All provisions of § 260-24 of this Zoning Code, Off-street storage and loading, shall apply, and no greater than 30% of total gross floor area associated with the distillery can be devoted to tasting room or direct-to-consumer sales.

MICROBREWERY § 260-6.98

An establishment where beer and/or malt beverages are made on premises and then sold or distributed, producing less than 10,000 barrels per year. Microbreweries sell their product in any of the following ways: the traditional three-tier system of brewer to wholesaler to retailer to consumer; a two-tier system of brewer acting as wholesaler and then to retailer to consumer; or directly to the end consumer.

MINOR SOLAR SYSTEM INSTALLATION § 260-120.6

Any ground-mounted solar energy system installation that does not qualify as a major solar system installation and meets one of the following criteria: a) the solar energy system installation is designed primarily to sell electricity to a utility supplier; or b) a solar energy system with a footprint that exceeds 5,000 square feet; or c) a solar energy system with lot coverage that exceeds 20% of the net buildable area (i.e., the total area of the applicable lot, minus setbacks, vegetated buffers, and wetlands), but does not exceed 40% of the net buildable area.

MIXED USE § 260-6.100

A mixture of land uses within a single development, building or tract.

MONUMENT SIGN § 260-27.29

Any sign whose base is in contact with or within one foot of the ground. Where permitted, only one monument sign shall be allowed per lot in lieu of a freestanding sign and shall have a maximum sign area of 50 square feet and shall be set back a minimum of 10 feet from all property lines. Maximum sign height shall be eight feet. The area immediately underneath and around the base of the sign shall be landscaped per the landscaping requirements found in § 260-28G of this chapter.

MORTUARY/FUNERAL HOME § 260-6.101

Establishment in which the dead are prepared for burial or cremation. The facility may include a chapel for conduct of funeral services and space for funeral services, gatherings and/or display of funeral equipment.

MOVING SIGN § 260-27.30

Any sign moved by mechanical or natural means, such as wind.

MULTIFAMILY DWELLING § 260-6.102

A building intended and designed for residential occupancy by three or more families and not meeting the requirements for a multiple single-family dwelling. The families shall live independently in separate dwelling units, and the number of families in occupancy shall not exceed the number of dwelling units provided.

MULTIPLE SINGLE-FAMILY DWELLING § 260-6.103

A building or portion thereof containing more than two dwelling units, where each unit has an independent means of egress and is separated by a two-hour fire-separation assembly. Also called "attached single-family dwellings."

MURALS § 260-27.31

A picture or painting applied directly to a wall or roof of a structure, containing no written copy or text.

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NAMEPLATE § 260-27.32

Material on which a name and/or professional designation is inscribed or painted. Professional nameplates shall indicate a name and/or professional designation and/or affiliation and shall not exceed one square foot per professional occupant. Residential nameplates shall display the name and address of a resident and shall not exceed one square foot in area. All such nameplates shall be affixed either to a door, an adjacent wall of the premises, or a lamppost/mailbox.

NEON SIGN § 260-27.33

An electronic sign illuminated by inert gas confined to a glass tube. Such signs may be classified as "window" signs or as "projecting" signs and must meet all definitions and requirements of those sign types as addressed in this article.

NONCONFORMANCE § 260-6.104

A building, structure or parcel of land, or use thereof, lawfully existing at the time of the adoption or amendment of this chapter and not in conformity with the provisions of such chapter or amendment. A. 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 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 chapter. Dimensional regulations include all regulations of this chapter, other than those pertaining to the permitted uses. A building or structure containing more dwelling units than are permitted by the use regulations of this chapter is nonconforming by use; a building or structure containing a permitted number of dwelling units by the use regulations of this chapter, but not meeting the lot area per dwelling unit regulations, is nonconforming by dimension. B. 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.

NONCONFORMING SIGN § 260-27.34

Any sign that does not conform to the requirements of this chapter.

NONRESIDENTIAL COOPERATIVE CULTIVATION § 260-6.105

A use of land located in a nonresidential zone, or of a building, or a portion thereof, located in a nonresidential zone, for the cultivation of marijuana by two or more cardholders, as defined in R.I.G.L. § 21-28.6-3.

NUISANCE § 260-6.106

A wrong arising from an unreasonable or unlawful use of property to the discomfort, annoyance, inconvenience or damage of another and usually consists of continuous or recurrent acts.

NURSERY SCHOOL § 260-6.107

Private nursery schools and other regular programs of educational services to children between the ages of two years and eight months and six years where the schools operate one or more sessions daily. This does not apply to bona fide kindergarten or nursery classes which are part of a nonpublic elementary school system. See R.I.G.L. § 16-48-1 et seq.

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OFF-PREMISES SIGN § 260-27.35

Any sign that is either a commercial off-premises sign or a noncommercial off-premises sign. (1) COMMERCIAL OFF-PREMISES SIGNAny sign advertising or calling attention to a business, product or service not sold, produced, manufactured, furnished or conducted at the property where the sign is located. (2) NONCOMMERCIAL OFF-PREMISES SIGNAny sign containing a noncommercial message about an event, position or point of view that is not in direct support of the primary use of the property where the sign is located. Noncommercial off-premises signs that also meet the definition of a temporary sign shall be permitted in all zoning districts and may be of any type and size of sign allowed therein and shall be subject to the same requirements, restrictions and setback limitations applicable to other sign types in those zones. Noncommercial off-premises signs that do not meet the definition of a temporary sign are not allowed. Off-premises signs are prohibited from all public rights-of-way, municipal buildings and Town-owned property, and shall not be affixed to any traffic signs, utility poles nor to any trees located in public rights-of-way or on Town property.

OFFICE § 260-6.108

A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations.

OFFICE PARK § 260-6.109

A tract of land that has been planned, developed and operated as an integrated facility for a number of separate office buildings and supporting ancillary uses with special attention given to circulation, parking, utility needs, aesthetics and compatibility.

OPEN SPACE § 260-6.110

Land area not occupied by buildings, structures, parking areas, streets, alleys or required yards; may be devoted to landscape preservation of natural features or recreation facilities and areas.

OVERLAY DISTRICTS § 260-6.111

A district established by this chapter that is superimposed on one or more districts or parts of districts. The standards and requirements associated with an overlay district may be more or less restrictive than those in the underlying districts, consistent with other applicable state and federal laws. These districts include but are not limited to the Historic District, Aquifer/Wellhead District, Floodplain District and Cluster District.

OWNER § 260-114.1

The individual or entity that intends to own and operate a wind facility in accordance with this article.

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PARKING LOT § 260-6.112

Any outdoor space, plot, lot, parcel, yard or enclosure, or any portion thereof, where more than two motor vehicles may be parked, stored, housed or kept. "Parking lot" includes but is not limited to the driving and parking areas of drive-through restaurants, banks, gas stations, grocery stores, etc. "Parking lot" shall also include Town-owned and -operated and/or -leased off-street parking lots. (See also Article VI of this chapter.)

PEDDLER'S SIGNS § 260-27.36

Any wall sign or perpendicular sign which is a part of and affixed to a permitted peddler's vehicle.

PENNANT § 260-27.37

Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire, string or line, usually in series, designed to move in the wind.

PERFORMANCE STANDARDS § 260-6.113

A set of criteria or limits relating to elements which a particular use or process either must meet or may not exceed.

PERMITTED USE § 260-6.114

A use by right which is specifically authorized in a particular zone.

PERSONAL MARIJUANA CULTIVATION § 260-6.115

Marijuana cultivation by a single registered cardholder, as defined in R.I.G.L. § 21-28.6, within his or her residential dwelling for medical use only. This use shall only be permitted as an accessory use to a lawfully permitted residential use. In a mixed-use building that contains residential and nonresidential uses, this use shall be contained within the residential dwelling unit only.

PLANNED DEVELOPMENT § 260-6.116

Land development project as defined elsewhere in this chapter and developed according to plan(s) as a single entity and containing one or more structures and/or uses with appurtenant common areas.

PLANT AGRICULTURE § 260-6.117

The growing of plants for food or fiber, to sell or consume.

PORTABLE SIGN § 260-27.38

Any mobile sign not permanently attached to the ground or permanent structure or a sign which may be transported, including, but not limited to, signs designed to be transported by means of wheels; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business. Sandwich board signs as described and regulated elsewhere in this chapter shall not be considered portable.

PREAPPLICATION CONFERENCE § 260-6.118

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.

PREEXISTING TOWERS AND PREEXISTING ANTENNAS § 260-69.5

Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this article, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

PREKINDERGARTEN § 260-6.119

Education programs that are defined by and are subject to R.I.G.L. § 16-1-5 et seq.

PRINCIPAL BUILDING § 260-27.39

The building in which the principal use of the lot is conducted. Lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages and other clearly accessory uses shall not be considered principal buildings.

PRIVATE EDUCATION CENTER § 260-6.120

A facility owned and operated by a federal and/or state approved not-for-profit organization or one that is operated for profit whose purpose is systematic training and instruction designed to impart knowledge and develop skills, including institutions which are authorized by the State of Rhode Island to award associate, baccalaureate or higher degrees and the facilities associated with them. This term includes academic buildings, administrative facilities, athletic facilities, residential facilities, parking areas, garages, dining halls, food service facilities, agricultural facilities and other physical plants associated with college or university use. This facility may include schools operated by religious organizations.

PROJECTING SIGN § 260-27.40

Any sign affixed to a building or wall in such a manner that it extends more than 10 inches beyond the surface of such building or wall. Such signs shall be permitted in lieu of freestanding signs or monument signs. Only one projecting sign shall be permitted per business and shall be perpendicular to the wall to which it is attached, its nearest edge being no less than three inches and its furthest edge projecting no greater than 48 inches from the wall. The projecting sign shall have a maximum sign area of 10 square feet and its lowest edge shall be a minimum of eight feet from the ground.

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RATED NAMEPLATE CAPACITY § 260-114.2

The maximum rated output of electric power production equipment. This output is typically specified by the manufacturer with a nameplate on the equipment.

REAL ESTATE SIGN § 260-27.41

Any temporary sign advertising the real estate upon which the sign is located as being for rent, lease or sale. Residential real estate signs shall be permitted for individual residential properties and shall not exceed six square feet in area. Only one residential real estate sign per lot shall be permitted. Commercial and industrial real estate signs shall be permitted for industrial and commercial properties and shall not exceed 32 square feet in area. All residential, commercial and industrial signs shall be removed within two weeks of the sale or lease of the property or unit. Subdivision real estate signs shall be permitted for subdivisions of five or more lots. One common sign with a maximum sign area of 32 square feet per side shall be permitted in lieu of individual real estate signs and shall not be in place for greater than two years.

RECREATION, COMMERCIAL § 260-6.121

A place designed and equipped for the conduct of sports leisure-time activities and other customary, usual recreational activities, which is operated as a business and open to the public for a fee.

RELOCATION § 260-57.9

The moving of an established structure from one site or area to another.

REMOVAL § 260-57.10

The act of elimination as a means of remedying damage or deterioration of a structure and/or its accessories.

REPAIR § 260-57.11

The act of altering as a means of remedying damage or deterioration of a structure and/or its accessories.

REPLACEMENT-IN-KIND § 260-57.12

Any repair work in which old materials are removed and exactly the same materials are used in its place (i.e., asphalt shingle roofing is removed and re-laid with new asphalt shingles).

RESIDENTIAL COOPERATIVE CULTIVATION § 260-6.122

The use of land located in a residential zone, or of a building, or a portion thereof, located in a residential zone, for the cultivation of marijuana by two or more cardholders, as defined in R.I.G.L. § 21-28.6-3.

RESIDENTIAL SIGN § 260-27.42

Any single-faced wall sign or freestanding sign in a residential zone, including, but not limited to, preservation plaques and bed-and-breakfast signs. Freestanding signs of this nature shall have an area not exceeding four square feet, shall be no greater than four feet in height overall, and shall be located a minimum of five feet from all property lines.

RESIDENTIAL ZONE USE SIGN § 260-27.43

A wall sign or freestanding sign whose sign display is not to exceed 12 square feet and is used on premises for church, hospital, library, museum, art gallery or charitable purposes.

RESTAURANT § 260-6.123

A retail establishment where food and beverages are cooked or prepared and offered for sale and where consumption is permitted on the premises. A. DRIVE-IN RESTAURANTA building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption takes place outside the confines of the building, often in a motor vehicle on site.

RETAIL, COMMERCIAL § 260-6.124

The sale of a product to the general public, not intended to be resold by others; may involve the sale of general retail goods and accessory services and the storage of products for sale.

RIDING STABLE/HORSE BOARDING FACILITY § 260-6.125

A building or land where horses are kept for remuneration, hire or boarding. A minimum of one acre of land per horse boarded on site is required.

RIGHT-OF-WAY § 260-6.126

An area or strip of land, either public or private, occupied or intended to be occupied by a street, electric transmission line, gasline, water main, sanitary or storm sewer main, drainagecourse, or other special use.

ROOF SIGN § 260-27.44

Any sign erected over or on the roof of a building and which is supported by the roof structure.

ROOMING HOUSE § 260-6.127

Any building which is used in whole or in part as a place where sleeping accommodations are furnished for hire or other consideration, with or without board, for not more than 20 guests or employees of the management, or where 10 or fewer sleeping rooms are maintained for such guests or employees. This term shall include tourist homes, lodging homes, convents, monasteries and other nonprofit and charitable institutions which have accommodations as stated, but shall not include private dwellings that accommodate habitation guests or employees, bed-and-breakfast establishments, apartment houses, hotels, convalescent homes, nursing homes, assisted living facilities, or homes for the aged.

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SANDWICH BOARD SIGN § 260-27.45

Any double-sided portable sign designed as an "A" or "T" frame, typically hinged or joined at one or more points. One such sign shall be permitted per business and shall be located so as to provide a public passage of a minimum of three feet on any public right-of-way. Each face of the double-sided sign shall not exceed six square feet in area. No driveways, doorways, walkways or handicap ramps may be blocked by the sign. Sandwich board signs shall not be attached to any public structure or street furniture.

SATELLITE DISH ANTENNA § 260-6.128

A device or antenna intended to receive signals from orbiting satellites and other sources. Noncommercial dish antennas are defined as being less than four meters in diameter, while commercial dish antennas are usually those larger than four meters and typically used by broadcasting stations. The Town does not exercise jurisdiction over the "mini dishes" which are less than 39 inches in diameter, except where they are to be installed within the Historic District or on an outlying historic property included in Article XI of this chapter or where dish installation must be restricted based on safety issues.

SEARCHLIGHT § 260-27.46

Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move.

SEASON'S GREETINGS SIGN § 260-27.47

Any temporary sign which promotes holiday greetings. Signs promoting businesses, products, services or sales do not constitute season's greetings.

SELF-STORAGE FACILITIES § 260-6.129

Any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to the space for the purpose of storing and removing personal property.

SETBACK LINE OR LINES § 260-6.130

A line or lines parallel to a lot line at the minimum distance of the required setback for the zoning district in which the lot is located that establishes the area within which the principal structure must be erected or placed. (See the Lot Illustration at the end of this chapter and also the definition of "building envelope.")

SIGN § 260-27.48

Any device, fixture, display, placard or structure that uses any color, form, graphic, illumination, symbol and/or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. A wall sign shall consist of both a sign face and a bracket. A freestanding sign shall consist of the sign face(s), bracket(s), post(s) and frame. A monument sign shall consist of the sign face(s) and support base.

SIGN § 260-6.131

See "sign" and other sign-related terms defined in Article VII, Signs.

SITE PLAN § 260-6.132

A plan for one or more lots which shows the existing and/or the proposed conditions of the lot.

SMOKING BAR § 260-6.133

An establishment whose business is primarily devoted to the serving of tobacco products for consumption on the premises, in which the annual revenues generated by tobacco sales are greater than 50% of the total revenue for the establishment and the serving of food or alcohol is only incidental to the consumption of the tobacco products that is in full compliance with § 23-20.10-2(20) of the Rhode Island General Laws.

SOLAR ENERGY SYSTEM § 260-120.7

All equipment, machinery and structural features designed and intended for converting solar energy (sunlight) into electricity; includes all facilities involved in the collection, storage, and distribution of solar energy.

SPECIAL USE § 260-6.134

A regulated use which is permitted pursuant to the approval of a special use permit issued by the Zoning Board of Review. Formerly referred to as a "special exception."

STORAGE § 260-6.135

Depositing articles (goods, wares, equipment or merchandise) for safekeeping or future use. Articles appurtenant for the residential use of a property are exempted from this definition. Also in order to constitute storage, articles must be left outdoors on a parcel for a period exceeding 30 days. Stored article shall not be permitted between the front lot line and the primary structure nor in any side or rear setback.

STREET § 260-6.136

A public way established by or maintained under public authority.

STREET OBJECT § 260-57.13

Any object erected or placed in a public way or sidewalk on a temporary or permanent basis. Authorized public safety/public welfare street objects include, but are not limited to, such structures as street lights, traffic lights, U.S. Post Office mailboxes, fire hydrants, utility poles, street trees and municipal trash receptacles.

STRUCTURE § 260-57.14

That which is constructed or erected and requires a building permit, the use of which requires permanent or temporary location on or in the ground, to be limited to buildings, gazebos, pergolas, outbuildings, porches, decks and fences.

STRUCTURE § 260-6.137

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.

SUBDIVISION IDENTIFICATION SIGNS § 260-27.49

One freestanding permanent sign may be installed at all exclusive entrances to a development. Each sign shall have a maximum sign area of 16 square feet. These signs shall not be located within the public right-of-way or on Town-owned or -controlled land.

SUBSTANDARD LOT OF RECORD § 260-6.138

Any lot lawfully existing at the time of adoption or amendment of this chapter and not in conformance with the dimensional and/or area provisions of this chapter. (See also Article IV, Substandard Lots of Record.)

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TEMPORARY SALES OR PROMOTION OFFICE § 260-6.139

A use that is allowed until sale or completion of the final unit of an approved development.

TEMPORARY SIGN § 260-27.50

Any sign not permanently installed or any sign only intended for use for a limited period of time. Such signs shall be permitted in all zoning districts and may be of any type and size of sign allowed therein and shall be subject to the same requirements, restrictions and setback limitations applicable to other sign types in those zones. Temporary signs are prohibited from all public rights-of-way, municipal buildings and Town-owned property, and shall not be affixed to any traffic signs, utility poles, nor to any trees located in public rights-of-way or on Town property. Such signs shall not remain in place for more than 120 days in any calendar year.

TENT § 260-6.140

A shelter of canvas or like material supported by poles and fastened to the ground. No tent exceeding 120 square feet shall be erected, operated or used without permission from the Building Official and Fire Department. Permits for such tents shall be issued for a period not to exceed 30 days and shall be revocable for cause.

THEATER § 260-6.141

A building or part of a building devoted to showing motion pictures or for dramatic, musical or live performances.

TOWER § 260-69.6

Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and other communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, and the like. The term includes the structure and any support thereto.

TOWER § 260-114.3

The monopole, freestanding or guyed structure that supports a wind generator.

TOWN § 260-27.51

Refers to all governmental entities of the Town of East Greenwich, including, but not limited to, Town municipal offices and the School Department.

TOWNHOUSE § 260-6.142

Single-family dwelling units constructed in a row of attached units separated by property lines and with open space on at least two sides.

TRADEMARK § 260-27.52

Any trademark that is registered with the United States Patent Office under 15 U.S.C. § 1051.

TRAILER, STORAGE § 260-6.143

Any portable structure or vehicle constructed on a chassis and self-propelled or designed to be drawn by vehicles which, notwithstanding the removal of wheels or any other alteration, shall remain a trailer for purposes expressed here. No person may locate a trailer for storage without first obtaining a permit from the Building Official. Such permit may be issued for a period not to exceed 30 days but may be renewed once, provided that there has been no violation of state law or Town ordinance. No more than one trailer shall be permitted on a lot, and such trailers must meet the accessory structure setback requirements of the relevant zone. Such trailers shall be permitted in industrial zones only. Construction storage trailers used coincidental with ongoing permitted construction may be exempted from these requirements for the duration of the construction project only.

TRANSMISSION TOWERS § 260-6.144

A structure designed to aid in the transmission of radio and/or electrical impulses for the purposes of communication (i.e., for mobile phones, radio, TV, etc.).

TURBINE HEIGHT § 260-114.4

The vertical distance from ground level at the base of the turbine to the tip of a rotor blade at its highest point.

U

USABLE OPEN SPACE § 260-6.146

Space which is effectively separated from automobile traffic and parking and is an integral part of the cluster development. The term shall not include: A. Space devoted to streets, driveways, parking, walkways, sidewalks, accessory uses or structures, wetlands, wetland buffers, or water bodies. B. Any land area required to be left unaltered by reason of a preexisting legally enforceable covenant, easement or restriction which runs with the land.

USE § 260-6.145

The purpose or activity for which land or buildings are designed, arranged or intended, or for which land or buildings are occupied or maintained.

V

VARIANCE § 260-6.147

Permission to depart from the literal requirements of this chapter as granted by the Zoning Board of Review. An authorization for the construction or maintenance of a building or structure or for the establishment or maintenance of a use of land which is prohibited by this chapter. A. There shall be only two categories of variance: a use variance or a dimensional variance. (See also Article XV, Administration and Procedures of Zoning Board of Review.) (1) USE VARIANCE.Permission to depart from the use requirements of this chapter where the applicant for the requested variance has shown by evidence upon the record that the subject land or structure cannot yield any beneficial use if it is to conform to the provisions of this chapter. (2) DIMENSIONAL VARIANCEPermission to depart from the dimensional requirements of this chapter under the applicable standards set forth in R.I.G.L. § 45-24-41. B. 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.

W

WALL SIGN § 260-27.53

Any sign attached parallel to but within 10 inches of a wall, painted on the wall surface, or erected and confined within the limits of an outside wall of any building or structure which is supported by such wall or building, and which displays only one sign surface and is supported by such wall or building. One such sign shall be permitted per business per building face with a maximum of three per business. The maximum width of the sign display shall not exceed 70% of the linear frontage associated with the business unit. In the CD-1 and CD-2 (Commercial Downtown 1 and 2) and W (Waterfront) Zones, such signs may be either a total of 30 square feet in area or a maximum of 36 inches in height and no greater than six inches from the wall. In the Route 2 corridor, MUPD (Mixed Use Planned Development), CH (Commercial Highway) and L1/O (Industrial) Zones, wall signs may either total 30 square feet in area or be a maximum of 48 inches in height and no greater than 10 inches from the wall. For businesses located within shopping centers having greater than 100,000 square feet of gross floor area, such signs shall not be limited in height or width but shall not exceed 30% of the building's facade associated with the business. This provision shall only apply to those businesses located within the main structure(s) and shall not apply to any other freestanding structures (i.e., pad sites, kiosks, outbuildings, etc.). All wall signs must directly advertise or promote the business, entity or enterprise located within the building or structure to which they are attached, painted or erected as described above. Any wall signs that do not directly advertise or promote said business, entity or enterprise are strictly prohibited.

WAREHOUSE § 260-6.148

A building used primarily for the storage and/or distribution of goods and materials.

WATERS § 260-6.149

As defined in § 46-12-1(23), Rhode Island General Laws, as may be amended.

WETLAND § 260-6.150

A marsh, swamp, bog, pond, river, river or stream floodplain or bank; an area subject to flooding or storm flowage; an emergent or submergent plant community in any body of fresh water; or an area within 50 feet of the edge of a bog, marsh, swamp, or pond, as defined in R.I.G.L. § 2-1-20; or any salt marsh bordering on the tidal waters of this state, whether or not the tidal waters reach the littoral areas through natural or artificial watercourses, and those uplands directly associated and contiguous thereto which are necessary to preserve the integrity of that marsh, and as further defined by the Rhode Island Coastal Resources Management Program, as may be amended.

WHOLESALE, COMMERCIAL § 260-6.151

The sale of a product in large quantities from a manufacturing or warehousing facility to be retailed by others.

WIND ENERGY FACILITY § 260-114.5

A facility consisting of any and all equipment, machinery and structures utilized in connection with the conversion, storage or transfer of wind into electrical energy. It includes all transmission, storage, collection and supply equipment as well as substations, transformers, turbines and accessways (examples include but are not limited to all blades, base, foundations, rotors, towers, vanes, wires, inverters, batteries, generators and/or other components of the system). A. UTILITY-SCALE WIND FACILITYA commercial wind facility where the primary use is intended to be electrical generation that will be sold to wholesale electricity markets. B. SMALL WIND ENERGY FACILITYA wind facility located at a commercial, industrial, agricultural, residential, institutional or public facility that is designed and intended to generate electrical output primarily for the use or benefit of structures on the same lot or on contiguous commonly owned lots. Small wind facilities have a rated nameplate capacity of 80 kilowatts or less and a total height not exceeding 35 feet.

WIND TURBINE § 260-114.6

A device that converts kinetic wind energy into rotational energy that drives an electrical generator. A wind turbine typically consists of a tower, nacelle body, and a rotor with two or more blades.

WINDOW SIGN § 260-27.54

Any sign that is placed inside a window, upon the window panes or glass, or within 12 inches of the window (exclusive of merchandise display). Permanent window signs may be applied to, painted on or attached to the inside of each window associated with a business. The area of such window signs shall be counted toward the maximum visible sign area as addressed by § 260-28A herein. Temporary interior signs advertising business openings, specials, sales, events and greetings shall be permitted in accordance with the definition above of "temporary sign" for a period not to exceed 14 days. B. Computations. The following principles shall control the computation of sign area and sign height. (1) Sign display. The sign display is a portion of the permitted sign area. The area of a sign display shall be computed by means of the smallest square or rectangle that will encompass the extreme limits of the writing, representation, emblem or other display. (2) Sign area, single-faced signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed as the area of sign display together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. (3) Sign height. The height of a freestanding sign shall be computed as the distance from the base of the sign pole at normal grade to the top of the sign area. The height of a monument sign shall be computed as the distance from the base of the sign at normal grade to the top of the sign area. Normal grade shall be construed to be: a) the lower of existing grade prior to the construction; or b) the newly established grade after construction.

Y

YARDS § 260-6.152

See definitions for "lot line" and "setback lines."

Z

ZONING CERTIFICATE § 260-6.153

A document signed by the Zoning Enforcement Officer which states whether or not a use, structure, building or lot either complies with or is legally nonconforming to the provisions of this chapter or whether or not it is an authorized variance or modification therefrom.

ZONING ENFORCEMENT OFFICER § 260-6.154

The individual designated by the Town Manager to interpret and enforce compliance with this chapter.

ZONING MAP § 260-6.155

The map or maps which are a part of this chapter and which delineate the boundaries of all mapped zoning districts within the physical boundary of the Town and adopted as part of this chapter.

ZONING USE DISTRICTS § 260-6.156

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. Editor's Note: For additional definitions applicable to signs, see § 260-27; to Historic Districts, see § 260-57; and to telecommunications towers, see § 260- Editor's Note: See Lot Illustration attached to this chapter.