Definitions
121 defined terms in the adopted ordinance. A defined term carries this meaning wherever it appears in the text.
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Abutter § 1.2.1One whose property abuts, that is, adjoins at a border, boundary or point with no intervening land. 2. Accessory dwelling unit. A dwelling unit that provides complete independent living facilities and is located on a lot where the principal use is a legally-established detached dwelling unit or residential multi-unit building. 3.
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Accessory use § 1.2.2A use of land or of a building, or portion thereof, customarily incidental and subordinate to the principal use of the land or building and located on the same lot as the principal use. An accessory use is not permitted without the principal use to which it is related. 4.
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Adaptive reuse § 1.2.3The 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 those elements to the new use. 5.
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Affordable housing § 1.2.4Year-round housing built with a federal, state, or municipal subsidy that has a deed-restricted sales price or rental amount that is within means of a household that is moderate income or less, as defined by R.I. Gen. Laws § 42-128-8.1(d), as amended. Synonymous with "low- or moderate-income housing." 6. Age restricted housing. Housing limited to use and residency by persons 55 years of age or older, as defined by R.I. Gen. Laws § 34-37-4.1(a)(5), the Rhode Island Fair Housing Practices Act, as amended. 7.
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Aggrieved party § 1.2.5A person who can demonstrate that his or her property will be injured by a decision of any town official, board or commission responsible for administering the zoning ordinance, or a person requiring notice pursuant to title 45, chapter 24 of the general laws. 8.
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Agri-business § .3DE.1Certain farm-related businesses, including but not limited to: Retail sales of locally grown products of agriculture and aqua-culture including processed, cooked, and baked goods made with farm products; farm-to-table dining venues; family events, farmers markets of locally grown and raised products; processing of farm-raised beef, pork, chicken, lamb, game birds, fish as well as all other farm raised animals; fruits and vegetables; the processing of farm-raised crops. B.
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Agri-tourism § .3DE.21. Means any agriculturally based operation or activity that brings visitors to a farm. It encompasses a wide range of activities, including direct-to-consumer sales such as farm stands and u-pick, agricultural education through school visits, hospitality services like overnight farm stays, recreational activities such horseback riding and archery, meeting venues and hosting family events, and entertainment events like hayrides and harvest dinners. 2. Agri-tourism benefits surrounding communities by drawing tourists to rural areas, stimulating local economies, and fostering a greater appreciation for agricultural practices and local food systems. 3. Agri-tourism shall further be defined to include the following prohibited uses: Overnight music festivals; tractor pulls; monster trucks, dirt bike, motor cross or ATV competitions; live-fire or ammunition events excepting trap, skeet and clay shooting; carnivals, circus, fairs, or the like; unless an entertainment license is granted by the town council for a specific event. C.
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Agricultural land § 1.2.6Land suitable for agricultural use by reason of suitability of soil or other natural characteristics or past use for agricultural purposes. 9.
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Alternative tower structure § 8.2.10man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. (Ord. of 8-7-00; Ord. of 12-4-2023(1))
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Applicant § 1.2.7An owner or authorized agent of the owner who submits an application. 10.
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Application § 1.2.8The completed form or forms and all accompanying documents, exhibits and fees required for review, approval, or permitting purposes. 11. Area median income (AMI). The median household income as determined annually by the federal Department of Housing and Urban Development (HUD) and adjusted for household size by HUD and by Rhode Island Housing for the designated statistical area that includes the town as of the date of marketing of the housing unit to which it is being applied. 12.
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Aquifer § 7.2.1A saturated, permeable, geological formation that can yield significant quantifies of water to wells, springs or surface water bodies. B. Primary protection zone. Those areas designated as the primary protection zone on the map entitled, "Groundwater Protection Plan, Town of Exeter, Washington County, Rhode Island." C.
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Arterial street § 1.2.10A public street on which traffic circulates into, out of, or across the town or provides service for trips of moderate length. For the purposes of the zoning ordinance, arterial streets in Exeter include Route 2, Route 3, Route 102, and Route 165. 14.
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Articulation § 1.2.9The degree or manner in which a building wall or roofline is made up of distinct parts or elements. A highly articulated wall will appear to be composed of a number of different vertical and horizontal planes, usually made distinct by their change in direction (projections and recesses) and/or changes in materials, colors or textures. 13.
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Awning § 1.2.11An overhead cover of canvas or other material extending over building openings to provide protection from the sun and rain. 15.
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Bed and breakfast § 1.2.12An owner-occupied home that provides lodging and meals for a fee. Hosting functions such as weddings for a fee or in conjunction with the bed and breakfast use is prohibited. 16.
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Buffer § 1.2.13Land that is maintained in either its natural state or landscaped, and is used to screen or mitigate the impacts of development on surrounding areas, properties or rights-of-way. 17.
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Building § 1.2.14Any structure used or intended for supporting or sheltering any use or occupancy. 18.
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Building height § 1.2.15On all structures, building height is measured to the top of the highest point of the existing or proposed structure, excluding spires, chimneys, flag poles, and similar projections. On an undeveloped lot, building height is measured from the average existing-grade elevation where the foundation of the structure will be located. On an existing structure, building height is measured from the average grade of the outermost corners of the foundation. On a structure in a special flood hazard area, as shown on the official FEMA Flood Insurance Rate Maps, the base flood elevation on the FEMA map, plus up to five feet of any existing or proposed freeboard, less the average existing grade elevation, is excluded from the building height calculation. Freeboard is the number of feet the lowest floor of a structure must be elevated above the base flood elevation to provide safety. 19.
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Building inspector § 1.2.16An appointed official responsible for issuing building permits and examining all structures during the course of their erection, alteration, repair, moving or demolition. Also called a building official. 20.
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Cellular communications antenna array § 8.2.1the antenna or antennae from which wireless radio signals are sent and received by a personal wireless service facility as defined by the Telecommunications Act of 1996. It may, at the discretion of the the planning board, include no more than 12 antennae in one array and one microwave antenna for the exclusive use of the carrier in transmitting its own signals. It may also include an equipment shelter as an accessory use. A cellular or other communications antenna array may be public or private. (1)
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Cellular communications tower § 8.2.4a free-standing structure used for the location of one or more cellular communications antenna arrays. It may, where necessary, include an equipment shelter of no more than 120 square feet in floor area as an accessory use. A cellular communications tower may be public or private. (1)
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Cluster § 1.2.17A site-planning technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and/or preservation of environmentally, historically, culturally, or other sensitive features and/or structures. The techniques used to concentrate buildings shall be specified in 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. 21.
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Co-location § 8.2.7use of a common cellular or other tower or common site by two or more license holders or by one license holder for more than one type of communications technology. D.
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Common ownership § 1.2.18Ownership of two or more contiguous lots by the same individual, individuals, entity, or entities. Ownership by an association of property owners such as a homeowners' association. 22.
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Community residence § 1.2.19A residence defined in R.I. Gen. Laws § 45-24-31(15), as amended. 23. Comprehensive community plan. The document adopted and approved pursuant to Title 45, Chapter 22.2 of the General Laws.
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Conservation development § 1.2.20The site planning and design process used to implement cluster subdivisions and land developments, as defined in R.I. Gen. Laws § 45-24-31(13) Conservation development guides growth to the most appropriate areas within a parcel of land to avoid and minimize impacts to natural, cultural or recreational resources and other special features of the property, and requires the set-aside of a permanent area of open space. 25. Day care center. A facility that provides daytime care and supervision. 26. Day care, family day care home. A home where daytime care and supervision is provided for no more than eight individuals, including up to six individuals who are not related to the caregiver. 27. Density, residential. The number of dwelling units per unit of land.
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Development § 1.2.21The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure, any mining, excavation, landfill or land disturbance, any change in use, or alteration or extension of the use of land. 29.
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Development rights § 1.2.22Those rights to develop, expressed as the maximum number of dwelling units for residential parcels that could be permitted on a designated sending area parcel under the applicable zoning and subdivision regulations in effect on the date of the transfer of development rights. 30.
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Drainage system § 1.2.23A system for the removal of water from land by drains, grading or other appropriate means. Such techniques may include runoff control to minimize erosion and sedimentation during and after construction or development, the means for preserving surface [waters] and groundwaters and the prevention and/or alleviation of flooding and pollution. 31.
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Dwelling unit § 1.2.24A structure or portion thereof that provides permanent provisions for living, sleeping, eating, cooking and sanitation, and has a separate means of ingress and egress. 32.
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Equipment shelter § 8.2.8an enclosed structure, cabinet, shed or box used as an accessory to a cellular communications antenna array to house electrical equipment, batteries and emergency electrical generators, directly related to such antenna array. No other uses, including storage, shall be permitted in any equipment shelter. E.
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Extractive industry § 1.2.25The extraction of minerals including: Solids, such as coal, ores and gravel and soil material; liquids, such as crude petroleum; and gases, such as natural gases. The term includes quarrying; well operation; milling, such as crushing, screening, washing and flotation; and other preparation customarily done at the extraction site or as a part of the extractive activity. 33.
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Family events § .3DE.3Traditional events such as weddings, funerals, birthday or other events where third parties rent a meeting hall or tent on the farm for a defined time. The event shall have a maximum capacity as determined by the fire marshal and have parking sufficient for the maximum capacity. Outdoor amplified music during the event shall not be permitted. D.
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Family member § 1.2.27A person related by blood, marriage, or other legal means, including but not limited to a child, parent, spouse, mother-in-law, father-in-law, grandparent, grandchild, domestic partner, sibling, care recipient, or member of the household. 35.
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Farm § 1.2.28Five acres or more of land which is, together with principal and accessory buildings, actively devoted to agricultural or horticultural production and operated by an individual, partnership, or corporation that has filled a U.S. Internal Revenue Form 1040 (Schedule F) with the Internal Revenue Service and has a State of Rhode Island farm tax number, and has earned at least $2,500.00 gross income on farm products in either of the proceeding two years. 36.
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Farm brewery § 1.2.29A brewery that is located on a farm of no less than five acres and that produces beer which is manufactured with at least one primary ingredient (hops or grain) grown on the farm and whose annual production does not exceed 150,000 gallons of beer, and is in accordance with RI General Laws. A farm brewery may also sell beer at wholesale to retailers with the appropriate state license. A farm brewery is allowed to have a farm café as specified in the Exeter Zoning Ordinance Appendix A, Article II, Zoning, Sec. 2.4. — Zoning Use Table. 36A.
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Farm café § 1.2.30A farm-based café sells food and beverages prepared on-site, serving as a secondary use to the primary farm operation. The Rhode Island Department of Health licenses the kitchen, which cannot exceed 35 percent of the building's total area or 600 square feet maximum. The café offers single-service options only, with no takeout, requiring guests to order and pay at a service window before eating. The menu must prominently feature locally sourced ingredients, with at least 51 percent from local farms, and any unavailable products can come from within a 125-mile radius. 36B. Farm café kitchen. Is defined as a room that contains one or more of the following appliances, or is located within three feet of such appliances: A sink, which may include a dishwasher; a stove or other cooking appliances, such as an oven, microwave, or range. This area also encompasses essential spaces dedicated to food preparation, including workstations for tasks such as chopping, mixing, preparing, and assembling dishes, as well as organized preparation areas that facilitate meal preparation. The kitchen area shall not exceed 35 percent of the total gross floor area designated for the principal use and is restricted to a maximum allowable size of 600 square feet. 37. Fast food restaurant. Any business, the major operation of which is over the counter service, generating a high turnover of customers and a large volume of traffic. 38. Floodplain or flood hazard area. As defined in R.I. Gen. Laws § 45-22.2-4(9), as amended. 39.
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Farm kitchen § .3DE.4A fully licensed commercial kitchen for the preparation for on-site and off-site consumption of farm products such as, but not limited to jams, juices, spreads, meats, aquaculture, vegetables, fruits, berries, wines, beer products and related foodstuffs such as baked goods. Cooking classes and food competitions are permitted. A farm kitchen may not include a restaurant but may prepare and serve food for family events and agri-tourism events. E.
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Farm stand § .3DE.7A seasonal, sheltered area with shelves and counters for displaying and selling locally grown or produced items. H.
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Farm store § .3DE.8A farm store with an on-site kitchen for the retail sale of products grown, harvested, and processed locally. The kitchen must comply with the farm café ordinance. The store prioritizes the farm-to-consumer experience, highlighting local sourcing and production. I.
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Farmers market § .3DE.5The sale of locally grown and available products during daylight hours or during special farm events. F.
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Farmland § .3DE.6The applying land has been approved as Farmland pursuant to R.I. Gen. Laws § 44-27-3 for a minimum of five (5) years prior to the date of application. G.
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Façade § 1.2.26The front of a building or any of its sides facing public spaces, frequently distinguished by distinctive architectural treatment. 34.
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Front § 1.2.49The lot line separating a lot from a street right-of-way. On an interior lot, the front lot line is the lot line abutting a street. On a developed corner lot, the front lot line is the lot line currently used for that purpose. On an undeveloped corner lot, the front lot line is the lot line chosen by the property owner when initial development begins. On a through lot, the lot line abutting the street providing the primary access to the lot.
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Glacial deposits § 7.2.2The boulders, rocks, gravel, sand, silt and clay that overlie and generally conceal the bedrock. D.
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Greenhouse § 1.2.31
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Greenhouse § 1.2.32Tier I (less than two acres undercover). Traditional hoop house, gable, A-frame, gothic arch, geodesic dome, saw tooth and lean-to structures constructed of wood, metal piping (aluminum or steel) solid polycarbonate, acrylic and fiberglass) glass walls and roofs that are customarily accessory to a principal use and do not exceed two acres undercover either by an individual structure of in aggregate for a series of structures on the same property. Houses in this category comprised of aluminum, wood or plastic PVC pipes covered with polymer plastic coverings are exempt from the coverage calculation. Unlike a Tier II and III CEA Greenhouse facilities this category employs less advanced forms of heating ventilation (HVAC) systems, water recycling, computer-managed techniques and automation and does not include floor area specifically dedicated to administration, employees, washrooms, grading, warehousing, distribution and loading docks.
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Greenhouse § 1.2.33Tier II (two to four acres undercover). A structure or structures with walls and roof made chiefly of solid transparent material, such as glass, polycarbonate, acrylic used for the cultivation or protection of tender plants. These structures could be solitary structures or are a series of structures designed for the protection of tender or out-of-season plants against excessive cold or heat. The Tier II greenhouse category limits the area undercover to the growth of plants and does not include floor area specifically dedicated to administration, employees, washrooms, warehousing, distribution and loading docks. Greenhouses in this category comprised of aluminum, wood or plastic PVC pipes covered with polymer plastic coverings are exempt.
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Greenhouse § 1.2.34Tier III CEA Facility (greater than 4 acres undercover). Controlled Environmental Agricultural Facility (CEA facility) is a commercial structure that includes related equipment and appurtenances that combine engineering, horticultural science, and computer management techniques to optimize hydroponics, plant quality, and food production efficiency from the land's water for human or livestock consumption. The primary purpose of this commercial facility is to grow crops and obtain a monetary profit from the sale of plant-based food for human or livestock consumption. Unlike Tier I or Tier II greenhouses, this facility is more advanced and utilizes intensive forms of hydroponically-based agriculture along with automation to optimize horticultural practices in sophisticated climate-controlled buildings. These are glass and steel structures that often harvest roof top rainwater and are controlled by state-of-the-art computers that are able to monitor climate 365 days of the year, 24 hours a day, and make smart adjustments, data-driven adjustments, in order to maximize crop productivity, efficiency, reduce production losses. These facilities often include floor area dedicated to administration, employees, washrooms, harvesting, grading, warehousing, and distribution alongside structured parking and loading docks either as part of the facility or attached thereto. 40. Gross floor area. The sum of the gross horizontal areas of all floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. Gross floor area does not include basements when at least one-half the floor-to-ceiling height is below grade, accessory parking (i.e., parking that is available on or off-site that is not part of the use's minimum parking standard), attic space having a floor-to-ceiling height less than seven feet, exterior balconies, uncovered steps, or inner courts. 41.
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Groundwater § 7.2.3Water found underground which completely fills the open spaces between particles of sand, gravel, clay, silt and consolidated rock fractures. E.
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Groundwater classification § 7.2.5A program developed under the 1985 Groundwater Protection Act that authorizes the RIDEM to classify groundwater sources into four categories (GAA, GA, GB and GC): 1. Class GAA: Suitable for public drinking water supply without treatment, and delineated as the critical portion of the recharge area to the groundwater reservoirs, and the 2,000-foot radius circle around community water supply wells. 2. Class GA: Suitable for public or private drinking water supply without treatment, but does not meet GAA delineation criteria. 3. Class GB: Unsuitable for public or private drinking water supply without treatment, due to known or presumed degradation. G.
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Groundwater Protection Act § 7.2.4G.L. 1956, § 46-13.1, passed in 1985 and heretofore amended. This law establishes a policy of maintaining and restoring groundwater quality in Rhode Island for potable water. F.
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Groundwater recharge § 7.2.6A process through which precipitation on surface water infiltrates and drains to the zone of saturation. H.
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Groundwater reservoir § 7.2.7Those stratified drift deposits having a saturated thickness greater than or equal to 40 feet and a transmissivity greater than or equal to 4,000 square feet per day and can yield significant amounts of groundwater. I.
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Groundwater. As defined in R.I. Gen § 1.2.35Laws § 46-13.1-3(6), as amended. 42.
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Hazardous materials § 7.2.14A product or waste, or combination of substances, that because of quantity, concentration or physical or chemical or infectious characteristics, poses, in the zoning board's judgement a substantial present or potential hazard to human health, safety or welfare, or the environment when improperly treated, stored, transported, used or disposed of or otherwise managed. Any substance deemed a hazardous waste or material under applicable federal or state law shall also be deemed a hazardous material for this section. Toxic or hazardous materials include organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalies, and include products such as pesticides, herbicides, solvents, fuels and thinners. P. Best management practices (BMP). Means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices designed to prevent or reduce the degradation of the town's groundwater to the maximum extent possible. Q. Underground storage tank. Means any one or combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of petroleum product or hazardous material, and the volume of which (including the volume of the underground pipes connected thereto) is ten percent or more beneath the surface of the ground.
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Height § 8.2.9the distance measured from ground level to the highest point on a cellular communications tower including the cellular communications antenna array. F. Other communications tower shall include broadcast television or radio and other non-cellular telecommunications towers. This use includes above grade towers, including self-supporting lattice towers, guy towers or monopole towers or similar structures more than 35 feet in height for communications equipment and principally intended for the transmittal or reception of commercial, governmental, and related radio, television, and similar telecommunication signal of a non-cellular nature. G.
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Home occupation § 1.2.36Any activity customarily carried out for gain by a person in the person's dwelling as an accessory to the principal residential use. 43.
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Hotel § 1.2.37A building designed and intended for temporary lodging offered to the public for compensation, divided into separate units within the same building, and where additional services such as restaurant, meeting, conference and recreational facilities may be provided for both guest and non-guest use. 44.
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Household § 1.2.38One 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. The term "household unit" is synonymous with the term "dwelling unit" for determining the number of units allowed in a structure. An individual household consists of a family, which may also include servants and employees living with the family, or three or more unrelated persons living together. 45.
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Impervious § 7.2.8That area of a lot that is impenetrable by surface water because it is covered by pavement, principal and accessory buildings, etc. J.
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Infrastructure § 1.2.39Facilities and services needed to sustain residential, commercial, industrial, institutional, and other activities. 46.
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Junk § 1.2.40Items including, but not limited to, old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, construction debris, waste; or junked, dismantled or wrecked automobiles, or parts thereof; and iron, steel and other old or scrap ferrous or nonferrous material. 47.
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Junkyard § 1.2.41The use of any lot, whether inside or outside a building, where an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk. 48. Kennel, Class 1. A fully enclosed/indoor structure or establishment other than a pound or animal shelter where over ten dogs are kept, owned, trained and/or boarded. 49.
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Kennel Class 2 § 1.2.42A structure or establishment other than a pound or animal shelter where four to ten dogs are kept, owned, trained and/or boarded. 50. Land development project. A project in which one or more lots, tracts, or parcels of land are developed or redeveloped as a coordinated site for a complex of uses, units, or structures for residential, commercial, institutional, recreational, open space, or mixed uses. 51. Land disturbing activity. Any physical disturbance of land, including but not limited to clearing and grubbing for future development; excavating; filling; grading; or construction or demolition of a structure. 52. Land unsuitable for development. Land with natural or man-made limitations that make it unsuitable for development. Land unsuitable for development shall be excluded from density calculations in conservation developments, rural residential compounds, and planned districts, and may not be considered as part of the minimum lot area required. Land unsuitable for development includes freshwater wetlands but not the area within any regulatory wetland buffer; special flood hazard areas A and A1 through A30, as shown on the FEMA Flood Insurance Rate Maps, as amended; and land within any publicly or privately held easement on which above-ground utilities, including but not limited to electrical transmission lines, are constructed. Land shall not be classified as unsuitable for development solely because of its natural gradient. 53.
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Landscaping business § 1.2.43Any business whose purpose is to change or improve the natural scenery of a business or residence by placing or arranging trees, bushes, shrubs, ornamental grasses or other vegetation and also maintaining existing vegetation by pruning, mowing or other normal vegetative maintenance and also includes installation and maintenance of landscape features such as decorative ponds, waterfalls or other water elements as part of an overall landscape design. 54.
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Lot § 1.2.44Either: (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 is recognized as a separate legal entity for purposes of transfer of title. 55.
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Lot area § 1.2.45The total area within the boundaries of a lot, including at a minimum, one acre of contiguous land that is suitable for development, usually reported in acres or square feet. 56. Lot building coverage. That portion of the lot that is or may be covered by buildings and accessory structures. 57.
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Lot depth § 1.2.46The distance measured from the front lot line to the rear lot line. For lots where the front and rear lot lines are not parallel, the lot depth is an average of the depth. 58.
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Lot frontage § 1.2.47That portion of a lot abutting a public street or a private street on an approved plat. Lot frontage must be contiguous to meet minimum frontage requirements. 59.
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Lot line § 1.2.48A 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:
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Lot width § 1.2.52The 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. 62.
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Low-income household § 1.2.53A household with an adjusted gross income that is 80 percent or less of the area median income as determined by Rhode Island Housing. 63. Low or moderate-income housing. See "affordable housing." 64.
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Massing § 1.2.54The three-dimensional bulk of a structure consisting of its height, width, and depth. 65. Maximum gross building footprint per retail structure. The maximum gross building footprint per retail structure shall be calculated by including the total footprint in square feet of all indoor space devoted to storage, display, and/or sale of goods to be sold at retail, and sales areas for retail goods located on the same or on contiguous lots or parcels of land for a single or commonly controlled retail business operation. Thus, even if more than one structure is utilized for a single or commonly controlled retail business operation, the combined gross footprint may not exceed 40,000 square feet. Nothing herein is intended to prohibit multiple retail structures on a single lot from exceeding a total of 40,000 square feet, as long as they are not for a single or commonly controlled retail business operation. 66.
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Mixed use § 1.2.55A mixture of land uses within a single development, building, or tract. 67. Mixed use commercial development. Commercial development in a business zone that contains a mix of commercial and residential uses as provided for in article 4, section 4.6 of this ordinance. A mixed use commercial development is considered a land development project. 68. Mobile home or trailer. A structure designed or used for residential occupancy built upon or having a frame or chassis to which wheels may be attached by which it may be moved upon a highway, whether or not such structure actually has, at any given time, such wheels attached, or is jacked up or skirted, or attached to a permanent foundation. 69. Moderate income household. A household with an adjusted gross income that is more than 80 percent but less than 120 percent of the area median income as determined by Rhode Island Housing. 70.
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Modification § 1.2.56A dimensional variance granted by the zoning inspector pursuant to section 1.4 of this ordinance. 71.
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Motel § 1.2.57A building intended and designed for transient or overnight occupancy, divided into separate units within the same building, and with or without public dining room facilities. 72. Municipal government subsidy. Assistance that is made available through a town program sufficient to make housing affordable, as affordable housing is defined in this ordinance. Such assistance may include, but is not limited to, direct financial support, waiver of fees and charges, and approval of density increases or adjustments, or any combination of forms of assistance. 73.
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Natural vegetation § 1.2.58Trees, shrubs, grass, or other plants which grow naturally or have been planted. 74.
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Nonconformance § 1.2.59A building, structure, or parcel of land, or use thereof, lawfully existing at the time of the adoption or amendment of the Exeter zoning ordinance and not in conformity with the provisions of such ordinance or amendment. Nonconformance shall be of only two types:
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Nonconforming by dimension § 1.2.61A building, structure or parcel of land not in compliance with the dimensional regulations of the Exeter zoning ordinance. Dimensional regulations include all regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building or structure containing more dwelling units than are permitted by the use regulations of the Exeter zoning ordinance shall be nonconforming by use, a building or structure containing a permitted number of dwelling units by use regulations of the zoning ordinance, but not meeting the lot are per dwelling unit regulations, shall be nonconforming by dimension. 75.
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Nonconforming by use § 1.2.60A lawfully established use of land, building or structure which is not a permitted use in that zoning district. A building or structure containing more dwelling units than are permitted by the use regulations of a zoning ordinance shall be nonconforming by use.
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Overlay district § 1.2.62A zoning district that is superimposed on one or more other zoning districts or parts of districts and that imposes specified requirements in addition to but not less than those otherwise applicable to the underlying zone. 76.
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Overlay districts § .3DE.9An overlay district is a land use zoning district that overlays existing ones. It can either provide additional support with fewer regulations or impose stricter limits, depending on its intent and the specific needs of an area that may require greater protection. Per R.I. Gen. Laws § 45-24-31(55), an overlay district is a district established in a zoning ordinance 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. Another type of overlay district is a "floating" overlay zone, which, according to R.I. Gen. Laws § 45-24-31(28), can operate as an unmapped zoning district adopted within the ordinance and established on the zoning map only when an application for development meeting the zone requirements is approved. Floating overlay districts are not automatically granted as a matter of right; rather, they are subject to specific eligibility criteria, performance standards, and the discretion of the town council. This overlay district is layered atop the existing underlying zoning, serving as an additional regulatory framework rather than a mandatory entitlement. Its approval is contingent upon a thorough evaluation and is not guaranteed. J.
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Owner § 1.2.63A partnership, corporation, or company, or a person who alone, or jointly or severally with others, has legal title to a premises or has control of a premises as agent, executor, executrix, administrator, trustee, guardian of the estate of the holder of legal title, or the holder of equitable title. 77.
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Performance standards § 1.2.64Criteria that a particular use or process must meet or may not exceed. 78.
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Permitted use § 1.2.65A use that is specifically authorized by right in a particular zoning district. 79. Planned village development (PVD). A type of major land development project permitted only within the planned village overlay zoning district that incorporates a mix of residential and nonresidential uses in a compact, walkable environment in compliance with the standards set forth in article X of this ordinance. 80.
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Plant agriculture § 1.2.66The growing of plants for food or fiber, or to sell or consume. It is a permitted use in all zoning districts, including all industrial and commercial zoning districts, except where prohibited for public health or safety reasons or the protection of wildlife habitat. 81. Public water supply. Means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least 15 service connections or regularly serves at least 25 individuals daily at least 60 days out of the year. Such term includes: Any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system, and Any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. 82.
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Preapplication conference § 1.2.67A discussion of a proposed development between the applicant and the official or board with the authority to approve the development. A preapplication conference takes place before a formal application is submitted. 83.
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Private communications antenna array § 8.2.3any antenna used for a private purpose and owned by a private person, partnership, corporation, organization, association or any entity subject to taxation. B.
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Private communications tower § 8.2.6any tower used for a private purpose and owned by a private person, partnership, corporation, organization, association or any entity subject to taxation. C.
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Public cellular communications antenna array § 8.2.2any antenna used exclusively for governmental functions and owned by the United States of America, the state, or the town, or any political subdivision duly authorized to own and operate a cellular communications array. (2)
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Public cellular communications tower § 8.2.5any tower structure used exclusively for a governmental function and owned by the United States of America, the state, or the town, or any political subdivision duly authorized to own and operate a cellular communications tower. (2)
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Rear § 1.2.50The lot line opposite and more distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, an assumed line at least ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
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Residential compound § 1.2.68A parcel of land containing lots for single-family dwellings having an average overall density of no greater than one dwelling unit per ten acres of land. 84.
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Restaurant § .3DE.10A full-time venue, open to the general public, solely for dining with waitstaff, tables and chairs. (Ord. of 7-7-2025(1))
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Rhode Island Housing § 1.2.69The Rhode Island Housing and Mortgage Finance Corporation, an agency of the State of Rhode Island. 85.
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Roofline § 1.2.70The top covering of a building which may consist of a variety of styles including, but not limited to: Gable roof, hip roof, shed roof, and gambrel roof. 86.
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Scale § 1.2.71The general feeling of mass and size of a building as it relates to that of other buildings along a street or block front. 87.
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Setback line § 1.2.72A line parallel to the property line marking the required depth of the front, side, or rear yard. 88.
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Short-term rental § 1.2.73The occupancy or use, for a fee, of all or portions of a dwelling unit by anyone for tourist or transient use for a period of fewer than 30 consecutive calendar days. Hotels, motels and bed and breakfasts are excluded from this definition. 89.
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Side § 1.2.51Any lot line other than a front on rear lot line. On a corner lot, a side lot line is along the street lot line other than the front lot line. 60. Lot, through. A lot other than a corner lot that fronts on two substantially parallel streets, or fronts on two streets that do not intersect at the boundaries of the lot. 61.
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Site plan § 1.2.74The development plan for one or more lots on which is shown the existing and/or proposed conditions of the lot. 90. Solar energy facility. The equipment and requisite hardware that provide and are used for collecting, transferring, converting, storing, or using incident solar energy for applications that would otherwise require the use of a conventional source of energy such as petroleum products, natural gas, manufactured gas or electricity produced from a non-renewable source. This shall include photovoltaic arrays and installations that utilize building-mounted and/or ground-mounted systems. Definitions applicable to solar energy facilities are as follows: Accessory building-mounted solar array. A solar energy system that is incidental and subordinate to the principal use(s) of the parcel, where the power produced can be used onsite, virtual net metered or sold back to the electric distribution company. An accessory building-mounted system shall be installed only on the roof of a structure. Building-mounted solar energy facility. A solar energy system that is structurally appended to the roof of a building or structure. Ground-mounted solar energy facility. A solar energy system that is structurally appended to the ground and is not supported by a structure or building. iv. Large-scale solar energy facility. A solar energy system that occupies 40,000 square feet up to 220,000 square feet, inclusive of inter-row and panel/collector spacing. v. Medium-scale solar energy facility. A solar energy system that occupies more than 1,600 square feet but less than 40,000 square feet of area, inclusive of inter-row and panel/collector spacing. vi. Small-scale solar-energy facility. A solar energy system that occupies 1,600 square feet of area or less, inclusive of inter-row and panel/collector spacing. vii.
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Solar canopy § 1.2.75A solar energy facility that is located on a new elevated structure that hosts solar panels and provides shelter to a parking area, driveway or walkway underneath. viii. Solar land coverage. The total footprint of land occupied by all components of a solar energy system including but not limited to solar panels, mounting equipment, ancillary components of the system, inter-row and panel/collector spacing, access, and all other areas within the required perimeter fencing. ix. Utility-scale solar energy facility. A solar energy system that occupies more than 220,000 square feet of area, inclusive of inter-row and panel/collector spacing. 91.
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Special use § 1.2.76A conditionally permitted use that may be established with a special use permit issued by the zoning board of review or the planning board. See article I, section 1.3(F). 92.
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Stratified drift § 7.2.9A glacial deposit consisting of interceded lenses of stratified and sorted gravel, sand and silt. K.
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Street § 1.2.77A public or private thoroughfare used for passage or travel by motor vehicles. 93.
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Street line § 1.2.78A lot line that separates a lot from a street. 94.
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Structure § 1.2.79A combination of materials to form a construction for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land or water. 95. Substandard lot of record. Any lot lawfully existing at the time of adoption or amendment of this ordinance and not in conformance with the dimensional and/or area provisions of the ordinance. 96. Transfer of development rights. The ability to separate development rights from a particular parcel and use them to increase the development potential on another. 97.
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Till § 7.2.10A glacial deposit consisting of a poorly sorted mixture of boulders, gravel, sand, silt and some clay. L.
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Transmissivity § 7.2.13A measure of the ability of an aquifer to transmit a fluid. O.
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Use § 1.2.80The purpose or activity for which land or buildings are designed, arranged, or intended, or for which land or buildings are occupied or maintained. 98.
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Variance § 1.2.81Permission to depart from the literal requirements of the zoning ordinance. See section 1.3(E). 99.
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Water table § 7.2.11The upper surface [water] or groundwater in the zone of saturation. M.
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Waters § 1.2.82As defined in R.I. Gen. Laws § 46-12-1(23). 100.
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Yield plan § 1.2.83A plan of a conventional (as opposed to a conservation) subdivision that depicts the maximum number of building lots or dwelling units that could reasonably be built on a parcel of land in compliance with this ordinance, taking into account land unsuitable for development. No lot shall be considered buildable unless it can be shown to have a minimum of one acre (43,560 sq. ft.) of contiguous, accessible land that is free of wetlands, water bodies, street rights-of-way, and electrical power line easements. 101.
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Zone of saturation § 7.2.12That subsurface area below the water table where gravel, sand, silt or clay pore spaces are completely filled with water. N.
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Zoning certificate § 1.2.84A document signed by the zoning inspector that acknowledges that a use, structure, building or lot either complies with or is legally nonconforming to the provisions of this zoning ordinance, or is an authorized variance, special use, or modification. 102.
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Zoning inspector § 1.2.85A person elected by the people of the Town of Exeter who is charged with the responsibility of enforcing the provisions of this zoning ordinance and recording all amendments of the ordinance on the record copy of the zoning ordinance. 103.
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Zoning map § 1.2.86The map that is part of this zoning ordinance and that delineate the boundaries of all mapped zoning districts within the physical boundaries of the town. 104.
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Zoning ordinance § 1.2.87The zoning ordinance enacted by the town council pursuant to Title 45, Chapter 24 of the General Laws that sets forth regulations and standards relating to the nature and extent of uses of land and structures, is consistent with the comprehensive plan, and includes the zoning map. (Ord. of 5-25-00, § I; Ord. of 1-6-03(2), § 4; Amd. of 3-3-03; Amd. of 10-5-04; Amd. of 3-6-06, § 1; Ord. of 8-7-06, § 1; Amd. of 5-7-07; Amd. of 6-4-07; Ord. of 9-4-07, § 1; Amd. of 4-7-08; Amd. of 4-6-09; Ord. of 9-27-12, Exh. 1; Amd. of 10-6-14, § 1; Amd. of 9-4-18; Amd. of 2-4-19, § 3; Amd. of 4-5-21; Ord. of 3-9-23, § 1; Ord. of 12-4-23(1); Ord. of 1-6-25(1); Ord. of 5-5-2025(1))