Definitions — Town of North Kingstown

A-frame § 21-242.1

a temporary sign commonly referred to as a sandwich board, where the frame or support structure is hinged or connected at the top of the sign in such a manner that the sign is easily moved or erected. Awning. A roof cover of canvas or other material extending over building openings to provide protection from the sun and rain.

Abutter § 21-22.1

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

Accessory dwelling unit § 21-22.2

a second dwelling unit subordinate in size to a principal dwelling unit on an owner-occupied lot, located in either the principal dwelling or an existing accessory structure on the same premises, having separate cooking and sanitary facilities and its own legal means of ingress and egress. Any new accessory dwelling unit shall be constructed so as to maintain the appearance and essential character of a single-family dwelling and any existing accessory structures. For required lot area, maximum density, and other zoning purposes, accessory dwelling units shall not be considered to be "dwelling units" unless explicitly stated otherwise in this chapter.

Accessory use § 21-22.3

a use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building. An accessory use shall 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. Accessory vehicle storage adjacent to motor vehicle dealership means the storage of motor vehicles on a property that is situated in North Kingstown that is adjacent to a property situated in another municipality that is used primarily for the sale of motor vehicles.

Act § 21-22.7

Aggrieved party means: Any person who can demonstrate that the person's property will be injured by a decision of any town officer or agency responsible for administering this chapter; or Anyone requiring notice pursuant to this chapter.

Adaptive apartment § 21-22.4

a rental dwelling unit created from an existing unpermitted dwelling unit pursuant to section 21-325(16).

Administrative officer § 21-22.5

the director of planning and development. Adult-use cannabis or recreational cannabis means, as defined by RIGL 1956, § 21-28.11, cannabis which may be legally possessed and consumed for nonmedical purposes by a person who is at least 21 years of age.

Affordable housing § 21-22.6

housing that has a sales price or rental amount that is within means of a household that is moderate income or less, as specified in RIGL 1956, § 42-128-8.1(d)(1). Only that affordable housing which qualifies as "low or moderate income housing" (see definition below) is credited towards meeting the ten percent goal of the Low and Moderate Income

Agricultural land § 21-22.8

land suitable for agriculture because of suitability of soil or other natural characteristics or past use for agricultural purposes. Agricultural land includes that defined as prime agricultural land or additional farmland of statewide importance for this state by the Soil Conservation Service of the United States Department of

Agricultural lands (TDR) § 21-22.10

those lands preserved for agricultural use as part of a sending area land development project. The development rights associated with those lands shall be vested in certificates of development rights and are potentially transferable to receiving area zoning districts.

Agriculture § 21-22.9

Airport hazard area § 21-22.11

any areas of land or water upon which an airport hazard might be established if not prevented as provided in RIGL 1956, § 1-3-1 et seq.

Alteration § 21-333.1

an act that changes one or more of the exterior architectural features of a structure or its appurtenances, including but not limited to the erection, construction, reconstruction or removal of any structure or appurtenance.

Ambulatory and urgent health care § 21-22.12

health care services provided to outpatients whose condition does not require emergency medical care as defined herein, by or under the supervision of a physician/dentist licensed in Rhode Island pursuant to RIGL 1956, chs. 5-37 and 5-31.1 respectively. Animal feeding operation, as defined by the United States Environmental Protection Agency (EPA) found at https://www.epa.gov/npdes/animal-feeding-operations-afos.

Animal hospital § 21-22.13

an establishment of a licensed practitioner primarily engaged in the practice of veterinary medicine, dentistry or surgery for pets such as horses, rabbits, dogs, cats, and birds and other pets with overnight keeping of pets which require continued medical attention.

Animal kennel and/or animal board kennel § 21-22.14

an establishment primarily engaged in overnight boarding of pets such as dogs and cats, without performing veterinary services and including an animal shelter operated by a nonprofit organization.

Applicant § 21-22.15

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

Application § 21-22.16

the completed form and all accompanying documents, exhibits and fees required of an applicant by an approving authority for development review, approval or permitting purposes.

Appurtenances § 21-333.2

features other than primary or secondary structures which contribute to the exterior historic appearance of a property, including but not limited to paving, doors, windows, signs, materials, decorative accessories, fences and historic landscape features.

Area median income (AMI) § 21-22.17

the median household income as determined by the federal Department of Housing and Urban Development (HUD) as of the date of marketing of the housing unit for the designated statistical area where the unit is to be located, adjusted for household size by HUD and by RI Housing.

Arterial § 21-22.205

a major public street that serves as an avenue for the circulation of traffic into, out of, or around the town and that carries high volumes of traffic, and provides for high levels of mobility.

Automobile service station § 21-22.18

any premises used for supplying gasoline and oil, tires, accessories and services for automobiles at retail direct to the motorist consumer, including the making of minor repairs, but not including such major repairs as provided by an automobile repair establishment, such as:

Automobile services § 21-22.20

any service station, storage garage, repair and auto body service or carwash.

BACT (best available controls practices) § 21-22.21

the best available nonpoint pollution control practices, technologies, processes, siting criteria, operating methods, or other alternatives to reduce pollutants and prevent or reduce the degradation of the groundwater.

Barbershop § 21-22.22

any structure where the act of barbering, as defined in RIGL 1956, § 5-27-a, as amended, is carried on.

Bed and breakfast § 21-22.23

an owner-occupied building designed, used and occupied as a single-family residence managed by the property's owner and having, as an accessory use, bedroom accommodations and breakfast provisions for those accommodated as paying guests. Bedroom, for the purpose of establishing a yield plan, means any room in a residential structure that is used to calculate wastewater design flow pursuant to the Rhode Island Department of Environmental Management's (RIDEM) most recent version of Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems.

Billboard § 21-22.24

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

Billboard § 21-242.2

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

BMP (best management practices) § 21-22.25

schedules of activities, prohibitions of practices, maintenance procedures, and other management practices designed to prevent or reduce the degradation of the state's groundwater to the maximum extent possible (RIDEM Groundwater Quality Rules 250-RICR-150-05-3).

Buffer § 21-22.26

land which is maintained in either a natural or landscaped state, and which is used to screen and/or mitigate the impacts of development on surrounding areas, properties or rights-of-way.

Building § 21-22.27

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

Building envelope § 21-22.28

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 § 21-22.29

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 a 100-year storm, the greater of the following amounts, expressed in feet, shall be excluded from the building height calculation: 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 The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a 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 story § 21-22.30

the portion of a building which is between one floor level and the next higher floor level. Such space shall be designed with adequate dimensions to reasonably accommodate daily use in the case of a non-residential use or habitation in the case of a residential use. Attic or subsurface spaces shall not qualify as a story. If a mezzanine floor area exceeds one-third of the area of the floor immediately below it, the mezzanine shall be deemed to be a story.

Business incubator § 21-22.31

a manufacturing or office facility designed to support and encourage the growth of small start-up businesses by providing business support services, opportunities for shared equipment and technology information, sources of financing or other services. Activities may include assembly of manufactured products, research and development, and other activities associated with manufacturing.

Cannabis or marijuana or marihuana § 21-22.32

all parts of any plant of the genus cannabis as defined by RIGL 1956, § 21-28.11, and whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin including tetrahydrocannabinol; provided, however, that "cannabis" shall not include: The mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil or cake made from the seeds of the plant or the sterilized seed of the plant that is incapable of germination;

Capital improvement program § 21-22.34

a proposed schedule of all future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project.

Cardholder § 21-22.35

a person who has been registered or licensed with the department of health or the department of business regulation pursuant to this chapter and possesses a valid registry identification card or license.

Caregiver cultivation § 21-22.36

marijuana cultivation for medical use only by a single registered caregiver cardholder, as defined in RIGL 1956, § 21-28.6.

Carryout restaurant § 21-22.37

an establishment whose business is the preparation and sale of food, frozen desserts or beverages to the customer in a ready-to-consume state and whose design or method of operation is such that food or beverages are served in disposable containers, and no provision is made for consuming the items on the premises.

Certificate of appropriateness § 21-333.3

a certificate issued by the historic district commission indicating approval of plans for alteration, construction, repair, removal or demolition of a structure or appurtenances of a structure within a historic district. Appropriate for the purposes of passing upon an application for certificate of appropriateness means not incongruous with those aspects of the structure, appurtenances or the district which the commission has determined to be historically or architecturally significant.

Certificate of completeness § 21-22.38

a notice issued by the administrative officer informing an applicant that the application is complete and meets the requirements of the town's regulations, and that the applicant may proceed with the approval process.

Certificate of development rights § 21-22.39

a document issued and maintained by the director of planning that serves as the official record for quantification, ownership, sale or extinguishing of transferable development rights associated with land in the sending area overlay district.

Certificate of retained development rights § 21-22.40

a document issued and maintained by the director of planning that serves as the official record for quantification, ownership, sale or extinguishing of non-transferable development rights associated with land in the sending area overlay district.

Clinical veterinary office § 21-22.41

an establishment of a licensed practitioner primarily engaged in the practice of veterinary medicine for pets such as horses, rabbits, dogs, cats, and birds and other pets without overnight boarding. Club or lodge, private, means any building and facility owned or operated by a corporation, association or person for a social, educational or recreational purpose.

Cluster § 21-22.42

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 shall be specified in the ordinances and may include, but are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the resultant open land being devoted by deed restrictions for one or more uses. Under cluster development, there is no increase in the number of lots that would be permitted under conventional development except where provisions include incentive bonuses for certain types or conditions of development.

Coastal Beaches § 21-22.109

210.2 Barrier Islands and Spits, undeveloped 210.3

Coastal features § 21-22.43

coastal features as defined in RIGL 1956, § 46-23-1 et seq.

Coastal Wetlands § 21-22.110

210.4 Coastal Headlands, Bluffs and Cliffs 210.5

Collector § 21-22.206

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

Commercial feedlot § 21-22.44

A feedlot or feed yard is a type of animal feeding operation (AFO) which is used in intensive animal farming for finishing livestock, notably beef cattle, but also swine, horses, sheep, turkeys, chickens or ducks, prior to slaughter. They may contain thousands of animals in an array of pens.

Commercial greenhouse § 21-22.45

a structure utilized for seed germination, plant propagation, hardening-off of, forcing or maintenance of a controlled climate to sustain plant growth otherwise not possible in natural out-of-door surroundings.

Commercial laundering § 21-22.46

any plant or equipment conducted or operated as a laundry for profit and for which business is solicited. Commercial on-site photo processing including, but not limited to x-rays means commercial on-site photo or x-ray processing that is carried out without the use of any chemicals, liquid or solid (i.e., digital imaging) is allowable. Photo and/or x-ray processing facilities that require chemical as a part of their process are prohibited. Commercial paint application shop. This use is characterized by the application of paint and/or epoxy products with any process other than a hand-held brush. Commercial paint application shops that can show proof of the use of only non-toxic latex or water based paints are allowable. Additionally, the use of any solvent-based products for applicator, brush or equipment cleaning is prohibited.

Commercial salvage yard § 21-22.47

an establishment or place of business which is maintained, operated or used for salvaging, storing and selling parts from wrecked vehicles, machinery and structures. Common ownership means either: Ownership by one or more individuals or entities in any form of ownership of two or more contiguous lots; or Ownership by any association (such ownership may also include a municipality) of one or more lots under specific development techniques.

Community residence § 21-22.48

a home or residential facility where children and/or adults reside in a family setting and who 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: Whenever six or fewer retarded children or adults reside in any type of residence in the community, as licensed by the state pursuant to RIGL 1956, § 40.1-24-1 et seq. All requirements pertaining to local zoning are waived for these community residences. A group home providing care or supervision, or both, to not more than eight mentally disabled or mentally handicapped or physically handicapped persons, and licensed by the state pursuant to RIGL 1956, § 40.1-24-1 et seq. A residence for children providing care or supervision, or both, to not more than eight children, including those of the caregiver, and licensed by the state pursuant to RIGL 1956, § 42-72.1-1 et seq. A community transitional residence providing care or assistance, or both, to no more than six 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 and not 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.

Compact village development (CVD) § 21-22.49

a land development project that is authorized pursuant to section 21-95 of this chapter and incorporates a mix of residential and nonresidential uses in a compact, walkable environment.

Compassion center § 21-22.50

a not-for-profit corporation, subject to the provisions of RIGL 1956, tit. 7, ch. 6, and registered under RIGL 1956, § 21-28.6-12, that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies, or dispenses medical marijuana, and/or related supplies and educational materials, to patient cardholders and/or their registered caregiver cardholder or authorized purchaser.

Compassion center cardholder § 21-22.51

a principal officer, board member, employee, volunteer, or agent of a compassion center who has registered with the department of health or the department of business regulation and has been issued and possesses a valid, registry identification card.

Comprehensive plan § 21-22.52

the comprehensive plan adopted and approved pursuant to RIGL 1956, § 45-22.2-1 et seq., and to which any zoning adopted pursuant to RIGL 1956, § 45-24-1 et seq. shall be in compliance.

Conservation development § 21-22.53

a type of land development project which utilizes certain site planning techniques as set forth in the subdivision and land development regulations in order to conserve open land, protect site features and provide flexibility in the siting of structures, services and infrastructure.

Conservation lands (TDR) § 21-22.54

those lands preserved in a natural state and/or for those uses allowable by the planning commission as part of a sending area land development project. The development rights associated with those lands shall be vested in certificates of development rights and are potentially transferable to receiving area zoning districts.

Construction § 21-333.4

the act of adding to an existing structure or appurtenances to a structure, including but not limited to buildings, extensions, outbuildings, fire escapes and retaining walls.

Convalescent home § 21-22.55

an establishment which provides full-time convalescent or chronic care for the aged or infirm. No intensive care treatment commonly provided in hospitals shall be provided in such a home.

Conventional subdivision § 21-22.56

A subdivision in which all lots meet the minimum requirements of the appropriate zoning district and all land being subdivided is dedicated to either development lots or street right-of-way with no common open space. Not a cluster or conservation development.

CRMP Section § 21-22.108

Type of Coastal Feature 210.1

Cross reference— § 21-22.249

Definitions generally, § 1-2.

Cross reference— § 21-242.11

Definitions generally, § 1-2.

Cross reference— § 21-333.11

Definitions generally, § 1-2.

Cross reference— § 21-456.1

Definitions generally, § 1-2.

Cross reference— § 21-503.1

Definitions generally, § 1-2.

Day care § 21-22.57

as follows:

Day care center § 21-22.58

any other day care center that is not a family day care home.

Days § 21-22.61

calendar days. Denial of a special exception for low- and moderate-income housing means the zoning board of review: Refuses to grant a comprehensive permit; or Extends the hearing without reasonable cause. Density, residential, means the number of dwelling units per unit of land.

Demolition § 21-333.5

an act or purpose of destroying a structure or its appurtenances in part or in whole.

Development § 21-22.62

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

Development plan § 21-22.63

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

Development plan review § 21-22.64

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 rights § 21-22.65

In the context of transfer of development rights, the right to develop the maximum number of detached single family dwelling units or the maximum amount of office space that can reasonably be permitted on a designated sending area parcel under the applicable local, state and federal regulations (see also "yield plan").

Digital sign § 21-242.3

an electronic sign display or device that changes message copy on the sign by means of light emitting diodes (LED), fiber optics light bulbs, liquid crystal display or other illumination devices within the display area. Signs using such display methods are commonly called by various names, including, CEVMS (commercial electronic variable message signs or changeable electronic variable message signs), electronic message boards, electronic reader boards, dynamic signs, digital signs, electronic signs, message centers and similar terms.

Dimensional variance § 21-22.227

permission to depart from the dimensional requirements of this chapter where the applicant for the requested relief has shown, by evidence upon the record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use of the subject property unless granted the requested relief from the dimensional regulations. However, the fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief. Vehicle maintenance as accessory to a permitted or special use means vehicle maintenance and repair shall be limited to work conducted entirely within an enclosed building or garage on vehicles that are registered to the person or business currently operating on the property. Total petroleum load allowed to be maintained under this special use permit shall not exceed 500 gallons.

Director § 21-22.66

the director of planning and development.

Directory sign § 21-242.4

a sign which contains listings of two or more commercial establishments and which is designed and constructed so as to allow for changes to the listings to reflect changes in occupancy without major alterations of the entire sign. Each individual directory sign shall not exceed eight square feet. Flag includes any banner adopted by a nation, state or city/town. Flag/banner, decorative, means any flag or banner other than the U.S., state or municipal flag. Lighting, direct, means internal illumination that shines through a plastic or other translucent covering. Lighting, indirect, means lighting that is external to the sign.

Display § 21-22.67

any items, materials or inventory that is/are assembled and ready for immediate sale to customers in a retail area, and also including samples of items available for sale. District. See Zoning use district.

Drainage system § 21-22.68

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 waters and groundwaters, and the prevention and/or alleviation of flooding.

Drive-in establishment § 21-22.69

any business, the major operation of which is over-the-counter service, generating a high turnover of customers and a large volume of traffic.

Dunes § 21-22.113

e. The area within the easement right-of-way of an above or below-ground high voltage electrical transmission lines, generally 69 KV or higher; also including subtransmission lines 23 KV or greater, and located on a separate right-of-way other than a public street. f. Any area of the tract proposed to be developed as a public or private street right-of-way. g. Any area of ledge and/or rock outcrops visible at the land surface. h. High Water Table limitation districts and Flood Hazard limitation districts as defined in Article 14 of Subdivision and Land Development Regulations. Land described in subsections (1)a.—h. above, may be included as part of any lot in any residential subdivision or land development project; provided, however, that land unsuitable for development shall not be counted toward the minimum lot area required in Article IV of the zoning ordinance. This provision shall not apply to any non-residential subdivision or development.

Duplex § 21-22.70

a single building containing two dwelling units.

Dwelling § 21-22.71

a building containing one or more dwelling units and no other principal uses. Dwelling, two-family means a dwelling containing two dwelling units, neither of which complies with the requirements of section 21-325(7) of this chapter for an accessory dwelling unit.

Dwelling unit § 21-22.72

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.

Educational and training center § 21-22.73

a facility operated and maintained by an entity wherein the employees of that entity are provided training to assist such employees in performing employment duties with the entity; or, alternatively, a facility operated by a government or nonprofit entity for the purpose of providing job skills and employment training.

Establishment § 21-22.74

an enterprise that is carried on for profit by the owner, lessee or licensee.

Extraction industry § 21-22.75

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

Family § 21-22.76

a person related by blood, marriage or other legal means. See also Household.

Family day care home § 21-22.59

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 less individuals who are not relatives of the caregiver, but may not contain more than a total of eight individuals receiving day care.

Farm brewery § 21-22.77

a facility located on a farm or as part of an agricultural operation of no less than five acres for the brewing of beer which is manufactured, in part, with at least one primary ingredient including, but not limited to, hops, grain and fruit grown on the premises, where customers have the opportunity to tour the farm and production facilities, sample beer and purchase and consume beer offsite in accordance with RIGL 1956, § 3-6.

Farm distillery § 21-22.78

an establishment or facility on a farm that manufactures intoxicating liquor on the premises and has been issued a manufacturers license under applicable RIGL 1956, § 3-6-1.

Farm wineries § 21-22.79

a plant or premises located on a property of no less than five acres with a primary agricultural use, where wine is produced, fermented, blended or fortified from fruits, flowers, herbs, or vegetables, that shall cultivate wine or winery products on the premises for sale as defined by RIGL 1956, § 3-6-1.1, as amended, and where customers have the opportunity to tour the farm and production facilities, sample wine, and purchase wine for onsite or offsite consumption. The winery shall be required to meet all local and state licensing and zoning requirements.

Farmers' market § 21-22.80

an occasional or periodic market, with goods offered for sale to the general public by individual sellers from open-air or semi-enclosed facilities or temporary structures. The market is composed of three or more vendors with outdoor stalls, stands or spaces used for the purpose of display and sale of merchandise, which is limited to home produced or locally grown farm produce, food, and agricultural crafts.

Fast-food restaurant § 21-22.81

an establishment whose business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state for consumption either on the premises or off the premises and whose design or method of operation is such that food or beverages are served in disposable containers. Federally insured or assisted housing means: Low-income housing units insured or assisted under sections 221(d)(3) and 236 of the National Housing Act (12 USC 1701 et seq.); Low-income housing units produced with assistance under section 8 of the U.S. Housing Act of 1937 (42 USC 1401 et seq.); and Rural low-income housing financed under section 515 of the Housing Act of 1949 (12

Floating zone § 21-22.83

an unmapped zoning district adopted within this chapter which is established on the zoning map only when an application for development, meeting the zone requirements, is approved. Floodplain and flood hazard area mean an area that has a one-percent or greater chance of inundation in any given year, as delineated by the Federal Emergency Management Agency, pursuant to The National Flood Insurance Act of 1968, as amended (PL 90-448) (42 USC 4011 et seq.).

Freestanding accessory solar energy system § 21-22.84

a freestanding solar energy system that is incidental and subordinate to the principal use(s) of a parcel.

Freestanding solar energy system § 21-22.85

a solar energy system that is not attached to a structure and is ground mounted.

Front § 21-22.125

the lot line separating a lot from a street right-of-way. On a corner lot or a through lot, both lot lines which separate the street right-of-way from the lot are considered front lot lines;

GAA § 21-22.86

those groundwater resources which the director of the state department of environmental management has designated to be suitable for public drinking water use without treatment and which are located within the areas described in RI Groundwater Quality Rules (250-RICR-150-05-3) §§ 3.9(A)(1)(a) through (c), [codified herein as subsections (1)—(3),] below. Groundwater reservoirs and portions of their recharge areas as delineated by the department. Wellhead protection areas for community water supply wells delineated in accordance with § 3.16 of the RI Groundwater Quality Rules. Wellhead protection areas for community water supply wells will by definition be considered reclassified to GAA at the time of approval of the community water supply well by the state department of health. Groundwater dependent areas that are physically isolated from reasonable alternative water supplies and where the existing groundwater supply warrants the highest level of protection. Block Island is the only area currently designated pursuant to this provision.

Gross floor area § 21-22.87

the total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage. Groundwater and associated terms mean as defined in RIGL 1956, § 46-13.1-3.

Groundwater overlay zones § 21-22.88

both "wellhead protection overlay zone" and "groundwater protection overlay zone."

Groundwater reservoirs § 21-22.89

those stratified drift deposits having a saturated thickness greater than or equal to 40 feet and a transmissivity greater than or equal to 4000 feet squared per day which have been designated by the director (RIDEM) to be potentially significant sources of water. Hairdresser and cosmetician mean any person who arranges, dresses, curls, cuts, waves, singes, bleaches or colors the hair or treats the scalp, manicures the nails of any person, either with or without compensation, or who by the use of the hands or appliances or of cosmetic preparations, antiseptics, tonics, lotions, creams, powders, oils, clays engages, with or without compensation, in massaging, cleaning, stimulating, manipulating, exercising or beautifying or in doing similar work upon the neck, face or arms or who removes superfluous hair from the body of any person.

Group family day care home § 21-22.60

a residence occupied by an individual of at least 21 years of age who provides care for not less than nine and not more than 12 children, with the assistance of one or more approved adults for any part of a 24-hour day. The maximum of 12 children shall include children under six years of age who are living in the home, schoolage children under the age of 12 years whether they are living in the home or are received for care, and children related to the provider who are received for care.

Halfway house § 21-22.90

a residential facility for adults or children who have been institutionalized for criminal conduct and who require a group setting to facilitate the transition to a functional member of society.

Hardship § 21-22.91

See subsection 21-11(b), zoning board of review powers and duties. Hazardous materials and toxic materials mean any substance or combination or substances which, because of quantity, concentration or physical, chemical or infectious characteristics, poses a significant present or potential hazard to water supplies or to human health. Any substance considered a hazardous or toxic waste under section 3001 of the Resource Conservation Recovery Act of 1976, 40 CFR 26; as defined under RIGL 1956, § 23-19.1-1 et seq., as amended; as defined by 40 CFR 116 pursuant to section 311 of the Federal Clean Water Act and subsequent amendments thereto; or as defined by section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1989 (42 USC 9605), as amended, shall also be considered hazardous for the use of this chapter.

Health and fitness facility § 21-22.92

a facility maintained by an entity which may or may not include saunas, steam baths and Jacuzzis, or other such similar equipment, where the employees of the entity are offered or provided facilities for and instruction in general health, physical fitness, and exercises such as weightlifting, calisthenics and aerobics. Health care facilities, hospitals, nursing and convalescent homes means the category of medical facility that is characterized by the need for patients to remain at the facility for periods of 24 hours or longer.

Helistop § 21-22.93

a landing area used for the landing and taking off of a helicopter for the purposes of picking up and discharging of passengers or cargo.

Hemp; or § 21-22.33

The weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink or other products, Cannabis cultivator or marijuana cultivator means, as defined by RIGL 1956, § 21-28.11, an entity licensed to cultivate, process and package cannabis, to deliver cannabis to cannabis establishments and to transfer cannabis to other cannabis establishments, but not to consumers. Cannabis establishment or marijuana establishment means, as defined by RIGL 1956, § 21-28.11, a cannabis cultivator, cannabis testing laboratory, cannabis product manufacturer, cannabis retailer, hybrid cannabis retailer or any other type of licensed cannabis-related business. Cannabis retailer or marijuana retailer means, as defined by RIGL 1956, § 21-28.11, an entity licensed pursuant to RIGL 1956, § 21-28.11-10.2 to purchase and deliver cannabis and cannabis products from cannabis establishments and to deliver, sell or otherwise transfer cannabis and cannabis products to cannabis establishments and to consumers. Cannabis testing laboratory means, as defined by RIGL 1956, § 21-28.11, a third-party analytical testing laboratory that is licensed annually by the commission, in consultation with the department of health, to collect and test samples of cannabis and cannabis products pursuant to regulations issued by the commission and is: Independent financially from any medical cannabis treatment center or any licensee or cannabis establishment for which it conducts a test; and Qualified to test cannabis in compliance with regulations promulgated by the commission pursuant to this chapter. The term includes, but is not limited to, a cannabis testing laboratory as provided in RIGL 1956, § 21-28.11-11. Capacity and land capacity mean the suitability of the land, as defined by geology, soil conditions, topography and water resources, to support its development for uses such as residential, commercial, industrial, open space or recreation.

High strength wastewater § 21-22.94

wastewater characterized by biological oxygen demand (BOD) of greater than 300 mg/l, total suspended solids of greater than 350 mg/l and/or fats, oils and grease (FOG) of greater than 150 mg/l. Additionally, elevated concentrations of petroleum constituents and phosphates can allow for wastewater to be characterized as high strength. Uses that typically produce high strength wastewater include, but are not limited to, the following: restaurants, coffee shops and convenience stores, food processing facilities, supermarkets that include on-site food preparation, nursing homes and other overnight medical and care facilities, hotels, motels, bed and breakfasts & inns with food preparation, funeral homes with on-site embalming facilities, car washes, laundromats, RV and marine pump out facilities, and gas stations with food or drink dispensing facilities.

Historic district § 21-22.95

one or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site and which has been registered or is deemed eligible to be included on the state register of historic places pursuant to RIGL 1956, § 45-45-5. See also the definition of the term "historic district" in section 21-333.

Historic district § 21-333.6

a specific division of the town as designated by section 21-332. A historic district may include one or more structures. In kind means any maintenance, repair, or replacement which does not result in any change of design, type of material or appearance of the structure or its appurtenances.

Historic site § 21-22.96

any real property, humanmade structure, natural object or configuration or any portion or group of such property, object or configuration which has been registered or is deemed eligible to be included on the state register of historic places pursuant to RIGL 1956, § 45-5-5.

Home improvement stores § 21-22.97

retail establishments selling a variety of home and building related items including, but not limited to, plumbing supplies and fixtures, electrical supplies and fixtures, paint, hardware, power tools, flooring, appliances, garden and nursery products and equipment.

Home occupation § 21-22.98

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

Hotel § 21-22.99

a building, group of buildings or a portion thereof used or offered for residential occupancy for any period less than one month, with or without meals, and in which such building or portion thereof may be certain public rooms or halls for the service of food and drink.

Household § 21-22.100

one or more persons living together in a single dwelling unit, with common access to and common use of all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit. The term "household unit" shall be synonymous with the term "dwelling unit" for determining the number of such units allowed within any structure on any lot in a zoning district. An individual household shall consist of any one of the following: A family, which may also include servants and employees living with the family; or A person or group of unrelated persons living together. Housing unit. See Dwelling unit. Hybrid cannabis retailer or hybrid compassion center means, as defined by RIGL 1956, § 21-28.11, a compassion center licensed pursuant to chapter 28.6 of this title that is in good standing with the department of business regulation and that has paid the fee pursuant to RIGL 1956, § 21-28.11-10 and has been authorized to sell nonmedical or adult-use cannabis to consumers.

Incentive zoning § 21-22.101

the process whereby the local authority may grant additional development capacity in exchange for the developer's provision of a public benefit or amenity as specified in this chapter.

Inclusionary unit § 21-22.102

a low or moderate income housing unit (see definition below) that meets the affordability level, unit type, and other requirements of article XXII, enabling it to be counted towards the requirements of that section.

Indoor commercial recreation § 21-22.103

a recreational activity, carried out for profit, conducted entirely within a building or substantial structure such as bowling alleys, billiard and pool halls, exercise facilities, skating rinks and the like, which may include accessory uses such as retail, food service, personal convenience service and office activities.

Infrastructure § 21-22.104

facilities and services needed to sustain residential, commercial, industrial, institutional and other activities. Junkyard and salvage yard mean any place where two or more motor vehicles not in running condition or parts thereof are stored in the open and are not being restored to operation; or any land, building or structure, used for wrecking or restoring of motor vehicles or farm machinery or parts thereof stored in the open and not being restored to operating condition.

Land development project § 21-22.105

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

Land unsuitable for development § 21-22.106

land which has severe or very severe limitations for development. When creating new lots for development, land unsuitable for development shall not be counted towards the minimum lot area required. The following regulations shall apply: When calculating the basic maximum number of dwelling units permitted in any residential subdivision or land development project, land included in all of the following categories shall be considered unsuitable for development and shall be deducted from the minimum building acreage of the parcel: Freshwater wetlands, except that area of perimeter wetland within 50 feet of the edge of any bog, marsh, swamp, pond or special aquatic site, and also excluding any riverbank, as defined by RIGL § 2-1-20 (1987), as amended, and any definitions contained in the rules and regulations governing the Administration and Enforcement of the Freshwater Wetlands Act, adopted pursuant to RIGL § 2-1-20.1., as amended.

Landing development rights § 21-22.114

the process by which a developer or property owner may apply development rights previously established in the sending area overlay district to parcel(s) in the receiving area for the purposes of increasing density as may be allowed in the zoning ordinance or Subdivisions and Land Development Rules and Regulations. This process involves an application for a major subdivision or land development project as applicable to the planning commission.

Large onsite wastewater treatment system § 21-22.115

an OWTS that meets any of the following: Any single OWTS designed to treat 5,000 gallons or more per day; Multiple OWTSs for any project on one or more parcels of land, excluding residential subdivisions, where the total design flow for the project is 5,000 gallons or more per day; All OWTSs serving multiple residential units in a residential subdivision, provided that the total design flow of these OWTSs, each serving more than one unit, is 5,000 gallons or more per day; or Proposed OWTSs and existing OWTSs on the parcel that will result in a total design flow for the parcel exceeding 5,000 gallons per day.

Licensed cultivator § 21-22.116

a person, as identified in RIGL 1956, § 43-3-6, who has been licensed by the department of business regulation to cultivate marijuana pursuant to RIGL 1956, § 21-28.6-16.

Limited access highway § 21-22.117

a freeway or expressway providing for through traffic. Owners or occupants of abutting property on lands and other persons have no legal right to access, except at such points and in such manner as may be determined by the public authority having jurisdiction over the highway.

Limited access highway § 21-22.209

as defined in this section. Street, cul-de-sac, means a local street with only one outlet and having an appropriate vehicular turnaround, either temporary or permanent, at the closed end.

Limited equity housing cooperative § 21-22.118

a cooperative housing association or corporation organized and operated primarily for the benefit of low- and moderate-income persons, having articles of incorporation and whose equity after allowance for maximum transfer value of its stock is permanently dedicated to providing housing to persons of low- and moderate income or to a charitable purpose.

Linear frontage § 21-242.5

the length of the lot in feet that abuts a public road. For a corner lot, the linear frontage shall be measured along the public road that serves as the primary entrance to the establishment.

Local § 21-22.207

a street whose primary function is to provide access to abutting properties. There are three types of local streets: Local access (double-loaded). Public streets whose primary function is to provide access to abutting properties on both sides of the street. Parking may be allowed on these streets. Local access (single-loaded). Public streets whose primary function is to provide access to abutting properties on one side of the street only. Parking should be discouraged on these streets. c.

Local board § 21-22.119

the zoning board of review, planning commission, platting board of review, building official, building code board of appeal, town council or any other board or commission having authority to supervise the construction of a building or the power of enforcing municipal building, subdivision or zoning ordinances. Lot means either: The basic development unit for determination of lot area, depth and other dimensional regulations; or 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.

Local private § 21-22.208

Private streets whose primary function is to provide access to abutting properties. Streets within residential compounds serving up to seven (7) dwelling units on a private street fall within this classification.

Lot area § 21-22.120

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 § 21-22.121

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

Lot depth § 21-22.122

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. In the case of through lots the lot depth shall be determined by the average distance between the two front lot lines of the parcel in question.

Lot frontage § 21-22.123

that portion of a lot abutting a street. Noncontiguous frontage shall not be considered with regard to meeting the minimum frontage requirement.

Lot line § 21-22.124

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 including the following:

Lot width § 21-22.128

the horizontal distance between the sidelines 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.

Low and moderate-income housing § 21-22.129

affordable housing (as defined above) which is subsidized by a federal, state or municipal government subsidy to assist its construction or affordability, has that affordability assured for at least 30 years through a land lease and/or deed restriction, and complies with certain other requirements as specified in RIGL 45-53-3(5). All low and moderate income housing units are "affordable housing" as herein defined, but only those low and moderate income housing units which meet the further requirements of article XXII of this chapter are credited towards satisfying the obligations of a development under this chapter to provide for inclusionary units. Marijuana has the meaning given that term in RIGL 1956, § 21-28-1.02(26).

Manmade Shorelines § 21-22.112

210.7

Marijuana store § 21-22.130

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

Marina § 21-22.131

any dock, pier, wharf, float, floating business or combination of such facilities that serves five or more recreational boats as a commercial enterprise or in association with a club.

Master plan § 21-22.132

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.

Maximum groundwater table elevation § 21-22.133

that level observed when the groundwater is at its highest level during the year or the highest level observed in past years when such information is available. Medical cannabis means, as defined by RIGL 1956, § 21-28.11, cannabis and cannabis products that satisfy the requirements of chapter 28.6 of this title and have been given the designation of "medical cannabis" or "medical marijuana" due to dose, potency and form. Medical cannabis products are only available for use by patient cardholders, and may only be sold to or possessed by patient cardholders, or their registered caregiver, or authorized purchaser in accordance with chapter 28.6 of this title. Medical cannabis may not be sold to, possessed by, manufactured by, or used by any person except as permitted pursuant to chapter 28.6 of this title. Medical cannabis treatment center or Medical marijuana treatment center, as defined by RIGL 1956, § 21-28.11, includes a compassion center, a medical marijuana emporium, or marijuana establishment licensee who operates a treatment center, as defined in RIGL 1956, § 21-28.6-3.

Medical clinic § 21-22.134

a building used for diagnosis and treatment of ill, infirm or injured persons but which does not provide board, room or inpatient hospital care. Medical or biological laboratories, clinics or research facilities means facilities in this category with processes that can be carried out without the use of any chemicals, liquid or solid, are allowable.

Medical marijuana cultivation center § 21-22.135

any entity that, under state law, may acquire, possess, cultivate, manufacture, deliver, transfer, transport, or supply medical marijuana, to a registered compassion center, or other entity authorized to dispense medical marijuana. Medical marijuana emporium as defined in RIGL 1956, § 21-28.6-3 means any establishment, facility or club, whether operated for-profit or nonprofit, or any commercial unit, at which the sale, distribution, transfer, or use of medical marijuana or medical marijuana products is proposed and/or occurs to, by or among registered patients, registered caregivers, authorized purchaser cardholders or any other person. This shall not include a compassion center regulated and licensed by the department of business regulation pursuant to the terms of this chapter.

Mere inconvenience § 21-22.136

See section 21-11, zoning board of review powers and duties.

Mixed use § 21-22.137

the inclusion of more than one general type of land use within a single structure or site development as they are grouped in the land use table under article III. For the purposes of this ordinance, all mixed use projects shall include a residential component that is fully integrated into the site or structure in a way that enables residents to easily access non-residential amenities.

Mobile home § 21-22.138

a structure that is transported in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.

Mobile home dwelling unit lot § 21-22.139

the area within a mobile home park upon which a mobile home dwelling unit is located including the area taken up by the footprint of the mobile home dwelling unit as well as the area surrounding the mobile home dwelling unit as specified in section 21-325(14)c, or: Such reduced area as may have been occupied by a mobile home dwelling unit prior to May 7, 2001; or Such reduced area as may have been created by a license issued pursuant to chapter 10 of this Code prior to May 7, 2001, regardless of the existence of a mobile home dwelling unit on such mobile home dwelling unit lot.

Modification § 21-22.140

permission granted and administered by the town zoning administrator and pursuant to this chapter to grant a dimensional variance from the minimum setback requirements of this chapter to a limited degree as determined by this chapter, but not to exceed 25 percent of each of the applicable dimensional requirements. Motel. See Hotel.

Multifamily dwelling § 21-22.141

a building with three or more dwelling units, including but not limited to a townhouse. New motor vehicle dealership an establishment primarily engaged in the business of selling, offering for sale, leasing, renting, servicing, repairing and outside storage of new motor vehicles. A new motor vehicle is a vehicle which has not been used for other than demonstration purposes and for which the original title has not been transferred from a licensed motor vehicle dealer. Any motor vehicle which is not a new motor vehicle shall be deemed to be a used motor vehicle. The sale, offering to sell, lease, rental servicing, repair and outside storage of used vehicles may be allowed only when accessory to the new motor vehicle dealership. Nitrate-reducing cluster or satellite system, RIDEM approved means an innovative system with flows that meet or exceed 10,000 gallons per day and has been approved by the state department of environmental management as a system capable of treating effluent to a maximum discharge level of ten mg/L.

New construction § 21-333.7

any new structure and/or substantial alteration or addition to an existing structure affecting the exterior appearance of the structure.

Non-residential cooperative cultivation § 21-22.146

a use of land located in a nonresidential zone, or of a building, or a portion thereof, located in a nonresidential zone, by two or more cardholders who cooperatively cultivate medical marijuana, as defined in RIGL 1956, § 21-28.6.

Nonconformance § 21-22.142

a building, structure or parcel of land or use thereof lawfully existing on the effective date of the ordinance from which this chapter derives or the amendment of this chapter and not in conformity with the provisions of this chapter or amendment. Nonconformance shall be of only two types as follows:

Nonconforming by dimension § 21-22.144

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 this chapter shall be nonconforming by use; a building or structure containing a permitted number of dwelling units by the use regulations of this chapter, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.

Nonconforming by use § 21-22.143

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 this chapter shall be nonconforming by use; or

Nonprofit organization § 21-22.145

a nonprofit corporation which has tax-exempt status as determined by the United States Internal Revenue Service.

Nursery products § 21-22.147

any living tree, plant or other flora, whether or not grown on site, and any products or materials ordinarily and necessarily associated with the growing of said tree, plant or other flora, including, but not limited to, soil, mulch, fertilizer, growing containers and water delivery systems, but not including machinery, or equipment such as tractors or lawn mowers and not including decorative materials such as paving stones, fences and garden sheds.

Nursery school (municipal or commercial) § 21-22.148

an establishment providing formal or informal education to preschool children and duly licensed by the state for that purpose.

Onsite wastewater treatment system (OWTS) § 21-22.149

any system of piping, tanks, dispersal areas, alternative toilets or other facilities designed to function as a unit to convey, store, treat or disperse wastewater by means other than discharge into a public wastewater system.

Open air market § 21-22.150

any outdoor area used for sales.

Open space § 21-22.151

any land that is primarily undeveloped, including public and semipublic open lands, and private development requiring little or no construction. The purpose of this land is to provide park, recreational, historic and scenic uses, and to provide for the conservation of land and other natural resources. The following uses are considered to be in character with the concepts of this definition: farming, conservation, historic area, hunting preserves, state and local parks, parkways, playfields, playgrounds, reforestation areas and wood lots, reservations, watersheds and water supply lands, wildlife refuges, nature centers, day and overnight camps for children, golf and country clubs, and sports clubs. Organized ambulatory care facility hereinafter referred to as OACF means a structurally distinct public or private health care establishment, institution or facility, primarily constituted, staffed and equipped to deliver ambulatory and urgent health care services as defined herein, to the general public and known by such terms as central service facility, treatment center, diagnostic center, rehabilitation center (outpatient), infirmary, outpatient clinic or health center which is not a part of a hospital, excluding however, OACFs owned and operated by professional service corporations as defined in RIGL 1956, ch. 7-5.1, (the "Professional Services Corporation Law"), or to a private practitioner's (physician, dentist or other health care provider) office, and/or operated by an individual practitioner, alone or as a member of a partnership, professional service corporation, organization or association), and those health care facilities otherwise licensed by or under the jurisdiction of the department of health and/or the department of behavioral healthcare, developmental disabilities and hospitals, or other governmental agency.

Ord § 21-22.244

No. 98-13, § 1, 9-14-1998; Ord. No. 00-9, § 1, 3-13-2000; Ord. No. 01-1, § 6, 2-12-2001; Ord. No. 01-7, § 1, 5-7-2001; Ord. No. 03-09, § 1, 7-7-2003; Ord. No. 06-05, §§ 4—7, 4-10-2006; Ord. No. 06-06, §§ 1, 2, 4-10-2006; Ord. No. 07-02, §§ 5, 6, 2-5-2007;

Ord § 21-22.245

No. 07-12, § 2, 6-11-2007; Ord. No. 07-21, §§ 1, 2, 9-10-2007; Ord. No. 07-22, § 1, 9-10-2007; Ord. No. 07-23, §§ 1—3, 9-24-2007; Ord. No. 08-17, § 1, 7-7-2008;

Ord § 21-22.246

No. 08-18, § 1, 7-7-2008; Ord. No. 08-19, § 1, 8-4-2008; Ord. No. 08-26, § 1, 10-20-2008; Ord. No. 10-04, § 1, 2-22-2010; Ord. No. 10-13, § 1, 8-16-2010; Ord. No. 10-16, § 1, 9-27-2010; Ord. No. 11-18, § 1, 6-27-2011; Ord. No. 11-22, § 1, 11-21-2011;

Ord § 21-22.247

No. 12-03, § 1, 2-27-2012; Ord. No. 13-19, § 1, 12-9-2013; Ord. No. 13-21, § 1, 12-9-2013; Ord. No. 17-07, § 1, 4-17-2017; Ord. No. 17-18, § 1, 9-25-2017; Ord. No. 18-02, § 1, 1-8-2018; Ord. No. 18-11, § 1, 5-7-2018; Ord. No. 19-02, § 1, 3-11-2019;

Ord § 21-22.248

No. 19-12, § 1, 8-19-2019; Ord. No. 20-10, § 1, 5-18-2020; Ord. No. 20-11, § 1, 5-18-2020; Ord. No. 21-10, § 1, 8-16-2021; Ord. No. 22-05, § 1, 3-14-2022; Ord. No. 23-03, § 1, 4-24-2023)

Outdoor commercial recreation § 21-22.152

a recreational activity, carried out for profit, conducted primarily outside of an enclosed building such as tennis courts, athletic fields, swimming pools and the like, which may include indoor and outdoor accessory uses such as retail, food service, personal convenience service and office activities. Outdoor display, small-scale means the showing of goods associated with a non-residential use outside of the primary enclosed structure along the side of the building in a manner that is designed to attract customers. Said display is generally deemed incidental to the operation of the business and display areas are not necessarily a formal element of site design. Small scale display shall not occur in front of the structure. Where the front a structure is not directed towards the roadway, the display shall not occur between the structure and the roadway, but shall occur along the side or rear of the structure. Said goods shall be returned to the inside of the structure while the business is not in operation. The display area shall not exceed five percent of the total retail floor area of the ground floor non-residential use. Outdoor storage/display, large-scale means the keeping of goods associated with a non-residential use outside of the primary enclosed structure. Said storage or display is generally deemed integral to the operation of the business. Large scale storage or display shall occur along the side or rear of the structure.

Overlay district § 21-22.153

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

Paper street § 21-22.154

a preexisting undeveloped street which was designated for public purposes and recorded with the town clerk prior to September 1946, but which does not conform with the definition of a street as defined in this section. Any lot line bordering along a paper street shall not be considered in calculating the minimum required frontage under this chapter.

Parking area § 21-22.155

an off-street area containing three or more parking spaces, with passageways and driveways appurtenant to such spaces and giving access thereto.

Parking area aisles § 21-22.156

a portion of the vehicle accommodation area consisting of lanes providing access to parking spaces.

Parking space § 21-22.157

a portion of the vehicle accommodation area set aside for the parking of one vehicle.

Patient marijuana cultivation § 21-22.158

medical marijuana cultivation by a single registered cardholder, as defined in RIGL 1956, § 21-28.6, within his or her residential dwelling for medical use only. This use shall only be permitted as an accessory use to a lawfully permitted residential use. In a mixed-use building that contains residential and nonresidential uses, this use shall be contained within the residential dwelling unit only.

Performance standards § 21-22.159

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

Permitted use § 21-22.160

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

Personal convenience service § 21-22.161

activities such as barbershops or beauty shops, clothes cleaning pickup or pressing, dressmaking or tailoring, self-service laundry or dry cleaning, shoe repair, and home appliance repair shops.

Petroleum product § 21-22.162

crude oil or any product derived from or produced as a residual to the petroleum refining process including but not limited to gasoline, fuel oil (Nos. 1, 3, 4, 5 and 6), waste oil, gasohol and diesel oil (No. 1 and No. 2-D).

Planned development § 21-22.163

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

Planning commission § 21-22.164

the official town planning agency.

Plant agriculture § 21-22.165

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

Preapplication conference § 21-22.166

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.

Premises § 21-22.167

a building or structure, or piece or tract of land or real estate, whether vacant or otherwise.

Primary caregiver § 21-22.168

a natural person who is at least 21 years old. A primary caregiver may assist no more than five qualifying patients with their medical use of marijuana.

Principal use § 21-22.169

the main or primary purpose for which a building, other structure and/or lot is designed, arranged or intended, or for which they may be used, occupied or maintained under this chapter.

Private right-of-way § 21-22.170

deeded rights-of-way to lots without frontage on a street.

Process wastewater § 21-22.171

any water which, during manufacturing or processing, comes into direct contact with, or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product (USEPA).

Professional offices § 21-22.172

operations designed to attract and serve customers or clients on the premises with low-volume customer traffic such as lawyer, doctor, dentist, architect, engineer, realtor, accountant, travel agency, stockbroker, insurance agency, computer processing services and the like.

Public agency § 21-22.173

any state, municipal or other governmental entity or public body or its agency or instrumentality.

Rated nameplate capacity § 21-22.174

the maximum power production capacity of the equipment, which shall be indicated by the manufacturer on a weatherproof label with a "nameplate" affixed to the equipment.

Rear § 21-22.126

the lot line opposite and most distant from the front line, or, for 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

Receiving area zoning district (receiving area) § 21-22.175

a zoning overlay district eligible to receive development rights through a major land development project review.

Recharge area § 21-22.176

the land surface from which water is added to the zone of saturation. The recharge area for a particular well or aquifer, for instance, is that land surface from which water moves to the well or aquifer or may move to the well or aquifer under certain hydraulic conditions.

Rehabilitation § 21-22.177

substantial upgrade or modification of the interior or exterior of the structure, correction of substantial conditions and/or replacement of major housing systems in danger of failure, but excluding repairs of owner-occupied units and privately owned rental units unless the units remain as low- or moderate-income housing for a period of not less than 30 years from initial occupancy after rehabilitation as cited in subsection 21-16(b)(2) and meet the definition of low and moderate income as defined in this section.

Removal § 21-333.8

a relocation of a structure on its site or another site.

Repair § 21-333.9

a change meant to remedy damage or deterioration of a structure or its appurtenances.

Research and development facility § 21-22.178

a building for research and design of new products or ideas. Residence, two-family, means a residential use consisting of a building containing two dwelling units.

Residential cooperative cultivation § 21-22.179

two or more cardholders who cooperatively cultivate medical marijuana in residential locations subject to restrictions set forth in RIGL 1956, § 21-28.6.

Restaurant § 21-22.180

a business enterprise engaged in serving and preparing food and beverages selected from a menu by patrons seated at a table or counter, served by a waitress or waiter and consumed on the premises.

Retail stores § 21-22.181

retail establishments, the business of which is conducted entirely within a building such as general merchandise, food, dry goods and appliances, drugs, specialty items, machinery and building material. Retained development rights. In the sending area overlay district, those development rights for a parcel(s) of land that may still be applied to said parcel(s) in the form of future residential or commercial development subject to planning commission approval.

RIGL 1956, § 45-24.6-1 et seq § 21-22.185

Rocky Shores § 21-22.111

210.6

Roof mounted solar energy system § 21-22.182

a solar energy system mounted on the roof of a structure, including a principal or accessory structure.

Rotor diameter § 21-22.183

the diameter of the circle defined by the moving rotor blades.

Scenic road § 21-22.184

a road so designated in accordance with this chapter and/or in accordance with

Sending area overlay district (sending area) § 21-22.186

a zoning overlay district eligible for establishing development rights that may eventually be transferred to a receiving area.

Septage § 21-22.187

any human or animal excremental liquid or substance, and putrescible animal or vegetable matter, garbage and filth, including the discharge of water closets, laundry tubs, washing machines, sinks, dishwashers and the contents of septic tanks, cesspools and privies.

Setback line § 21-22.188

a line parallel to a lot line at the minimum distance of the required setback for the zoning district in which the lot is located that establishes the area within which the principal structure must be erected or placed.

Shadow flicker § 21-22.189

the visible flicker effect when rotating blades of the wind energy system cast shadows on the ground and nearby structures causing a repeating pattern of light and shadow.

Sharrow § 21-22.190

a sign placed (usually painted) on the pavement of a travel lane or shoulder depicting a bicycle in tandem with an arrow pointing in the direction of traffic flow thereby indicating that the travel lane is to be shared by motorists and bicyclists.

Shopping center § 21-22.191

a group of commercial establishments, planned, developed and owned and managed as a unit, with off-street parking provided on the property; or any group of commercial establishments with common walls or a series of two or more separately owned establishments which share a common parking lot with spaces for at least ten cars.

Shopping center § 21-242.6

two or more retail or mixed use establishments contained within the same building and/or sharing a parking lot. Shopping centers include shopping malls.

Side § 21-22.127

any lot line other than a front lot line or rear lot line. In the case of through lots or corner lots such lots shall be deemed to have no rear lot line and only front and side lot lines as described above. Lot, through, means a lot that fronts upon two parallel streets, or that fronts upon two streets which do not intersect at the boundaries of the lot.

Sign § 21-22.192

any device, whether freestanding or attached to a building or structure, or that is erected, painted, represented or reproduced upon or in (to the extent provided in this chapter) any building or structure, which displays, reproduces or includes any letter, work, name, number, model, insignia, design, device or representation used for one or more of the following purposes: To identify the premises or occupant or owner of the premises; To advertise the sale or rental or use of all or part of any premises, including that upon which it is displayed; To direct vehicular or pedestrian traffic other than state or municipal highway and roadway markers; and Including any announcement, declaration, demonstration, display, illustration, insignia or any representation used to advertise or intended to advertise or promote the interest of any person or corporation.

Sign § 21-242.7

any device, whether freestanding or attached to a building or structure, or that is erected, painted, represented or reproduced upon or in (to the extent provided in this chapter) any building or structure, which displays, reproduces or includes any letter, work, name, number, model, insignia, design, device or representation used for one or more of the following purposes: (1) To identify the premises or occupant or owner of the premises; (2) To advertise the sale or rental or use of all or part of any premises, including that upon which it is displayed; (3) To direct vehicular or pedestrian traffic other than state or municipal highway and roadway markers; and (4) Including any announcement, declaration, demonstration, display, illustration, insignia or any representation used to advertise or intended to advertise or promote the interest of any person or corporation. Sign, freestanding, means a sign supported by a pole, uprights, braces or frame on or in the ground and not supported by any wall, building or similar structure. This definition includes ground-mounted signs.

Sign height § 21-242.8

the vertical distance measured from the ground at the base of the sign of the highest point of any portion of the sign or supporting structure. Sign, obsolete, means any sign which advertises an area, use, business or product no longer sold on site or service no longer offered. Sign, off-premises, means any sign or advertising device, not exceeding 15 square feet, which advertises a use or activity not located or a product not sold or manufactured on the lot on which the sign or device is located. Sign, projecting, means a sign erected so as to project approximately perpendicular from the exterior of any building, ceiling or wall.

Sign setback § 21-242.9

the setback measured from the property line to the outermost edge of the sign or supporting structure, whichever is closer to the lot line. Sign, wall-mounted, means a sign erected against or attached to the wall of any building or structure, except a freestanding sign support, including signs affixed to fences, screens, awnings, and freestanding walls.

Site control § 21-22.193

evidence that the developer has control of the property in question; a copy of a properly executed deed, purchase and sale agreement, option agreement or lease agreement indicating the term of the lease.

Site plan § 21-22.194

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

Soil evaluation § 21-22.195

interpretation of the morphology and properties of the soil in a profile within a pit prepared for this purpose. Interpretation is performed by a RIDEM-licensed soil evaluator in accordance with the RIDEM OWTS rules and associated guidance document.

Solar energy system § 21-22.196

a device to provide for the collection, conversion, storage and distribution of energy derived from solar radiation for space heating or cooling, electricity generation, or water heating.

Solid waste § 21-22.197

garbage, refuse and other discarded solid material generated by residential, institutional, commercial, industrial and agricultural sources, but not including solids or dissolved material in domestic sewage or sludge, nor does it include hazardous waste as defined in the Hazardous Waste Management Act, RIGL 1956, § 23-19.1-1 et seq. For the purpose of this chapter, solid waste also includes asphalt; nonhazardous liquid; and semisolid, containerized gaseous waste subject to any special conditions contained in the state solid waste rules.

Solid waste management facility § 21-22.198

any plant, structure, equipment and other property, real or personal or mixed, or the modification or replacement of any of such property for the receipt, storage, treatment, utilization, processing, transporting or final disposition of or recovery of resources from solid waste other than segregated solid waste; any facility which disposes of solid waste by reconstituting, concerting or otherwise recycling it into material which is not waste; any property or system to be used in whole or in part for any of such purposes, whether or not another purpose is also served by it; any other property or system incidental to or which has to do with the end purpose of which is any of the foregoing; or combinations of two or more of the foregoing.

Special exception or comprehensive permit § 21-22.199

a single application for a special exception to build low- and moderate-income housing in lieu of separate applications to applicable boards. Special permit means: The reconstruction of a building occupied by a nonconforming use wholly or partly destroyed by fire, the public enemy, or the act of God, such reconstruction not to exceed the original floor area of the building unless the use is changed to a conforming use. The extension of a nonconforming use or building upon the lot occupied by such use or building on the effective date of the ordinance from which this chapter derives, such extension not to exceed 25 percent of the floor area of the building unless the use of such building is changed to a conforming use.

Special use permit § 21-22.200

a regulated use which is permitted pursuant to a special use permit issued by the authorized governmental entity, pursuant to RIGL 1956, § 45-24-42.

Spray painting § 21-22.19

Body, fender, clutch, transmission, differential axle, spring and frame repairs. Major overhauling of engines requiring removal therefrom of the cylinder head or of the crankcase pan. Repairs of the radiator requiring removal thereof. (5) Complete recapping and retreading of tires.

State housing appeals board § 21-22.201

the board which hears appeals of denials or conditioned approvals from applicants filing an application for a comprehensive permit to construct or rehabilitate low- or moderate-income housing under the provisions of RIGL 1956, § 45-53-1 et seq.

Storage § 21-22.202

any items, materials or inventory that is/are unassembled and not ready or intended for immediate sale and not readily accessible to customers. Outdoor storage shall only occur on the side or rear of the main structure but shall not be located within any building set-back. Outside storage does not include areas in a permanent, approved structure attached to the main structure.

Storefront area § 21-242.10

the area of the storefront measured from outside wall to outside wall and from top of the first floor joist to bottom of the second floor joist. (Ord. No. 94-14, § 1, 8-15-1994; Ord. No. 02-20, § 5, 11-18-2002; Ord. No. 03-8, § 6, 6-9-2003; Ord. No. 15-11, § 1, 10-19-2015; Ord. No. 25-08, § 1, 10-20-2025)

Street classification § 21-22.204

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. The following are the town's roadway categories:

Street means: § 21-22.203

A public road, excepting a limited access highway; or Within the Pojac Point Fire District, as established by the general assembly in Public Laws of 1950, ch. 2056, § 1: That part of a private road which on May 29, 1979, was in actual existence and provided the primary means of access to and egress from three or more lots then existing and recorded as such; or That part of a private road approved by the planning commission, as specifically provided for in the residential compound and conservation development ordinances, in accordance with the subdivision regulations.

Structure § 21-22.210

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 § 21-333.10

anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, including but not limited to buildings, gazebos, billboards, outbuildings, decorative retaining walls and swimming pools. (Ord. No. 90-6, § 1, 4-23-1990; Ord. No. 25-09, § 1, 10-20-2025)

Subdivision § 21-22.211

the division or redivision of a lot, tract or parcel of land into two or more lots, tracts or parcels. Any adjustment to existing lot lines of a recorded lot by any means shall be considered a subdivision. All resubdivision activity shall be considered a subdivision. The division of property for purposes of financing constitutes a subdivision.

Subsidized housing § 21-22.212

housing which receives any direct or indirect state or federal financial assistance that reduces the cost of the development and results in the creation of affordable housing units for low- and moderate-income families.

Substandard lot of record § 21-22.213

any lot lawfully existing on the effective date of the ordinance from which this chapter derives or any amendment to this chapter and not in conformance with the dimensional and/or area provisions of this chapter.

Suitable land for development § 21-22.214

all land without severe or very severe limitations for development and not included in the definition of land unsuitable for development. Also referred to as land suitable for development.

Tasting room § 21-22.215

part of a winery or brewery, located on the premises of the winery or brewery's production facilities, at which guests may sample the winery or brewery's products.

TDR sending area land development project § 21-22.217

the permitting process by which development rights are established for land in the sending area. TDR sending area land development project shall be considered a major land development project.

TDR-parcel § 21-22.216

the portion of any tract of land in a sending area overlay district for which a certificate of development has been applied for or obtained or for which a certificate of retained development rights has been applied for or obtained.

Theater § 21-22.218

a building devoted to showing motion pictures on one or more screens, or to stage a production within the building. A theater shall constitute one use, notwithstanding that the use may include more than one screen or auditorium within the building.

Townhouse § 21-22.219

single-family dwelling units constructed in a series or group including three or more units with common walls.

Trade school § 21-22.220

any school teaching manual skills.

Transferable development rights § 21-22.221

development rights for a parcel(s) of land in the sending area overlay district that have been recorded on a certificate of development rights and may only be developed once they are successfully landed in a receiving area.

Turbine setback § 21-22.222

the distance from the tower base to the point from which the applicable setback is measured.

Underground storage tank § 21-22.223

any one or combination of tanks, including underground pipes connected thereto, which is used to contain an accumulation of material and the volume of which, including the volume of the underground pipes connected thereto, is ten percent or more beneath the surface of the ground.

USC 1715Z) § 21-22.82

Use § 21-22.224

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

Use variance § 21-22.226

permission to depart from the use requirements of this chapter where the applicant for the requested variance has shown, by evidence upon the record, that the subject land or structure cannot yield any beneficial use if it is to conform to the land use provisions of this chapter.

Variance § 21-22.225

permission to depart from the literal requirements of this chapter; an authorization for the construction or maintenance of a building or structure or for the establishment or maintenance of a use of land which is prohibited by this chapter. There shall be only two categories of variance, a use variance or a dimensional variance, as follows:

Vested right § 21-22.228

the right to initiate or continue the 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.

Veterinary office § 21-22.229

any structure where the practice of veterinary medicine, as defined in RIGL 1956, § 5-25-7, as amended, is carried on.

Veterinary offices § 21-22.230

veterinary offices with kenneling facilities that are solely used for the care of animals under medical supervision are allowed as long as the facility follows best available control technologies. Veterinary offices that include kenneling facilities utilized for anything other than medically necessary supervision shall fall under the category of commercial kennels, pounds or animal shelters and must meet those requirements.

Wastewater treatment facility § 21-22.231

a group or assemblage of processes, devices and structures for the conveyance, treatment or removal of objectionable constituents of wastewater. A wastewater treatment facility shall include, but not be limited to, all physically connected wastewater collection system piping, pumping, storage, physical, chemical and/or biological treatment, filtering and disinfection systems. For the purposes of these rules and regulations, a wastewater treatment facility shall include privately owned wastewater collection, pumping, storage and conveyance systems interconnected with and emptying into a host wastewater collection system. For the purposes of these rules and regulations, a wastewater treatment facility shall not be considered to be: An onsite wastewater treatment system, which does not discharge into surface waters but discharge into subsurface waters; or Any privately owned plumbing; or Any privately owned low-pressure grinder pumps; or Gravity sewer lines conveying an average flow of less than 30,000 gallons per day, as calculated by the department's flow estimation policy for design of sanitary sewers.

Water bodies § 21-22.107

c. Coastal high hazard areas indicated as V and V 1-30 zones on the latest flood insurance rate map for the town. d. The following types of coastal features as defined in the RI Coastal Resources Management Program, as amended:

Waters § 21-22.232

all surface waters including all waters of the territorial sea; tidewaters; all inland waters of any river, stream, brook, pond, lake and wetlands; as defined in RIGL 1956, § 46-12-1(b). Wetland, coastal, means a salt marsh bordering on the tidal waters of the town and contiguous uplands extending no more than 50 yards inland therefrom. Wetland, freshwater, means, as defined in RIGL 1956, § 2-1-20, a marsh, swamp, bog, pond, river, river or stream floodplain or bank, subject to flooding or storm flowage; emergent or submergent plant community in any body of freshwater; or area within 50 feet of the edge of a bog, marsh, swamp or pond, as defined in RIGL 1956, § 2-1-20.

Wholesale § 21-22.233

any sale for resale but not for direct consumption.

Wildlife rehabilitation clinic § 21-22.234

a facility engaged in the practice of licensed rehabilitative care of all species of injured and/or orphaned native wildlife in Rhode Island with the intent of returning them to their native habitats, which practice may involve the temporary housing/caging of such species indoors and outdoors; the facility may also include the practice of licensed veterinary care of such species. The term "native wildlife" shall have the same definition as that provided in the Rhode Island Department of Environmental Management's Division of Fish and Wildlife's ("RIDEM F&W") Rules and Regulations Governing Wildlife Rehabilitation (250 R.I. Code R. § 060-00-1), as may be amended (the "Rules and Regulations Governing Wildlife Rehabilitation"). The facility shall actively maintain a rehabilitators license issued by RIDEM F&W under its Rules and Regulations Governing Wildlife Rehabilitation. The facility may provide veterinary care to the native wildlife onsite, provided the care is provided by veterinarians engaged in the "practice of veterinary medicine" as defined in RIGL 1956, § 5-25-7, as amended, and maintaining an active rehabilitators license issued by RIDEM F&W under the Rules and Regulations Governing Wildlife Rehabilitation.

Wind energy system (WES) § 21-22.235

a device that converts wind energy into electrical energy. A WES typically consists of a tower, nacelle body and a rotor with two or more blades. A WES includes all equipment, machinery, and structures utilized in connection with the conversion of wind to electricity, and includes, but is not limited to, transmission, storage, collection and supply equipment, substations, transformers, service and access roads, and wind monitoring and meteorological towers.

Wind energy system height § 21-22.236

the height measured from pre-development grade to the tip of the rotor blade at its highest point, the blade-tip height, or any other highest point during operation.

Wind monitoring or meteorological tower § 21-22.237

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 (referred to as "met tower"). This includes but is not limited to SoDAR and LiDAR.

Yard § 21-22.238

any open, unoccupied space between buildings and the building lot line. The width of the required yard shall be measured horizontally from the nearest point of the lot line toward the nearest part of the main building. Yield plan a plan of a conventional subdivision or land development project (as opposed to a conservation development) that depicts the maximum number of building lots or dwelling units that could reasonably be built on a parcel of land under current zoning, taking into account physical constraints to development, such as wetlands, steep slopes, etc. and not including land unsuitable for development towards the minimum lot area required in the appropriate zoning district.

Zoning § 21-22.239

the reservation of certain specified areas within the town for building and structures or use of land, for certain purposes with other limitations such as height, lot coverage, and other stipulated requirements.

Zoning certificate § 21-22.240

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

Zoning map § 21-22.241

the 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 § 21-22.242

an ordinance enacted by the town council pursuant to RIGL 1956, § 45-24-1 et seq., and in the manner providing for the adoption of ordinances in the town 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 as defined in RIGL 1956, § 45-22.2-1 et seq. which includes a zoning map, and which complies with the provisions of RIGL 1956, § 45-24-1 et seq.

Zoning use district § 21-22.243

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 subdistricts. Districts may be combined. (Ord. No. 94-12, § 1, 6-27-1994; Ord. No. 95-3, § 1, 5-8-1995; Ord. No. 98-7, 5-11-1998;