Definitions

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Additionally, the definitions set forth in article I of the city zoning ordinance shall also apply to any words, terms or phrases included herein. In the event of any conflict or discrepancy between these definitions and those in article I, the following definitions shall apply.

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, which shall be located on the same lot as the principal use. An accessory use shall not be permitted without the principal use to which it is related. An accessory use shall be subordinate in area, extent, or purpose to the principal use served.

Adaptive reuse. The conversion of an existing structure from the use for which it was constructed to a new use by maintaining elements of the structure and adapting such elements to a new use.

Advanced manufacturing. Use of innovative technologies to manufacture, fabricate, or produce existing products and the invention and design of new products. Advanced manufacturing can include the use of computer systems to plan, manage, and control the operations of a manufacturing plant through either direct or indirect computer interface with the plant's production resources.

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.

Building stories. The portion of a building between the upper surface of any floor and the upper surface of any floor next above having no more than one-half its height above the average elevation of the finished lot grade adjoining the building, and any portion of a building used for human occupancy between the topmost floor and the roof. In any building not divided into customary stories, each ten feet of building height shall be counted as one story.

Coastal Resources Management Program (650-RICR-20-00-01), also known as the "Red Book." A program administered by CRMC, and contains the policies and regulations for uses in tidal waters, shoreline features and contiguous areas. See also Metro Bay Region Special Area Management Plan.

Commission. The East Providence Waterfront special development district commission enabled by state statutes and charged with overseeing, planning, implementing and administering the development of areas within the East Providence Waterfront special development district.

Conditional use provisions. A use permitted pursuant to and in accordance with the conditions and/or circumstances issued by the East Providence Waterfront special development district commission pursuant to state statutes.

Continuing care. An age restricted development that provides a continuum of accommodations and care, consisting of a mix of independent and/or assisted living accommodations and long-term bed care together with a variety of ancillary uses. Permitted ancillary uses which are subordinate and incidental to a continuing care facility include: community facilities and meeting rooms for social civic, cultural and educational activities; recreational facilities for residents and their guests; common living, dining, laundry security and housekeeping facilities; central kitchen for food served in dining areas or for distribution to resident living units; medical and dental services for residents; retail shops for sale of goods or rendering of personal services to residents and guests; and sales offices.

Development. The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any change in use, or alteration or extension of the use, of land.

Developer. Any land owner, agent of a land owner or tenant with permission of such land owner, who makes an application for development.

Deviations. Permission to deviate from the area and performance standards of these regulations which regulate the manner in which a use permitted may be implemented by the owner as approved by the commission.

Entertainment/clubs. An establishment dispensing liquor and meals and in which live music, dancing, or entertainment is conducted.

Executive director. The primary liaison between the developer and each of the reviewing bodies within the waterfront development district, responsible for coordinating review of development projects and coordination of activities of the commission.

Flex tech. A mixed-use office/warehouse which is designed to accommodate users with flexible space needs. Primary uses include general business, office, artisan and technological development, as well as low-scale light manufacturing uses, including warehouse distribution centers. The design of the building includes potential for expansion or consolidation, and shared common space between tenants for services such as reception, restrooms or other accessory uses.

Food stores. A single store which offers for sale, primarily, most of the following articles: Bread, milk, cheese, canned and bottled foods and drinks, tobacco products, candy, papers and magazines and general hardware articles. Does not include sales of gasoline or other fuels.

Light manufacturing. The manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales and distribution of such products, but excluding raw materials industrial processing. These activities do not necessitate the storage of large volumes of hazardous, flammable, toxic matter or explosive materials needed for the manufacturing process. These activities do not include manufacturing processes predominantly comprised of hazardous, flammable, toxic or explosive materials. These activities shall take place within a wholly enclosed building.

Marina. A complex of boating facilities designed as a unit, including such facilities as permanent slips, launching ramps, ships' stores, minor repairs and accommodations for eating, and excluding major overhaul and repair, winter storage and boat sales.

Massage therapy. The practice of massage by a licensed massage therapist using a scientific system of activity to the muscular structure of the human body by means of stroking, kneading, tapping and vibrating with the hands or vibrators for the purpose of improving muscle tone and circulation.

Massage therapy establishment. An establishment approved and otherwise regulated by the licensing agency, which is the State of Rhode Island Department of Health, operating in conformance with all pertinent rules and regulations of the State of Rhode Island and all city ordinances and license requirements. Proof of a current license issued by the department of health shall be posted on the premises in a location visible to customers.

Metro Bay Region Special Area Management Plan (650-RICR-20-00-5), as amended. A planning and regulatory document administered by CRMC to guide and facilitate waterfront redevelopment with the Urban Coastal Greenways Policy for Providence Harbor and Seekonk River areas, and used in conjunction with the Coastal Resources Management Program, as amended.

Nonconforming structure. A building or structure, or parcel of land not in compliance with the performance standards or site development criteria of this chapter.

Nonconforming use. A lawfully established use of land, building or structure which is not a permitted use in that zoning district. A building or structure containing more dwelling units than are permitted by the use regulations of a zoning ordinance shall be a nonconforming use.

Parking structure. A structure or portion of a structure of one or more levels or floors associated with a permitted or conditional use and used exclusively for the parking of vehicles and which may be totally below grade (as in an underground garage) or either partially or totally above grade with those levels being either open or enclosed.

Performance standards. A system of development regulations that promotes flexibility in site design through prescribed standards for building placement and coverage, open space, density, parking provisions and impervious surfaces.

Permitted use. A use by right which is specifically authorized in a particular zoning district.

Prohibited use. A use of land which is specifically unauthorized in a particular zoning district due to incompatibility with surrounding uses or negative impacts to the public well being.

Special Area Management Plan, also known as the "Green Book," is a planning and regulatory document adopted by the Rhode Island Coastal Resources Management Council, CRMC, to guide and facilitate waterfront redevelopment in the Providence Harbor area, and used in conjunction with the Coastal Resources Management Program, as amended.

Sub-districts. Areas within the East Providence Waterfront district that due to geographical or surrounding physical context have been identified as being better suited for particular land uses and densities.

Waterfront development district. An independent public instrumentality and body corporate and politic for the purposes set forth in this chapter with a separate legal existence from the city and from the state and the exercise by the district of the powers conferred by this chapter shall be deemed and held to be the performance of an essential public function. The boundaries of the district have been established by ordinance of the city council. The district shall oversee, plan, implement, and administer the development of areas within the district.

(Ch. 317, § I, 3-2-04; Ch. 470A, § VIII, 10-7-08; Ch. 738, § II, 5-21-19; Ch. 914, § I(Att.), 12-19-23)