Definitions — Town of Middletown

A-FRAME SIGN § 1202.1

A temporary sign normally supported by its own frame in a manner that usually forms an "A" when in use; also referred to as aSANDWICH or TENT SIGN.

ABANDONED SIGN § 1202.2

A sign that pertains to a use, time or event which no longer exists or when the purpose for which the permit for the sign was approved has been fulfilled or no longer exists.

ABUTTER § 400.1

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

Abutter § 2.1

One whose property abuts, that is, adjoins at a border, boundary, or point with no intervening land, or being separated from such a common border by a right-of-way, alley, or easement.

ACCESSORY DWELLING UNIT (ADU) § 400.2

A residential living unit on the same lot where the principal use is a legally established single-family dwelling unit or multi-family dwelling unit. AnADUprovides complete independent living facilities for one or more persons. It may take various forms including, but not limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; or a unit that is part of an expanded or remodeled primary dwelling.

ACCESSORY EQUIPMENT STRUCTURE § 400.3

An unstaffed building, box, cage or other structure used to house and protect equipment necessary for processing wireless telecommunications signals. Associate equipment may include air conditioning and emergency generators.

ACCESSORY SIGN § 1202.3

Signs pertaining to the general use of a premises, such as signs prohibiting patrons without shirts or shoes, trespassing, hunting or swimming, unleashed dogs, and the like.

ACCESSORY STRUCTURE § 1005.1

A structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.

ACCESSORY USE § 400.4

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

ADAPTIVE REUSE § 400.5

As defined in R.I. Gen. Laws § 42-64.22-2.

ADDRESS SIGN § 1202.4

A type of sign displaying only one or more of the following: (1) The name or names of any occupant; (2) The street number and name; and (3) Identification of a use or activity conducted on the premises.

ADJUSTMENT(S) § 1703.1

Requests by the application to seek relief from the literal use and dimensional requirements of the zoning ordinance and/or the design standards or requirements of the land development and subdivision regulations. The standard for the local view board's consideration of adjustments is set forth in R.I. Gen. Laws § 45-53-4(d)(2)(iii)(E)(II).

ADMINISTRATIVE OFFICER § 1703.2

For proposes of this subchapter, the Town Planner is designated as the Administrative Officer.

Administrative Officer § 2.2

The municipal official(s) designated by the local regulations to administer the land development and subdivision regulations and to review and approve qualified applications and/or coordinate with local boards and commissions, municipal staff and state agencies as set forth herein. For purposes of these Rules and Regulations, the Town Planner is designated as the Administrative Officer.

Administrative subdivision § 2.3

Subdivision of existing lots which yields no additional lots for development and involves no creation or extension of streets. This subdivision only involves division, mergers, mergers and division, or adjustments of boundaries of existing lots.

AFFORDABLE HOUSING PLAN § 1703.3

The town's Five Year Affordable Housing Action Plan.

AGGRIEVED PARTY § 400.6

An aggrieved party, for purposes of this chapter, shall be: (a) Any person(s) or entity or entities who can demonstrate that their property will be injured by a decision of any officer or agency responsible for administering the zoning ordinance of a city or town; or (b) Anyone requiring notice pursuant to this chapter.

AGRICULTURAL AWARENESS PROGRAM § 400.7

An educational or recreational program, which is clearly incidental and subordinate to the primary agricultural use, that enables non-farm residents, including children, to reconnect to the rural character of the land. Such programs may include farm or garden tours, seminars and lectures; petting zoos or children's farms; hay rides; corn mazes; and similar activities.

AGRICULTURAL LAND § 400.8

As defined in R.I. Gen. Laws § 45-22.2-4, land suitable for agriculture by reason of suitability of soil or other natural characteristics or past use for agricultural purposes.AGRICULTURAL LANDincludes that defined as prime farm land or additional farm land of statewide importance for Rhode Island by the Soil Conservation Service of the United States Department of Agriculture.

AGRICULTURAL OPERATIONS § 400.9

Any commercial enterprise which has as its primary purpose horticulture, viticulture, viniculture, floriculture, forestry, dairy farming, or aquaculture, or the raising of livestock, furbearing animals, poultry or bees, or as such definition may be amended from time to time in R.I. Gen. Laws § 2-23-4, entitled "The Rhode Island Right to Farm Act."

AGRICULTURAL PRODUCTS § 400.10

Cultivated or raised plant and animal life that has been harvested or processed for consumption, including feed and forage; floriculture and nursery products; grains; herbs; vegetables; fruits and nuts; viticulture; honey; eggs; dairy; cattle; sheep; poultry; game and game birds; and fiber for clothing.

AIRPORT HAZARD AREA § 400.11

Any area of land or water upon which an airport hazard might be established as provided in R.I. Gen. Laws § 1-3-2.

ANTENNA § 400.12

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

ANTENNA, POLE-MOUNTED § 400.13

An antenna attached to or upon an electric transmission or distribution pole of 12 kVolts or greater, a street light, a traffic signal or similar facility located within the public right-or-way or a utility easement. A pole-mounted antenna shall not be considered a communications tower.

APPLICANT § 400.14

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

APPLICANT § 1703.4

An applicant for comprehensive permit approval by the Planning Board, which also includes his/her authorized agents or representatives.

Applicant § 2.4

The applicant for subdivision approval by the Planning Board, which also includes his/her authorized agents or representatives. For purposes of these Rules and Regulations, the terms applicant, subdivider and developer shall be synonymous.

APPLICATION § 400.15

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.

AREA OF SPECIAL FLOOD HAZARD § 1005.2

See definition for “special flood hazard area.”

Arterial § 2.45

A major street that serves as an avenue for the circulation of traffic into, out of, or around the municipality and carries high volumes of traffic.

AWNING SIGN § 1202.5

A style of sign that is painted on, printed on, or attached flat against and parallel to the surface of an awning.

BACKLIT SIGN § 1202.6

A sign with individual translucent back-lit letters silhouetted against an opaque surface.

BASE FLOOD § 1005.3

The flood having a 1% chance of being equaled or exceeded in any given year.

Base Flood § 2.6

The flood having a one percent chance of being equaled or exceeded in any given year; i.e., flood resulting from a 100-year frequency storm.

Base Flood Elevation § 2.5

The water surface elevation of the base flood.

BASE FLOOD ELEVATION (BFE) § 1005.4

The elevation of the crest of the base flood or 100-year flood. The height, as established in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum where specified), in relation to mean sea level expected to be reached by the waters of the base flood at pertinent points in the floodplains of coastal and riverine areas.

BASEMENT § 1005.5

Any area of the building having its floor subgrade (below ground level) on all sides.

BASIC NUMBER OF LOTS/UNITS § 400.16

The number of lots or units to be allowed in a proposed conservation subdivision/land development project, equal to the maximum number of lots which could reasonably be expected to be developed upon the parcel in a conventional subdivision.

Beaches and barrier beaches; § 400.42

Board of appeal § 2.7

The local review authority for appeals of actions of the Administrative Officer, which shall be the local zoning board of review constituted as the board of appeal. See R.I.G.L. 45-23-57.

Bond § 2.8

See improvement guarantee.

BOX SIGN § 1202.7

A sign consisting of an enclosed box or cabinet with copy on one or more sides which encloses an integrated light source that can shine through the sides or face of the sign, which consists of a single transparent or translucent material such as a Plexiglas or lexan.

BUFFER § 400.17

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.

BUILDABLE AREA § 400.18

That portion of a lot bounded by the required front, side and rear yards, within which principal structures may be sited.

Buildable lot § 2.9

A lot where construction for the use(s) permitted on the site under the local Zoning Ordinance is considered practicable by the Planning Board, considering the physical constraints to development of the site as well as the requirements of the pertinent federal, state and local regulations. See R.I.G.L. 45-23-60 (4).

BUILDING § 400.19

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

BUILDING § 1005.6

See definition for “structure”.

BUILDING ENVELOPE § 400.20

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

BUILDING HEIGHT § 400.21

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, flag poles, 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), or depicted on the Rhode Island Coastal Resources Management Council (CRMC) Suggested Design Elevation Three Foot Sea Level Rise (CRMC SDE 3 SLR) Map as being inundated during an 100 year storm, the greater of the following amounts, expressed in feet, shall be excluded from the building height calculation: (a) The base flood elevation on the FEMA FIRM plus up to five feet of any utilized or proposed freeboard, less the average existing grade elevation; or (b) The suggested design elevation as depicted on the CRMC SDE 3 SLR Map during an 100 year storm, less the average existing grade elevation. CRMC shall reevaluate the appropriate suggested design elevation map for the exclusion every ten years, or as otherwise necessary.

BUILDING TENANT DIRECTORY SIGN § 1202.9

A wall-mounted sign next to an entrance door that identifies the tenants the door provides access to.

BUILDING-MOUNTED FACILITY § 400.22

A wireless telecommunications facility that: (a) Is located in or on an existing building; (b) Utilized one or more antennas and/or accessory equipment mounted on the roof or exterior of the building; and (c) Does not qualify as a disguised facility.

BUILDING-MOUNTED SIGNS § 1202.8

A method of display in which a sign is mounted on the vertical surface of a building, includes wall, projecting, and awning signs.

BUILDING-MOUNTED WIND TURBINE § 25A02.1

A wind turbine mounted on an existing building.

BULK MATERIALS § 400.23

Unpackaged, inorganic and organic solid matter, capable of releasing visible fugitive dust, including sand, gravel, stone, soil, aggregate, seashells, wood chips, mulch, reclaimed concrete, asphalt or road materials, or other like material.

CABINET SIGN § 1202.10

SeeBOX SIGN.

CAMPGROUNDS § 400.24

One or more lots used for seasonal, overnight residential occupancy in permanent or semi-permanent structures, such as cabins, tents with tent platforms, or similar shelters; and further provided that a campground may include any necessary permanent structures accessory to the principal use.

CEMETERY § 400.25

A burial ground, memorial park and/or site where human remains are buried or entombed.

Certificate of completeness § 2.10

A notice issued by the Administrative Officer informing an applicant that the application is complete and meets the requirements of the municipality's regulations, and that the applicant may proceed with the review process.

CHANGEABLE COPY SIGN § 1202.11

A sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face of the sign.

CHANNEL LETTER SIGN § 1202.12

A sign consisting of individual letters with translucent faces, containing soft lighting elements inside each letter.

CLEANING AND DYEING PLANT § 400.26

An industrial facility which uses cleaning or other chemical processes to clean clothing or other materials. Such facilities may include processes which change the color of the materials.

Cliffs, ledges and bluffs; § 400.43

CLUB (NONPROFIT) § 400.27

A corporation subject to the provisions of R.I. Gen. Laws, Title 7, Chapter 6, owning, hiring or leasing of a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members, and whose affairs are conducted by a board of directors, executive committee or other similar body chosen by the members, offices, agents or employees profit from the distribution or sale of beverages to the members of the club or to its guests beyond the amount of such reasonable salary or wages as may be fixed and voted each year by the directors or other governing body.

CLUSTER DEVELOPMENT § 400.28

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, culturally, or other sensitive features and/or structures. The techniques used to concentrate buildings 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 permitted under conventional development, except as provided, including incentive bonuses for certain types or conditions of development.

CO-LOCATION § 400.29

The erection of more than one antenna, for different wireless telecommunications providers, on a single communications tower or on an existing structure which already supports one or more antennas.

COASTAL A ZONE § 1005.7

Area within a special flood hazard area, landward of a V Zone or landward of an open coast without mapped V Zones. The principal source of flooding must be astronomical tides, storm surges, seiches, or tsunamis, not riverine flooding. During the base flood conditions, the potential for breaking wave heights shall be greater than or equal to 1.5 feet.

Coastal wetlands; § 400.44

Collector § 2.46

A street whose principal function is to carry traffic between local streets and arterial streets but that may also provide direct access to abutting properties.

COLUMBARIUM § 400.30

A structure with recesses for cremation remains urns.

COMMON OWNERSHIP § 400.31

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

COMMUNICATIONS TOWER(S) § 400.32

A structure designed and used only to support one or more antennas and related equipment for the reception and/or transmission of electromagnetic waves. A tower used solely for amateur radio communications by a licensed amateur radio operator shall not be subject to this chapter.

COMMUNITY RESIDENCE § 400.33

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) Whenever six or fewer children or adults with retardation reside in any type of residence in the community, as licensed by the state pursuant to R.I. Gen. Laws Title 40.1, Chapter 24. All requirements pertaining to local zoning are waived for these community residences; (b) A group home providing care or supervision, or both, to not more than eight persons with disabilities, and licensed by the state pursuant to R.I. Gen. Laws Title 40.1, Chapter 24; (c) A residence for children providing care or supervision, or both, to not more than eight children including those of the care giver and licensed by the state pursuant to R.I. Gen. Laws Title 42, Chapter 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 that residence not less than 60 days nor more than two years. Residents will have access to and use of all common areas, including eating areas and living rooms, and will receive appropriate social services for the purpose of fostering independence, self-sufficiency, and eventual transition to a permanent living situation.

COMPREHENSIVE PLAN § 400.34

The plan adopted and approved pursuant to R.I. Gen. Laws § 45-22-2 and to which any zoning adopted pursuant to this chapter shall be in compliance.

COMPREHENSIVE PLAN § 1703.5

Town of Middletown Comprehensive Community Plan (1992); and any amendments thereto as adopted by the Town Council.

Concept plan § 2.11

A drawing with accompanying information showing the basic elements of a proposed land development plan or subdivision as used for pre-application meetings and early discussions, and classification of the project within the approval process.

CONGREGATE HOUSING § 400.35

Housing which includes common use areas and may include common dining and recreational areas.CONGREGATE HOUSINGincludes nursing homes, assisted living facilities and other similar facilities with common dining and recreational areas.

CONSERVATION DEVELOPMENT § 400.36

A site planning technique which bases the layout of building lots on the natural characteristics of the land and reduces lot sizes so that the remaining land can be used for recreation, common open space, and/or preservation of environmentally, historically and culturally sensitive features and/or structures. The number of lots permitted is equal to what is allowed under conventional development.

Conservation Development (CSD) § 2.12

A site planning technique which bases the layout of building lots and structures on the natural characteristics of the land and reduces lot sizes so that the remaining land can be used for recreation, common open space, and/or preservation of environmentally, historically and culturally sensitive features and/or structures. The number of developable lots created and the overall development density is no greater than what is permitted under conventional development.

Conservation Development Design Process § 2.13

The process used to determine the layout of building lots, development, open space, and other improvements in a Conservation Subdivision/Land Development Project. Consists of five steps: 1) Understanding the site, 2) Evaluating Site Context, 3) Designating the Required Open Space, 4) Locating Development Areas, and 5) Drawing in Lot Lines. Consistency with the comprehensive plan. A requirement of all local land use regulations which means that all these regulations and subsequent actions are in accordance with the public policies arrived at through detailed study and analysis and adopted by the municipality as the comprehensive community plan as specified in R.I.G.L. 45-22.2-3.

CONSISTENT WITH LOCAL NEEDS § 1703.6

Reasonable in view of the state need for low- and moderate-income housing, considered with the number of low-income persons in the town affected and the need to protect the health and safety of the occupants of the proposed housing or of the residents of the town, to promote better site and building design in relation to the surroundings, or to preserve open spaces, and if the zoning ordinance, requirements, and regulations are applied as equally as possible to both subsidized and unsubsidized housing.

CONSTRUCTION SIGN § 1202.13

A temporary on-premises sign identifying the name/nature of a project and the name and/or address of one or more of the following: contractor, subcontractor, architect, landscape architect, and engineer. Logos or illustrations may also be displayed.

Conventional Development § 2.14

A subdivision or land development project in which an entire parcel of land is typically converted into privately owned building lots and public street rights-of way. Generally, lots are of equal size and spread evenly throughout the parcel with little or no consideration of the natural setting or environmental and cultural features of the land. Dedication, fee-in-lieu-of. Payments of cash which are authorized in the local regulations when requirements for mandatory dedication of land are not met because of physical conditions of the site or other reasons. The conditions under which the payments will be allowed and all formulas for calculating the amount shall be specified in advance in the local regulations. See R.I.G.L. 45-23-47.

COST § 1005.8

As related to substantial improvements, the cost of any reconstruction, rehabilitation, addition, alteration, repair or other improvement of a structure shall be established by a detailed written contractor’s estimate. The estimate shall include, but not be limited to the cost of materials (interior finishing elements, structural elements, utility and service equipment); sales tax on materials, building equipment and fixtures, including heating and air conditioning and utility meters; labor; built-in appliances; demolition and site preparation; repairs made to damaged parts of the building worked on at the same time; contractor’s overhead; contractor’s profit; and grand total. Items to be excluded are the cost of plans and specifications, survey costs, permit fees, costs to correct code violations subsequent to a violation notice, outside improvements such as septic systems, water supply wells, landscaping, sidewalks, fences, yard lights, irrigation systems, and detached structures such as garages, sheds, and gazebos.

CRYPT, LAWN § 400.37

A mausoleum structure wholly under ground.

DAY CARE CENTER § 400.38

Any other day care center which is not a family day care home.

DAY CARE, FAMILY DAY CARE HOME § 400.39

Any home, other than the individual's home, in which day care in lieu of parental care or supervision is offered at the same time to six or fewer individuals who are not relatives of the care giver, but may not contain more than a total of eight individuals receiving day care.

DENSITY, RESIDENTIAL § 400.40

The number of dwelling units per unit of land.

DEVELOPABLE LAND AREA § 400.41

For the purpose of calculating the minimum lot size required by district dimensional regulations, or of calculating the maximum number of units, maximum lot coverage, or maximum density permitted in accordance with any development standards contained in the chapter, the termsLAND,LAND AREA,LOT SIZE, andLOT AREAor any such similar term shall meanDEVELOPABLE LAND AREA, which is defined as follows.DEVELOPABLE LAND AREAis the total gross land area of the parcel proposed for development LESS the total of the following. (a) Freshwater wetlands as defined in R.I. Gen. Laws Title 2, Chapter 1, as amended, and in any rules and regulations adopted pursuant thereto. Provided, however, that any setback requirement from the edge of a wetland, as so defined in R.I. Gen. Laws Title 2, Chapter 1, shall not be included in the calculation of wetland area. (b) The floodway of a stream or flood plain of any other body of water as calculated on the basis of a 100-year frequency storm. (c) Coastal shoreline systems as defined by Section 120.0-2A.1. of the Rhode Island Coastal Resources Management Program, as amended February, 1982, or subsequent amendments thereto, as follows:

DEVELOPMENT § 400.46

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

DEVELOPMENT § 1005.9

Any man-made change to improved or unimproved real estate, including but not limited to the construction of buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

Development § 2.15

Any made-made change to improved or unimproved real estate; including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operation. Development plan review. Design or site plan review of a development of a permitted use. A municipality may utilize development plan review under limited circumstances to encourage development to comply with design and/or performance standards of the community under specific and objective guidelines, for the following categories of developments: (i) Developments specified in Section 306 of the Zoning Ordinance, Chapter 152, or where otherwise called for in the Zoning Ordinance; (ii) A change in use at the property where no extensive construction of improvements is sought; (iii) An adaptive reuse project located in a commercial zone where no extensive exterior construction of improvements is sought; (iv) An adaptive reuse project located in a residential zone which results in less than nine (9) residential units; (v) Development in a designated urban or growth center; or (vi) Institutional development for educational or hospital facilities.

DEVELOPMENT PLAN REVIEW § 400.48

The process whereby authorized local officials review the site plans, maps, and other documentation of a development to determine the compliance with the stated purposes and standards of this chapter.

Development regulation § 2.16

Zoning, subdivision, land development plan, development plan review, historic district, official map, flood plain regulation, soil erosion control or any other governmental regulation of the use and development of land. Division of land. A subdivision.

DEVELOPMENT, PLANNED § 400.47

A land development project, as defined herein, developed according to plan as a single entity containing one or more structures and/or uses with appurtenant common areas.

DIRECTIONAL SIGN § 1202.14

An on-premises sign indicating the direction of vehicle or pedestrian traffic or the location of parking, buildings, offices, entrances, activities or amenities, such as restrooms and public telephones. There are two types of directional signs: (1) INTERNAL DIRECTIONAL SIGN.A directional sign designed to be read by a person already on the premises and used only to identify and locate an office, entrance, exit, telephone or similar place, service or route. Such signs may bear advertising. (2) PERIMETER DIRECTIONAL SIGN.A directional sign designed to be read from the public right-of-way. Such signs may not bear any advertising.

DIRECTORY SIGN § 1202.15

An on-premise sign in an office, research, or industrial park that identifies the names and locations of businesses within the park. Signs may include the name of the park or project, the name and location of each business and/or a map of the park. The primary purpose of such signs shall be to indicate the route to be followed to a specific business or place within the office, research, or industrial park.

DISGUISED FACILITY § 400.49

A wireless telecommunications facility that is so designed, constructed and located that it and all associated equipment are completely screened from public view. Disguised facilities may be located in or on existing structures, such as clock towers, belfries, steeples, and the like, or may be new structures designed to closely resemble trees or permitted freestanding structures, such as flag poles or light standards. When located on an existing building in a GB, OB, LI, or OP district, a wireless telecommunications facility shall be considered a disguised facility even though it has: (a) One or more antennas not greater than four inches in diameter and extending above the roof not more than six feet; or (b) One or more sectionized panel antennas mounted on the side of a building and camouflaged by color, size and/or shape to blend in with the building as much as possible.

DISTRICT § 400.50

SeeZONING USE DISTRICT.

DORMITORY, INSTITUTIONAL § 400.51

A structure used for housing purposes by persons generally unrelated to each other by blood or marriage but associated by reason or participation in the activities of a medical, religious, commercial or educational organization. Such institutional dormitories are characterized by the provision of sleeping accommodations and may or may not contain common kitchen, dining or recreation facilities.

DRAINAGE SYSTEM § 400.52

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

DRIVE-UP RESTAURANT § 400.53

A permanent structure, licensed for the preparation, service and consumption of food and beverages, where patrons may be served in their vehicles or at outside seating facilities.

DRIVE-UP WINDOW § 400.54

See § 717.

DWELLING § 400.55

Any building, or part thereof, that is used or occupied for human habitation, including dwelling premises, opportunities and facilities belonging to the dwelling or usually enjoyed therewith.

DWELLING UNIT § 400.58

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.

DWELLING, SINGLE-FAMILY § 400.56

A building used exclusively for occupancy by one family.

DWELLING, TWO-FAMILY § 400.57

A building used exclusively for occupancy by two families living independently of each other.

Endorsement § 2.17

The approval of a final subdivision plat by means of signature on final plat drawings by the Chairman of the Planning Board or, in his absence, the Secretary, allowing the recording of the plat in the land evidence records of the Town.

ENTRY SIGN § 1202.16

A sign located at the ingress/egress of a development such as an industrial, office, or research park, multifamily dwelling project, or residential subdivision. Such signs may display only the name and address of the development.

Environmental constraints § 2.18

Natural features, resources, or land characteristics that are sensitive to change and may require conservation measures or the application of special development techniques to prevent degradation of the site, or may require limited development, or in certain instances, may preclude development. See also physical constraints to development.

EXEMPT SIGN § 1202.17

A sign which, under this subchapter, is expressly allowed to be displayed without issuance of a sign permit.

EXISTING MANUFACTURED HOME PARK § 1005.10

orMANUFACTURED HOME SUBDIVISION.A manufactured home park or manufactured home subdivision for which the construction of facilities for servicing the lots on which the manufactured home are to be affixed (including, as a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK § 1005.11

orEXISTING MANUFACTURED HOME SUBDIVISION.The preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

EXTRACTIVE INDUSTRY § 400.59

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

FALL ZONE § 400.60

The calculated area of the land surrounding a communications tower or any of its attachments which may be affected by debris should the tower structure collapse.

FALL ZONE § 25A02.2

The calculated area of the land surrounding a wind turbine that may be affected by debris should the supporting structure collapse or any component of the wind turbine or anything attached to it fall to the ground. The fall zone for all wind turbines shall be measured at ground level below the center of the wind turbine as a circular area with a radius of 175% of the height of the wind turbine.

FAMILY § 400.61

A person or persons related by blood, marriage, or other legal means. (Also seeHOUSEHOLD).

FARM (LARGE) § 400.63

Agricultural land consisting of one or more contiguous parcels totaling ten acres or more in area, together with principal and accessory buildings, upon which agricultural operations are conducted.

FARM (SMALL) § 400.66

Agricultural land consisting of one or more contiguous parcels totaling less than ten acres in area, together with principal and accessory buildings, upon which agricultural operations are conducted.

FARM GUEST HOUSE § 400.62

An owner-occupied single-family dwelling offering guest rooms without kitchen facilities for rent on a daily or weekly basis, provided the dwelling is located on a parcel of at least two acres primarily devoted to an agricultural use permitted under § 602.

FARM-PROMOTION ACCESSORY USE § 400.64

An accessory use which is not customarily incidental to a use permitted as an agricultural use under § 602 but which tends to preserve and/or promote the use of land for farming and is clearly incidental and subordinate to the primary agricultural use.FARM- PROMOTION ACCESSORY USESinclude: equipment and trade fairs, farmers’ markets, product stands, mobile food establishments, farm guest houses, livestock sales and auctions, and, when conducted in a farm setting, arts and crafts shows, banquets, corporate functions, and weddings.

FARM-RELATED ACCESSORY USE, TRADITIONAL § 400.65

An accessory use customarily incidental to a use permitted as an agricultural use under § 602, regardless of whether it is located on the same lot as the principal use.

FARMER'S MARKET § 400.67

An area, which may include a structure, used by growers or producers of agricultural products to display and sell their products.

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) § 1005.12

The federal agency that administers the National Flood Insurance Program (NFIP).

Final plan § 2.19

The final stage of land development and subdivision review or a formal development plan review application.

Final plat § 2.20

The final drawing(s) of all or a portion of a subdivision to be recorded after approval by the Planning Board and any accompanying material as described in these regulations and/or required by the Planning Board. Flood area, gross. See R.I. State Building Code.

FIXTURE § 27B06.1

The complete lighting unit, consisting of the lamp(s), and parts designed to distribute the light (reflector, lens, diffuser), position and protect the lamp(s), and connect the lamp(s) to the power supply. Also called a luminaire.

FLASHING SIGN § 1202.18

An illuminated sign which exhibits changes or variations in light intensity, color, direction, or animation. Excluded from this definition are illuminated signs on which the only variations in light intensity, color, direction, or animation are to display the date, time, and/or temperature.

FLOATING ZONE § 400.68

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. FLOODPLAINS or FLOOD HAZARD AREA — As defined in R.I. Gen. Laws § 45-22.2-4, an area that has a 1% 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. 42 U.S.C. 4011 et seq.

FLOOD § 1005.13

orFLOODING.A general and temporary condition of partial or complete inundation of normally dry land areas from either the overflow of inland or tidal waters, or the unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD INSURANCE RATE MAP (FIRM) § 1005.14

The official map of a community on which the Federal Insurance Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to a community. A FIRM that has been made available digitally is called a “Digital Flood Insurance Rate Map (DFIRM).

FLOOD INSURANCE STUDY (FIS) § 1005.15

The official study of a community in which the Federal Emergency Management Agency (FEMA) has conducted a technical engineering evaluation and determination of local flood hazards, flood profiles and water surface elevations. The Flood Insurance Rate Maps (FIRM), which accompany the FIS, provide both flood insurance rate zones and base flood elevations, and may provide the regulatory floodway limits.

Flood Plain § 2.21

The term “flood plain” means that the land area adjacent to a river, stream, Narragansett Bay or other body of flowing or standing water, which is susceptible to being inundated by water from the base flood (100-year flood).

FLOOD PROOFING § 1005.16

Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY § 1005.17

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. For the purposes of these regulations, the term “regulatory floodway” is synonymous in meaning with the term “floodway”.

Floodway § 2.22

The term “floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge a 25-year frequency storm without cumulatively increasing the water surface elevation more than a designated height. Governing body. The Town Council.

FOOTCANDLE § 27B06.2

The unit of measure expressing the quantity of light received on a surface. One footcandle is the illuminance produced by a candle on a surface one-foot square from a distance of one foot.

FOR SALE/RENT/LEASE SIGN § 1202.19

A sign advertising the availability of all or a portion of the premises for sale, rent or lease.

FREE-STANDING SIGN § 1202.20

A self-supporting sign not attached to any building, wall, or fence, but in a fixed location.

FREEBOARD § 400.69

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.

FULLY-SHIELDED FIXTURE § 27B06.3

A fixture constructed and installed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the fixture, is projected below the horizontal plane through the fixtures lowest light-emitting part.

FUNCTIONALLY DEPENDENT USE § 1005.18

orFACILITY.A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities.

GARAGE § 400.70

A detached accessory building or portion of a main building, used for the storage of self-propelled vehicles.

GAS STATION/MINI-MART § 400.71

Use of a property for the dispensing of gasoline or other fuels from one or more pump islands, covered by a canopy either detached from, or attached to, the principal building which may be used for the sale of food, beverages, dairy products and related items, with no seating on the premises.

GASOLINE SERVICE STATION (MINOR REPAIRS ONLY) § 400.72

A building or premises, or portion thereof, arranged, intended or designed to be used for the sale of gasoline or other motor vehicle, airplane or motorboat fuel, oils and accessories for the use of motor vehicles, and the rendering of services such as lubrication, washing and minor repairs including the sale of food and beverages where such service facilities are incidental to such principal filling station uses, but not including body or fender work or major repairs.

GLARE § 27B06.4

Lighting entering the eye directly from luminaires or indirectly from reflective surfaces that causes visual discomfort or reduced visibility

GOVERNMENT SIGN § 1202.21

Signs of every kind and nature erected by or on behalf of the United States of America, the State of Rhode Island and the Town of Middletown, relating to governmental regulatory activities or governmental activities conducted on the premises on which such sign is located, and including traffic controls, railroad crossing signs and legal notices and other such signs required by law.

GRAND OPENING SIGN § 1202.22

A temporary sign announcing the opening or re-opening of a business.

GRAVE, CREMATION § 400.73

A grave or crypt containing cremation remains for a single person.

GRAVE, DOUBLE § 400.74

Two single crypts side by side.

GRAVE, TRADITIONAL § 400.75

An internment right for a single person's human remains.

GRAVEL PROCESSING § 400.76

Any processing of more than ten cubic yards per day of soil, loam, sand, gravel, stone, clay, shale, or other earth material, and which utilizes mechanical equipment used for processing, screening, or washing of gravel or earth materials.GRAVEL PROCESSINGshall include, without limitation, the reprocessing of concrete, asphalt, road materials, and other reclaimed or previously processed materials in order to use or reuse such materials.GRAVEL PROCESSINGdoes not include the manufacturing or chemical processing of materials into finished goods.

GREENHOUSE § 400.77

A building with a roof and sides largely made of glass or other clear material, in which the temperature and humidity can be regulated for the cultivation of plants.

GROSS LEASABLE AREA/GROSS LEASABLE FLOOR AREA (GLFA) § 400.78

The total floor area of a commercial or industrial building designed for occupancy and exclusive use by a tenant, including mezzanines and upper floors, if any, and excluding stairs, elevator shafts, air shafts, public toilets, utility and mechanical equipment areas which are used solely for the maintenance of the building.

GROUND-MOUNTED SOLAR ENERGY SYSTEM § 400.79

A solar energy system, consisting of photovoltaic panels, support structures, and other equipment which is structurally mounted on the ground and is not roof-mounted, and is used to convert solar energy to electricity, including but not limited to supplying electricity to the local grid or directly to a commercial or residential consumer(s). A solar carport or canopy shall be considered a ground-mounted solar energy system.

GROUNDWATER § 400.80

Groundwater and associated terms, as defined in R.I. Gen. Laws § 46-13.1-3.

HALFWAY HOUSE § 400.81

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.

HALO-LIT SIGN § 1202.23

SeeBACKLIT SIGN.

HARDSHIP § 400.82

See Article 9 and R.I. Gen. Laws § 45-24-41. HISTORIC DISTRICT or HISTORIC SITE — As defined in R.I. Gen. Laws § 45-22.2-4,HISTORIC DISTRICTmeans one or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites, and has been registered, or is deemed eligible to be included on the State Register of Historical Places pursuant to R.I. Gen. Laws § 45-45-5.HISTORIC SITEmeans any real property, man-made structure, natural object, or configuration, or any portion or group of the foregoing which has been registered, or is deemed eligible to be included, on the state register of historic places pursuant to R.I. Gen. Laws § 42-45-5.

HEIGHT § 25A02.3

The height of a wind turbine measured from pre-development grade to the tip of the rotor blade at its highest point, or blade-tip height.

HIGHEST ADJACENT GRADE (HAG) § 1005.19

. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE § 1005.20

Any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs. LIMIT OF MODERATE WAVE ACTION (LiMWA) — An advisory line indicating the limit of the 1.5-foot wave height during the base flood.

HOME OCCUPATION § 400.83

Any activity customarily carried out for gain by a resident, conducted as an accessory use in the resident’s dwelling unit, subject to the conditions of § 729.

HOTEL § 400.84

Any structure containing ten or more separate rooms for sleeping, offered to the public for compensation, in which ingress and egress to and from all rooms, made through an inside lobby but not including hospitals, convalescent homes or other charitable or religious institutions.

HOTEL, EXTENDED STAY § 400.85

A hotel or motel which has as its primary clientele, guests who stay for a week or more and which offers facilities to facilitate extended stays.

HOUSEHOLD § 400.86

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.HOUSEHOLD UNITshall be synonymous with the termDWELLING UNITfor determining the number of such units allowed within any structure on any lot in a zoning district. An individual household shall consist of any one of the following: (a) A family, which may also include servants and employees living with the family; or (b) A person or group of unrelated persons living together not to exceed four, or one person per bedroom, whichever is greater, up to a maximum of five unrelated persons per dwelling. The maximum number shall not apply to NARR-certified recovery residences.

Improvement § 2.23

Any natural or built item which becomes part of, is placed upon, or as affixed to, real estate.

Improvement guarantee § 2.24

A security instrument accepted by the Town to ensure that all improvements, facilities, or work required by the land development and subdivision regulations, or required by the Town as a condition of approval, will be completed in compliance with the approved plans and specifications of a development.

INCENTIVE ZONING § 400.87

The process whereby the town may grant additional development capacity in exchange for the developers provision of a public benefit or amenity as specified in local ordinances.

INCIDENTAL SIGN § 1202.24

Signs indicating hours of operation, credit cards, business or professional affiliations.

INDOOR ROLLERBLADE AND SKATEBOARDING FACILITIES § 400.88

Interior building areas of between 5,000 and 20,000 square feet in size, where rollerblading, indoor performance bicycling and skateboarding are allowed on courses with ramps, pools and similar areas. Such uses are not permitted in any Office Business (OB) District.

INFEASIBLE § 1703.7

Any condition brought about by any single factor or combination of factors, as a result of limitations imposed on the development by conditions attached to the approval of the comprehensive permit, to the extent that it makes it financially or logistically impracticable for any applicant to proceed in building or operating low- or moderate-income housing, within the limitations set by the subsidizing agency of government or local review [Planning Board], on the size or character of the development, on the amount or nature of the subsidy, or on the tenants, rentals, and income permissible, and without substantially changing the rent levels and unit sizes proposed by the applicant.

INFRASTRUCTURE § 400.89

Facilities and services needed to sustain residential, commercial, industrial, institutional and other activities.

LAMP § 27B06.5

A generic term for a source of light, often called a "bulb," or "tube.”

LAND DEVELOPMENT PROJECT § 400.90

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 single use, complex of uses, units or structures including, but not limited to, planned and/or cluster development for residential, commercial, institutional, recreational, open space and/or mixed uses, as may be provided for in this chapter.

Land-development project § 2.25

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

LARGE SOLAR ENERGY SYSTEMS § 400.91

A ground-mounted solar energy system greater than 1,000 square feet as calculated per § 725.

LAWFULLY ESTABLISHED § 14-2.1.2

A building, structure, sign, or parcel of land, or use thereof, was lawfully established if it was in existence prior to May 13, 1968, or was established in conformance with the Zoning Chapter in effect at the time the use was first established. For the purposes of this chapter, the placement or use of a sign, with or without any other structure or use, is considered a use of land. A lot was lawfully established if it was shown on a deed or recorded plat prior to May 13, 1968, or is shown on a legally recorded plat or deed that conformed to requirements in effect at the time of the recording. Any building, structure, sign, or parcel of land, or use thereof, that was not lawfully established at the time of the adoption or amendment of this Zoning Chapter, is not protected by this section.

LETTER OF ELIGIBILITY § 1703.8

A letter issued by the Rhode Island Housing and Mortgage Finance Corporation in accordance with R.I. Gen. Laws § 42-55-5.3(a).

LIGHT TRESPASS § 27B06.6

Light that falls beyond the property it is intended to illuminate.

LINE, STREET § 400.92

A lot line separating a lot from an adjacent street.

LIVESTOCK FARM § 400.93

A farm of at least two acres substantially devoted to breeding and raising animals such as dairy cows, poultry, game and game birds, beef cattle, sheep, horses and bees.

Local § 2.47

Streets whose primary function is to provide access to abutting properties.

Local regulations § 2.26

The land development and subdivision review regulations adopted under the provisions of R.I.G.L. 45-23. For purposes of clarification, here reference is made to local regulations, it is to be understood as these Rules and Regulations for the Subdivision of Land in the Town Of Middletown, Rhode Island and all related ordinances and rules properly adopted pursuant to R.I.G.L. 45-23.

LOCAL REVIEW BOARD § 1703.9

Middletown Planning Board.

LOT AREA § 400.97

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

LOT BUILDING COVERAGE § 400.98

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

LOT DEPTH § 400.99

The distance measured from the front lot line to the rear lot line. For lots where the front and rear lot lines are not parallel, the lot depth is an average of the depth.

LOT FRONTAGE § 400.100

That portion of a lot abutting a street.

LOT LINE § 400.101

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) Front:The lot line separating a lot from a street right-of-way. For a corner lot or through lot, developed or vacant, the front line shall be the lot line that has the required lot width/frontage. If more than one lot line, or no lot line meets the width/frontage requirement, the Zoning Official shall determine the front line based on which street the front door or main entrance of the existing or planned principal structure faces, or if that method is not determinative, based on which of the lot lines separating the lot from a street right-of-way is longer. (b) Rear:The 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 ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line; and (c) Side:Any lot line other than a front or rear lot line. On a corner lot, a side lot line may be a street lot line.

LOT OF RECORD § 400.102

A parcel of land lawfully recorded in the office of the Town Clerk of the Town of Middletown.

LOT WIDTH § 400.103

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 § 400.94

A lot at the junction of and fronting on two or more intersecting streets.

LOT, EITHER: § 400.95

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

LOT, THROUGH § 400.96

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

LOWEST FLOOR § 1005.21

The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor; Provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of § 60.3.

LUMEN § 27B06.7

The unit of measure used to quantify the amount of light produced by a lamp or emitted from a fixture. This is different from a watt which is a measure of power consumption; a 12-watt LED bulb and a 60-watt incandescent bulb each produce about 900 lumens.

Maintenance guarantee § 2.27

Any security instrument which may be required and accepted by the Town to ensure that necessary improvements will function as required for a specific period of time. See improvement guarantee. Major land development project. A land development project, which exceeds the thresholds for a minor land development project as set forth in this section.

Major subdivision § 2.28

A subdivision creating ten (10) or more buildable lots.

MANUFACTURED HOME § 1005.22

A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle”.

MANUFACTURED HOME PARK § 1005.23

orMANUFACTURED HOME SUBDIVISION.A parcel or contiguous parcels of land divided into two (2) or more manufactured home lots for rent or sale.

MARKET VALUE § 1005.24

Market value is the price of a structure that a willing buyer and seller agree upon. This can be determined by an independent appraisal by a professional appraiser; the property’s tax assessment, minus land value; the replacement cost minus depreciation of the structure; or the structure’s actual cash value.

Master plan § 2.29

An overall plan for a proposed project site outlining general, rather than detailed, development intentions. It describes the basic parameters of a major development proposal, rather than giving full engineering details. Required in major land development or major subdivision review only. It is the first formal review step of the major land development or major subdivision process and the step in the process in which the public hearing is held. Minor land development project. A land development project involving any one of the following categories which has not otherwise been specifically designated by local ordinance as development plan review: a. Seven thousand five hundred (7,500) gross square feet of floor area of new commercial, manufacturing or industrial development or less; or b. An expansion of up to fifty percent (50%) of existing floor area or up to ten thousand (10,000) square feet for commercial, manufacturing, or industrial structures; or c. Mixed-use development consisting of up to six (6) dwelling units and two thousand five hundred (2,500) gross square feet of commercial space or less. d. Multi-family residential or residential condominium development of nine (9) units or less. e. Change in use at the property where no extensive construction of improvements are sought. f. An adaptive reuse project of up to twenty-five thousand (25,000) square feet of gross floor area located in a commercial zone where no extensive exterior construction of improvements is sought. g. An adaptive reuse project located in a residential zone which results in less than nine (9) residential units.

MAUSOLEUM § 400.104

Aboveground entombment sites which contain concrete or stone crypts in which caskets are stored.

MEETING LOCAL HOUSING NEEDS § 1703.10

As a result of the adoption of the implementation program of an approved affordable housing plan, the absence of unreasonable denial of applications that are made pursuant to an approved affordable housing plan in order to accomplish the purposes and expectations of the approved affordable housing plan, and a showing that at least 20% of the total residential units approved by a local review board or any other municipal board in a calendar year are for low- and moderate-income housing as defined in R.I. Gen. Laws § 42-128-8.1.

MEMORIAL PARK § 400.105

A burial ground or cemetery which allows only flat grave markers.

MEMORIAL SIGN § 1202.25

A memorial sign or tablet, or a sign indicating the name of a building or the date of its erection, which is not used for commercial or business advertisement.

MENU BOX SIGN § 1202.26

A type of sign in a weather-tight box with a transparent front which is used to display restaurant menus.

MERE INCONVENIENCE § 400.106

See R.I. Gen. Laws § 45-24-41 and Article 9.

Minor subdivision § 2.30

A subdivision of land creating nine (9) or fewer buildable lots. Modification of requirements. See Section 908.

MIXED RESIDENTIAL AND COMMERCIAL USES § 400.107

The use of any structure or group of structures on a single lot of record for both residential and commercial purposes, provided, however, this definition shall not include accessory uses, customary home occupation or an office for use by a resident of the premises. The commercial use so mixed must be a use either permitted in the zone in which the lot is situated, authorized by the Zoning Board of Review or granted by the Town Council. Commercial uses as used in this definition are all uses listed in § 602 under the following general classifications: Retail Commercial, Personal Services, Business Services, Professional Services.

MIXED USE § 400.108

A mixture of land uses within a single development, building or tract. MOBILE FOOD ESTABLISHMENT (“MFE”) — A food service operation that is operated from a movable motor-drive or propelled vehicle, portable structure, or watercraft that can change location.MOBILE FOOD ESTABLISHMENTSspecifically include, but are not limited to, food trucks, food carts, ice cream trucks/carts, and lemonade trucks/carts.

MIXED-USE DEVELOPMENT PROJECT § 27A03.1

The use of any lot or lots of record in the GB or LB zones for the coordinated development of more than one building, and including not less than three residential dwelling units, to create a mix of residential and commercial uses in accordance with this subchapter. (Ord. 2018-16, passed 9-4-18)

MOBILE HOME PARK § 400.109

A lot upon which two or more mobile homes, occupied for residential, non-transient purposes, are located.

MODIFICATION § 400.110

Permission granted and administered by the Zoning Officer of the town and pursuant to the provisions of this chapter, contained herein, to grant a dimensional variance other than lot area requirements from this chapter to a limited degree as determined by this chapter.

MONITORING AGENTS § 1703.11

Those monitoring agents appointed by the Rhode Island housing resources commission pursuant to R.I. Gen. Laws § 45-53-3.2 and to provide the monitoring and oversight set forth in this chapter, including, but not limited to, R.I. Gen. Laws §§ 45-53-3.2 and 45-53-4.

MONUMENT SIGN § 1202.27

A freestanding sign, the bottom of which is mounted directly on the ground or on an enclosed structural base with no visible poles supporting the structure.

MOTEL § 400.111

A series of attached, semidetached or detached one- or two-story units containing bedroom, bathroom and closet space where each unit has an individual entrance from outside the building to serve each such unit and are designed primarily for transient automobile and vehicular travelers.

MOTEL, EXTENDED STAY § 400.112

A motel which has, as its primary clientele, guests who stay for a week or more and which offers facilities to facilitate extended stays.

MULTIFAMILY DWELLING PROJECT § 400.113

A large-scale complex of two or more multifamily dwelling structures, or three of more single-family or two-family buildings containing a total of more than five dwelling units, upon a single lot, which are planned, developed and managed as a unit, with required open space and accessory uses. Permitted accessory uses include storage, laundry and drying facilities, refuse collection, recreation facilities, off-street parking and related accessory uses which are intended primarily for the use of residents of the building and their guests. Residential use may be for rental apartments, condominiums or time-share estates.

MULTIFAMILY DWELLING STRUCTURE § 400.114

A multifamily dwelling in a single principal building upon a single lot, used principally for residential purposes and housing three or more dwelling units. Permitted accessory uses include storage, laundry and drying facilities, refuse collection, recreation facilities, off-street parking and related accessory uses which are intended primarily for the use of residents of the building and their guests.

MUNICIPAL GOVERNMENT SUBSIDY § 1703.12

Assistance that is made available through a city or town program sufficient to make housing affordable, as affordable housing is defined in R.I. Gen. Laws § 42-128-8.1(d)(1); such assistance shall include a combination of, but is not limited to, direct financial support, abatement of taxes, waiver of fees and charges, and approval of density bonuses and/or internal subsidies, zoning incentives, and adjustments as defined in this section and any combination of forms of assistance.

NEW CONSTRUCTION § 1005.25

Structures for which the “start of construction” commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

NEW MANUFACTURED HOME PARK § 1005.26

orMANUFACTURED HOME SUBDIVISION.A manufactured home park or manufactured home subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain regulations adopted by the community.

NON-CONFORMING SIGN § 1202.28

A sign lawfully existing when the sign ordinance was adopted or amended.

NONCONFORMANCE § 14-2.1.1

A nonconformance is a building, structure, sign, or parcel of land, or use thereof, which was lawfully established at the time of the adoption or amendment of this Zoning Chapter, and not in conformity with the provisions of such ordinance or amendment.

NONCONFORMANCE § 400.115

A building, structure, or parcel of land, or use thereof, lawfully existing at the time of the adoption of this chapter and not in conformity with the provisions of this chapter or amendment. Nonconformance shall be of only two types: (a) Nonconforming by 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 nonconforming by use; or (b) Nonconforming by dimension.A 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 a zoning ordinance 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, is nonconforming by dimension.

NONCONFORMING BY DIMENSION § 14-2.1.4

A lawfully established building, structure, or parcel of land not in compliance with the dimensional regulations of this chapter is nonconforming by dimension. Dimensional regulations include all regulations of this chapter, other than those pertaining to the permitted uses. A lawfully established building, structure, parcel of land, or use thereof, not in compliance with the parking regulations of this chapter, as set forth in § 14-8, is also nonconforming by dimension.

NONCONFORMING BY USE § 14-2.1.3

A lawfully established use of land, building, or structure which is not a permitted use in the zoning district in which it is located, as set forth in § 14-3, is nonconforming by use. A building or structure containing more dwelling units than are permitted by the use regulations of this chapter shall also be nonconforming by use.

OCCUPIED BUILDING § 25A02.4

Any building regularly occupied by one or more persons on a daily basis. Buildings ordinarily used for storage, such as garages, sheds, and the like, are not occupied buildings even though they may be entered for brief periods on a daily basis.

OFF-PREMISES SIGN § 1202.29

Any sign not on the premises of the business or activity to which it relates.

OFFICE (FOR USE BY A RESIDENT OF THE PREMISES) § 400.116

The use as a professional office in a building in which the proprietor, manager, owner or tenant maintains a full-time residence and which employs no more than one person or associate not a resident of the premises.

OFFICE, GENERAL PROFESSIONAL § 400.117

A commercial establishment in which the principal use is a personal or professional service. Included without limitation in this definition of office are medical, insurance, finance, law, real estate, engineering or similar professional services. Specifically excluded from this definition is the sale of products stored on the premises at wholesale or retail, warehousing operations or service and/or repair activities.

Open Space § 2.31

Any parcel or area of land or water set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring the open space, provided that the area may be improved with only those buildings, structures, streets, and off-street parking, and other improvements that are designed to be incidental to the natural openness of the land.

OUTDOOR STORAGE OF BULK MATERIALS § 400.118

Open storage of bulk materials with a height of five feet or more and a total surface area of 600 or more square feet for more than 24 hours; excluding the temporary storage of construction materials reasonably required for construction work on the premises pursuant to a valid building permit.OUTDOOR STORAGE OF BULK MATERIALSshall not be permitted as a principal use in any zoning district, but only as an accessory use as set forth in § 602.

OVERLAY DISTRICT § 400.119

A district established in a zoning ordinance that is superimposed on one or more districts or parts of districts that imposes specified requirements in addition to, but not less than, those otherwise applicable for the underlying zone.

PAINTED WALL SIGN (MURAL) § 1202.30

A work of art or painting that is applied to and made an integral part of an exterior wall. A mural shall be considered a wall sign if it contains words, logos, trademarks or graphic representations of any person, product or service that identify or advertise a business.

Parcel § 2.32

A lot, or contiguous group of lots in single ownership or under single control, and usually considered a unit for purposes of development. Also referred to as a tract. Parking area or lot. All that portion of a development that is used by vehicles, the total area used for vehicular access, circulation, parking, loading or unloading.

PARK § 400.120

An open space set aside for the purpose of passive recreation including those open space areas permitted within cluster and condominium developments.

PERFORMANCE STANDARDS § 400.121

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

PERMANENT SIGN § 1202.31

Any sign permanently affixed to a building or the ground that relates directly to the use of the building or lot.

PERMITTED USE § 400.122

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

Permitting authority § 2.33

The local agency of government, meaning any board, commission or Administrative Officer specifically empowered by state enabling law and local regulation or ordinance to hear and decide on specific matters pertaining to local land use.

Phased development § 2.34

Development, usually for large-scale projects, where construction of public and/or private improvements proceeds by sections subsequent to approval of a master plan for the entire site. See Section 509 and Section 518. Physical constraints to development. Characteristics of a site or area, either natural or man-made, which present significant difficulties to construction of the uses permitted on that site, or would require extraordinary construction methods. See also environmental constraints.

PHOTOMETRY § 27B06.8

The measurement of light in terms of its perceived brightness to the human eye. (Ord. 2021-19, passed 11-15-21) ARTICLE 27C SHORT-TERM RENTALS Short-term rental shall only be permitted by special use permit in all residential zoning districts, and must fully comply with the restrictions set forth for said use in the definition of short-term rental as stated in Article 4 of this Zoning Ordinance, or else the use is prohibited. In addition to any other requirements set forth in this zoning code for granting of a special use permit, a special use permit may only be granted for a short-term rental if the following standards are also met: (A) The use of the property must fully comply with Chapter 98 of this code, as currently drafted and as may hereafter be amended. (B) The property owner must submit an affidavit to the Zoning Enforcement Officer attesting that the use fully complies with the restrictions stated in Article 4 of this Zoning Ordinance in the definition of short-term rental. (C) The grant of any special use permit set forth may be granted upon any condition allowed under § 904. (Ord. 2024-21, passed 10-21-24)

PLANNING BOARD § 400.123

The official planning agency of the municipality whether designated as the plan commission, planning commission, plan board or as otherwise known.

Planning Board § 2.35

The Planning Board of the Town Of Middletown, Rhode Island. Also referred to as the “Board” in these Rules and Regulations.

Plat § 2.36

A drawing or drawings of a land development or subdivision plan showing the location, boundaries, and lot lines of individual properties, as well as other necessary information as specified in these regulations.

PLAZA SIGN § 1202.32

A group of signs clustered together in a single structure or compositional unit used to advertise multiple occupants of the same building or building complex. Such signs are generally designed and constructed with provision to allow changes of occupancy without major alterations of the entire sign.

POLE SIGN § 1202.33

A sign which is supported by one or more poles, uprights or braces in or upon the ground, which are not a part of a building.

POLITICAL SIGN § 1202.34

A temporary sign announcing candidates seeking public office, a political issue, or a sign containing other election information.

PORTABLE SIGN § 1202.35

A sign capable of being readily moved or relocated, including signs mounted on a chassis and wheels, or supported by legs. Examples of portable signs are A-frame signs, gasoline price-per-gallon signs, trailer signs, and temporary announcement signs.

POST SIGN § 1202.36

A pole sign which is supported by two poles, one on each side of the sign.

Pre-application conference § 2.37

An initial meeting between developers and municipal representatives which affords developers the opportunity to present their proposals informally and to receive comments and directions from the municipal officials and others. See Section 402.

PREAPPLICATION CONFERENCE § 400.124

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. PRINCIPAL or MAIN USE — The specific primary purpose for which a lot of land or structure is used.

Preliminary plan § 2.38

A required stage of land development and subdivision which generally requires engineered drawings.

PRODUCT STAND § 400.125

A stand or structure for the display and sale of agricultural products.

PROJECT § 1703.13

(1) Major project.A comprehensive permit application involving a major subdivision or land development project. (2) Minor project.A comprehensive permit application involving one or more of the following that is not aMAJOR PROJECT: (a) Minor subdivision or land development project; (b) Request for zoning variance; (c) Request for special use permit; (d) Request for relief from other local regulations or ordinances not outlined above. (Ord. passed 10-30-06; Am. Ord. 2024-5, passed 4-1-24)

PROJECTING SIGN § 1202.37

A sign affixed to a structure or other thing which extends more than six inches beyond the surface to which it is affixed perpendicular to a wall surface.

PROMINENT PUBLIC VANTAGE POINT § 25A02.5

A location from which a significant number of the public views a scenic, natural or historic landscape in the Town of Middletown.

Public improvement § 2.39

Any street or other roadway, sidewalk, pedestrian way, tree, lawn, off-street parking area, drainage feature, or other facility for which the local government and other governmental entity either is presently responsible, or will ultimately assume the responsibility for maintenance and operation upon municipal acceptance.

READERBOARD § 1202.38

SeeCHANGEABLE COPY SIGN.

RECREATIONAL VEHICLE § 1005.27

A vehicle which is: (1) Built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projection; (3) Designed to be self-propelled or permanently towable by a light duty truck; and (4) Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

REGULATORY FLOODWAY § 1005.28

See definition for “floodway”.

RESIDENTIAL CARE AND ASSISTED LIVING FACILITY § 400.126

(a) A facility that provides personal assistance, lodging and meals excluding, however, any establishment or facility licensed pursuant to R.I. Gen. Laws Title 23, Chapter 17 and those facilities licensed by, or under the jurisdiction of, the Department of Mental Health, Retardation and Hospitals, or the Department of Children, Youth and Families. (b) Residential care and assisted living facilities include Alzheimer Special Care Units (ASCU) which are residential care and assisted living facilities that lock, secure, segregate or provide a special program or a special unit for residents with a diagnosis of probable Alzheimer's or related disorder, to prevent or limit access by a resident outside the designated or separated area and that advertises or markets the facility as providing specialized Alzheimer's and/or dementia care services. (c) All residential care and assisted living facilities shall make available to residents daily meals in a communal setting, housekeeping services, 24-hour personal assistance, recreational facilities and transportation services. All residential care and assisted living facilities shall be licensed under R.I. Gen, Laws Title 23, Chapter 17.4.

REST, RETIREMENT, CONVALESCENT OR NURSING HOME § 400.127

A structure used for provision of medical care or supervision of residents of the premises and further subject to the provisions of R.I. Gen. Laws Title 5, Chapter 45.

RIDING ACADEMY OR SCHOOL § 400.128

A structure or premises used to: (a) Board and care for horses; (b) Give instruction or training in riding, jumping and/or showing horses; and (c) Rent horses for riding.

Riverine § 2.40

The word “riverine” means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. Significant environmental impacts. Any activity which is likely to permanently or repeatedly degrade or destroy the quality of the air, water, soil, wetlands, or wildlife habitat; or which presents unacceptable risks to the public health.

ROOF-MOUNTED SIGN § 1202.39

A sign placed upon the roof of any building, or erected on a framework supported by the roof of a building, except such signs which are an integral part of the construction or architecture of a building.

Sand dunes; and § 400.45

5. All directly associated contiguous areas which are necessary to preserve the integrity of such features. (d) Any public or private street or street right-of-way. (e) Existing water surfaces. (f) Areas required for stormwater retention/detention under drainage, of this chapter. (g) Areas required for utility easements of public utilities.

SEASONAL SIGN § 1202.40

A sign promoting a business for a single season during a calendar year, such as summer or the winter holidays. Such sign shall be installed on the parcel on which the business is located, and in accordance with the provisions of § 1211.

SENIOR INDEPENDENT LIVING FACILITIES § 400.129

A form of residential development consisting of townhouse style dwelling units, and significant on-site facilities and services designed to meet the physical and social needs of persons 55 years of age or older, and to provide housing for persons 55 years of age or older. Occupancy of the dwelling units must be restricted such that at least 80% of the units are occupied by at least one person 55 years of age or older per unit within the development. Senior independent living facilities shall be developed in accordance with the provisions of Article 22, and shall not be subject to the provisions of Article 15 or Article 19.

SETBACK § 25A02.6

The setback requirements for wind turbines shall be those applicable to principal structures, as defined in Article 4.

SETBACK LINE OR LINES § 400.130

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.

SHOPPING CENTER, LARGE SCALE § 400.131

(a) A grouping of three or more commercial establishments, primarily retail in nature, planned, developed and managed as a unit, located on a single lot or contiguous lots and containing a total of 20,000 square feet or more of gross leasable floor area; or any single commercial establishment that is primarily retail in nature and meets the requirements of this definition for location and size. (b) A large scale shopping center may be developed either for rental of individual units or for sale of condominium units or a combination of both.

SHOPPING CENTER, SMALL SCALE § 400.132

(a) A grouping of three or more commercial establishments primarily retail in nature, planned, developed and managed as a unit, located on a single lot or contiguous lots and containing less than 20,000 square feet total of gross leasable floor area (GLFA). (b) A small scale shopping center may be developed for rental of individual units or for sale of condominium units or a combination of both.

SHORT-TERM RENTAL § 400.133

A building in which one or more dwelling units or rooms for sleeping are rented for lodging accommodations for periods of 31 consecutive days or less with or without the furnishing of meals and with the owner who is in charge and manages such rentals residing on said property at all times during the period of such rental. No more than six short-term renters, regardless of age, shall be allowed during any rental period irrespective of the number of dwelling units or rooms for sleeping that are contained in the building. Only one building on a lot or parcel of land shall be allowed a short-term rental use. All short-term rentals must be registered in accordance with the requirements of Chapter 98, and must fully comply with the restrictions stated therein.

SIGN § 400.134

See § 1202 for definitions for signs.

SIGN § 1202.41

Any permanent or temporary display of one or more letters, words, pictures, graphics, logos, colors, or lights visible from public ways or places, whether freestanding or attached to or displayed upon a structure or any other thing, which is intended to convey a message, except for: (1) Pavement markings or driveway directional arrows painted on the ground which contain no advertising; and (2) Window displays, including price tags, product descriptions and other information which, in view of their scale and position, are primarily directed to pedestrians and not to vehicle occupants.

Site Analysis Map § 2.41

A map depicting natural, cultural, and recreational resources, as well as topography and infrastructure of the lot or lots being subdivided or developed.

Site Context Map § 2.42

An aerial photograph showing the area within a one-mile radius of the property and delineating natural, cultural, and recreational resources. Storm water detention. A provision for storage of storm water runoff and the controlled release of the runoff during and after a flood or storm. Storm water retention. A provision for storage of storm water runoff.

SITE PLAN § 400.135

The development plan for one or more lots on which is shown the existing and/or the proposed conditions of the lot.

SMALL SOLAR ENERGY SYSTEMS § 400.136

A ground-mounted solar energy system less than or equal to 1,000 square feet as calculated per § 725.

SOLAR CARPORT OR CANOPY § 400.137

A type of ground-mounted solar energy system in which a carport or canopy structure is constructed over a parking lot, driveway, walkway, or agricultural activity supporting a solar photovoltaic panel or panels.

SOLID WASTE COMPACTION AND TRANSFER STATION § 400.138

A facility where solid waste materials are collected and compacted for transfer and disposal to a site or sites beyond the boundaries of the town.

SPECIAL EVENT SIGN § 1202.42

A sign advertising a special event as defined in Middletown Code § 100.02, or directing patrons to a parking site for such an event.

SPECIAL FLOOD HAZARD AREA (SFHA) § 1005.29

The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. After detailed ratemaking has been completed in preparation for publication of the flood insurance rate map, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, or V1-30, VE or V. For purposes of these regulations, the term Special Flood Hazard Area is synonymous in meaning with the phrase “area of special flood hazard”.

SPECIAL USE § 400.139

A regulated use, which is permitted pursuant to the special use permit issued by the authorized governmental entity, pursuant to R.I. Gen. Laws § 45-24-42, formerly referred to as a special exception.

START OF CONSTRUCTION § 1005.30

For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, substantial improvement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erections of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actualSTART OF CONSTRUCTIONmeans the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STREET § 400.140

A public way established or maintained under public authority, a private way open for public uses and a private way platted or laid out for ultimate public use whether or not constructed.

Street § 2.43

A public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles. Streets are further classified by the functions they perform. See street classification. Street, access to. An adequate and permanent way of entering a lot. All lots of record shall have access to a public street for all vehicles normally associated with the uses permitted for that lot. Street, alley. A public or private thoroughfare primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street. Street, cul-de-sac. A local street with only one outlet and having an appropriate vehicular turnaround, either temporary or permanent, at the closed end. Street, limited access highway. A freeway or expressway providing for through traffic. Owners or occupants of abutting property or lands and other persons have no legal right to access, except at the points and in the manner as may be determined by the public authority having jurisdiction over the highway. Street, private. A thoroughfare established as a separate tract for the benefit of multiple, adjacent properties and meeting specific, municipal improvement standards. This definition does not apply to driveways. Street, public. All public property reserved or dedicated for street traffic. Street, stub. A portion of a street reserved to provide access to future development, which may provide for utility connections.

Street classification § 2.44

A method of roadway organization which identifies a street hierarchy according to function within a road system, that is, types of vehicles served and anticipated volumes, for the purposes of promoting safety, efficient land use and the design character of neighborhoods and districts. Local classifications shall use the following as major categories:

STRUCTURE § 400.141

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.

STRUCTURE § 1005.31

For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. For insurance purposes, means: (1) A building with two or more outside rigid walls and a fully secured roof, that is affixed to a permanent site; (2) A manufactured home (“a manufactured home”, also known as a mobile home, is a structure; built on permanent chassis, transported to its site in one or more sections, and affixed to a permanent foundation); or (3) A travel trailer without wheels, built on a chassis and affixed to a permanent foundation, that is regulated under the community’s floodplain management and building ordinances or laws. For the latter purpose, “structure” does not mean recreational vehicle or a park trailer or other similar vehicle, except as described in paragraph (3) of this definition, or a gas or liquid storage tank.

Subdivider § 2.48

Any persons who (1) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision or who (2) directly or indirectly sells, leases, or develops, or offers to sell, lease, or develop, or advertises to sell, lease or develop, any interest, lot, parcel, site, unit, or plat in a subdivision, or who (3) engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision or any interest, lot, parcel, site, unit, or plat in a subdivision.

Subdivision § 2.49

The division of a lot, tract or parcel of land into two or more lots, tracts, or parcels or any adjustment to existing lot lines is considered a subdivision.

SUBSTANDARD LOT OF RECORD § 400.142

Any lot lawfully existing at the time of adoption or amendment of a zoning ordinance not in conformance with the dimensional and/or area provisions of that ordinance.

SUBSTANDARD LOT OF RECORD, NONCONFORMING BY DIMENSION § 14-2.1.5

A lawfully established lot that is not in compliance with the dimensional regulations of the Zoning Chapter, including, but not limited to, those regulations for minimum lot size, lot width and lot frontage, also known as a substandard lot of record, is also nonconforming by dimension.

SUBSTANTIAL DAMAGE § 1005.32

Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT § 1005.33

Any reconstruction, rehabilitation, additions or other improvements to a structure, the cost of which equals or exceeds 50% of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include either: (1) Any project to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) Any alteration of a “historic structure”, provided that the alteration will not preclude the structure’s continued designation as a “historic structure”.

SUPERMARKET § 400.143

A retail business providing primarily food, along with other products, and containing 5,000 square feet or more of gross leasable floor area.

Technical Review Committee § 2.50

A committee appointed by the Planning Board for the purpose of reviewing, commenting, and making recommendations to the Planning Board with respect to approval of land development and subdivision applications.

Temporary improvement § 2.51

Improvements built and maintained by a developer during construction of a development project and prior to release of the improvement guarantee, but not intended to be permanent.

TEMPORARY SIGN § 1202.43

A sign which is intended to be displayed for a limited or finite period of time and which is not permanently installed or erected.

TOWER § 400.144

SeeCOMMUNICATIONS TOWER.

TOWER-MOUNTED WIND TURBINE § 25A02.7

A wind turbine mounted on a free-standing tower that does not exceed 120 feet in height.

Town § 2.52

The word “Town” shall mean the Town of Middletown, Rhode Island.

TOWNHOUSE § 400.145

A type of multifamily dwelling containing not less than three nor more than six dwelling units, each having a completely separate entrance at ground level.

TRAILER SIGN § 1202.44

A sign which is mounted or placed on a vehicle, including self-propelled and towed vehicles, that is principally used for advertising purposes. The principal use of the vehicle shall be deemed to be for advertising purposes if it is so placed or used as to be observable by the public for substantial periods of time on a regular basis while not engaged in any non-advertising function.

TRANSIENT TRAILER § 2401.1

Includes any of the following: (1) CAMPING TRAILER.A canvas, folding structure, mounted on wheels and designed for travel, recreation and vacation use; (2) MOTOR HOME.A portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle; (3) PICK-UP COACH.A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation; (4) TRAVEL TRAILER.A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreation and vacation uses; (5) Any other mobile recreational vehicle subject to the provisions of R.I. Gen. Laws Chapter 24-21, as amended.

TRANSIENT TRAILER PARK § 2401.2

A parcel of land in which two or more spaces are occupied or intended for occupancy by transient trailers for transient dwelling purposes and in which transient trailer spaces are rented by the day or week only, and the occupancy of such space remains in same transient trailer park for not more than 90 days within a period of one year. (Ord. passed 10-30-06)

USE § 400.146

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

VARIANCE § 400.147

Permission to depart from the literal requirements of a zoning ordinance. 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 a zoning ordinance. There shall be only two categories of variance: (a) Use variance.Permission to depart from the use requirements of a zoning ordinance 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 that zoning ordinance. (b)Dimensional variance.Permission to depart from the dimensional requirements of a zoning ordinance under the applicable standards set forth in R.I. Gen Laws § 45-24-41.

VARIANCE § 1005.34

A grant of relief by a community from the terms of the floodplain management ordinance that allows construction in a manner otherwise prohibited and where specific enforcement would result in unnecessary hardship.

Vested rights § 2.53

The right to initiate or continue to development of an approved project for a specified period of time, under the regulations that were in effect at the time of approval, even if, after the approval, the regulations change prior to the completion of the project.

VIOLATION § 1005.35

Failure of a structure or other development to be fully compliant with the community’s floodplain management ordinance. Construction or other development without required permits, lowest floor elevation documentation, flood-proofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided. (Ord. passed 10-30-06; Am. Ord. 2010-3, passed 4-5-10; Am. Ord. 2013-10, passed 8-19-13)

WALL-MOUNTED SIGN (WALL SIGN) § 1202.45

A sign erected against, displayed upon or attached parallel to the wall of any structure or to a fence, screen or freestanding wall.

WATERS § 400.148

As defined in R.I. Gen. Laws § 46-12-1(b).

WATERSHED PROTECTION DISTRICT § 400.149

A district superimposed over any other zoning district established by this chapter. The Watershed Protection District is established to protect, preserve and maintain the quality and quantity of surface and ground water utilized by the town.

WETLAND, COASTAL § 400.150

As defined in R.I. Gen. Laws § 45-22.2-4. A salt marsh bordering on the tidal waters of the state and contiguous uplands extending no more than 50 yards inland.

WETLAND, FRESHWATER § 400.151

A marsh, swamp, bog, pond, river, river or stream flood plain or back area subject to flooding or storm flowage; emergent or submergent plant community in any body of fresh water; or area within 50 feet of the edge of a bog, marsh, swamp, or pond, as defined in R.I. Gen. Laws § 2-1-20.

WIND MONITORING § 25A02.8

orMETEOROLOGICAL TOWER.A temporary tower equipped with devices to measure wind speeds and direction, used to determine how much wind power a site can be expected to generate.

WIND TURBINE § 25A02.9

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. Unless the wording or context indicates otherwise, a wind turbine for purposes of this article includes the tower and the base or foundation on which it is mounted (but not the building supporting a building-mounted wind turbine), and all equipment, machinery and structures on site utilized in connection with the collection, storage, and transmission of electricity from the wind turbine. (Ord. passed 2-16-10; Am. Ord. 2010-28, passed 10-18-10; Am. Ord. 2012-14, passed 9-17-12)

WINDOW SIGN § 1202.46

Any sign visible from the exterior of a building and exposed to public view that is posted, painted on, affixed to, leaning against, suspended in front of, or placed within two feet behind a window. YARD or GARAGE SALE SIGN — A temporary sign announcing a yard or garage sale. (Ord. passed 10-30-06; Am. Ord. 07-08, As Amended, passed 6-18-07; Am. Ord. 2012-1, passed 4-2-12; Am. Ord. 2021-13, passed 9-20-21; Am. Ord. 2025-17, passed 7-7-25)

WIRELESS TELECOMMUNICATION SERVICES § 400.152

Licensed wireless telecommunications services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and similar service that are marketed to the general public.

WIRELESS TELECOMMUNICATIONS FACILITY § 400.153

A communications tower and/or antenna, together with related equipment used to provide wireless telecommunications services.

YARD § 400.154

A space on the same lot with a main building, open, unoccupied and unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in this chapter.

YARD, FRONT § 400.155

The area between a street line and a line parallel thereto drawn through the nearest point of a main structure, extending between side lot lines.

YARD, REAR § 400.156

A yard extending across the full width of the lot between the rearmost main building and the rear lot line, the depth of which shall be the least distance between the rear lot line and the rear of such main building.

YARD, SIDE § 400.157

A yard between the main building and the side lot line, extending from the front yard or front lot line where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the main building.

YIELD PLAN § 400.158

Plan of a conventional subdivision or land development used to demonstrate development potential, including the basic number of lots to be allowed in a conservation subdivision plan, based on the zoning and development requirements of the underlying zoning district.

Yield Plan § 2.54

Plan of a conventional subdivision or land development used to demonstrate development potential, including the basic number of lots to be allowed in a conservation subdivision plan, based on the zoning and development requirements of the underlying zoning district.

ZONING CERTIFICATE § 400.159

A document signed by the Zoning Officer, as required in this chapter, which acknowledges that a use, structure, building or lot either complies with or is legally nonconforming to the provisions of this chapter or is an authorized variance or modification therefrom.

ZONING MAP § 400.160

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.

ZONING ORDINANCE § 400.161

An ordinance enacted by the legislative body of the town pursuant to R.I. Gen. Laws § 45-24 and in the manner providing for the adoption of ordinances in the town's home rule charter, which sets forth regulations and standards relating to the nature and extent of uses of land and structures, which is consistent with the comprehensive plan of the town as defined in R.I. Gen. Laws § 45-22.2, which includes a zoning map and which complies with the provisions of R.I. Gen. Laws § 45-24.

ZONING USE DISTRICTS § 400.162

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. The districts include, but are not limited to: agricultural, commercial, industrial, institutional, open space and residential. Each district may include sub-districts. Districts may be combined. (Ord. passed 10-30-06; Am. Ord. 08-05, passed 5-19-08; Am. Ord. passed 8-3-09; Am. Ord. passed 8-3-09; Am. Ord. 2012-4, passed 5-21-12; Am. Ord. 2012-16, passed 9-17-12; Am. Ord. 2018-7, passed 3-19-18; Am. Ord. 2018-15, passed 9-4-18; Am. Ord. 2019-3, passed 2-19-19; Am. Ord. 2021-02, passed 3-15-21; Am. Ord. 2021-15, passed 10-18-21; Am. Ord. 2021-16, passed 10-18-21; Am. Ord. 2023-10, passed 12-18-23; Am. Ord. 2024-6, passed 4-15-24; Am. Ord. 2024-21, passed 10-21-24; Am. Ord. 2025-8, passed 2-18-25; Am. Ord. 2025-10, passed 2-18-25; Am. Ord. 2025-12, passed 3-17-25)