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Town of North Providence
Town of North Providence Zoning Ordinance
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§ XIII

Definitions

Article XIII - Definitions

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

  • Accessory Dwelling Unit
    See Accessory Family Dwelling Unit.

  • Accessory Family Dwelling Unit
    An accessory dwelling unit for the sole use of one or more members of the family of the occupant or occupants of the principal residence, but not needing to have a separate means of ingress or egress.

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

  • Aggrieved Party
    An aggrieved party, for purposes of this chapter, shall be: (a) any person or persons or entity or entities who can demonstrate that their property will be injured by a decision of any officer or agency responsible for administering the zoning ordinance of the Town; or (b) anyone requiring notice pursuant to this Ordinance.

  • Agricultural Land
    "Agricultural land", as defined in RIGL, Section 45-22.2-4

  • Airport Hazard Area
    "Airport hazard area", as defined in RIGL, Section 1-3-2.

  • Antique/Collectible Shop
    Any retail commercial establishment that deals in the sale of used merchandise, including but not limited to used clothing, used furniture, used household goods, and collectibles that are over twenty-five (25) years old or are collectible due to their limited quantities.

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

  • Base Flood
    the flood having a one-percent possibility of being equaled or exceeded in any given year.

  • Billboard
    Any sign or advertising device, free-standing or located on a building or wall, which is not related to a use on the premises.

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

  • Building
    Any structure intended for supporting or sheltering any use or occupancy.

  • Building Envelope
    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 build; by other regulations; and/or any combination thereof.

  • Building Height
    The vertical distance from grade in conformance with the Rhode Island Building Code, to the top of the highest point of the roof or structure. This distance excludes spires, chimneys, flag poles and the like. Child Day Care Center – means any person, firm, corporation, association, or agency who, on a regular or irregular basis, receives any child under the age of sixteen (16) years, for the purpose of care and/or supervision, not in a home or residence, apart from the child’s parent or guardian for any part of a twenty-four (24) hour day irrespective of compensation or reward. It shall include childcare programs that are offered to employees at the worksite. It does not include nursery schools or other programs of educational services subject to approval by the commissioner of education.

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

  • Community Residence
    A home or residential facility where children and/or adults reside in a family setting and may or may not receive supervised care. This shall not include half-way houses or substance abuse treatment facilities. This shall include, but not be limited to, the following:

    • (a) Whenever six (6) or fewer retarded children or adults reside in any type of residence in the community, as licensed by the state pursuant to RIGL, Chapter 24 of title 40.1. All use requirements pertaining to local zoning are waived for those community residences.

    • (b) A group home providing care or supervision, or both, to not more than eight (8) mentally disabled or mentally handicapped or physically handicapped persons, and licensed by the state pursuant to RIGL, Chapter 24 of title 40.1;

    • (c) A group home providing care or supervision or both, to not more than eight (8) children including those of the care giver and licensed by the state pursuant to RI General Laws, chapter 72.1 of title 42;

    • (d) A community transitional residence providing care or assistance, or both, to not more than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) 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 sixty (60) days nor more than two (2) years. Residents will have access to and use all common areas, including eating areas and living rooms, and will receive appropriate social services for the purpose of fostering independence, self-sufficiency, and eventual transition to a permanent living situation.

    • Comprehensive Plan
      The comprehensive plan adopted and approved pursuant to RIGL 45- 22.2 of this title and to which any zoning adopted pursuant to this Ordinance shall be in compliance.

    • Day Care
      Day Care Center - Any other day care center which is not a family day care home.

    • Day Care
      Family Day Care Home - Any home other than the individuals' home in which day care in lieu of parental care or supervision is offered at the same time to six (6) or fewer individuals who are not relatives of the care giver, but may not contain more than a total of eight (8) individuals receiving day care.

    • Density, Residential
      the number of dwelling units per unit of land.

    • Development
      The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance; any change in use, or alteration or extension of the use of land, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operation.

    • Development Plan Review
      The process whereby authorized local officials review the site plans, maps, and other documentation of a development to determine the compliance with the stated purposes and standards of the ordinance.

    • District
      See "Zoning Use District"

    • Dormitory
      A structure used for housing unrelated individuals in suites. Such a structure usually has dining, kitchen and sanitary facilities common to all suites.

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

    • Dumpster and Similar Trash Disposal Bins
      A container for holding refuse, the total of which is in excess of, or equal to 20 cubic feet.

    • Dwelling Unit
      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. (see also: Household)

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

    • Facades
      A building face, including the front, side or rear of the building.

    • Family
      A person or persons related by blood, marriage, or other legal means. (See also "Household".)

    • Flood Boundary and Floodway Map
      an official map of the Town on which FEMA has delineated the "Regulatory Floodway". This map should not be used to determine the correct flood hazard zone or base flood elevation, the Flood Insurance Rate Map (FIRM) will be used to make determinations of flood hazard zones and base flood elevations.

    • Flood Elevation Study
      and examination, evaluation, and determination of flood hazards and if appropriate, corresponding water surface elevations, or an examination and determination of mudslide or flood-related erosion hazards.

    • Flood Insurance Rate Map (FIRM)
      an official map incorporated with this Ordinance, on which FEMA has delineated both the special flood hazard areas and the risk premium zones applicable to the Town of North Providence.

    • Flood Insurance Study
      see "Flood Elevation Study"

    • Flood plains, or Flood Hazard Area
      As defined in RIGL, Section 45-22.2-4.

    • Front Yard
      The area between a road line and a line parallel thereto drawn through the nearest point of a structure, extending between side lot lines.

    • Groundwater
      "Groundwater" and associated terms, as defined in RIGL, Section 46-13.1-3.

    • Halfway House
      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
      see RIGL, Section 45-24-41.

    • Historic District, or Historic Site
      As defined in RIGL, Section 45-22.24.

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

    • Household
      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. Any individual household shall consist of any one of the following: (a) a family, which may also include servants and employees living with the family; or (b) a person or group of unrelated persons living together, not to exceed 5. (see also: Dwelling Unit)

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

    • Land Development Project
      A project in which one or more lots, tracts, 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 may by provided for in this ordinance.

    • Lodging or Guest Home
      A structure devoted to the leasing of three or more rooms or suites, such suites usually consisting of a single room with common sanitary and dining facilities.

    • Lot
      Either:

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

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

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

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

      • Lot Frontage
        That contiguous portion of a lot abutting a road. non-contiguous frontage shall not be included when considering whether a lot meets the dimensional requirements of Article II of this Ordinance.

      • Lot Line
        A line of record, bounding a lot, which divides one lot from another lot or from a public or private road or any other public or private space and shall include:

        • (a) Front: the lot line separating a lot form a road right-of-way. the front lot line on lots fronting on more than one road shall conform to Article II (b) Rear: the lot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10') in length entirely within the lot, parallel to and at a maximum distance from the front lot line; and, (c) Side: any lot line other than a front or rear lot line.

        • (d) Corner - A lot at the junction of and fronting on two or more intersecting streets.

        • Lot of Record
          A parcel of land recorded by deed or recorded plat in the office of the Town Clerk of North Providence.

        • Lot, Through
          A lot which fronts upon two (2) parallel roads, or which fronts upon two (2) roads which do not intersect at the boundaries of the lot. At least one lot frontage shall meet minimum zoning requirements for the district.

        • Lot Width
          The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum front setback line.

        • Main Use
          The general use to which a lot of land or structure is dedicated and advertised.

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

        • Multi-Household Dwelling
          is any dwelling with 3 or more units.

        • Nonconformance
          A building, structure, or parcel of land, or use thereof, lawfully existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with the provisions of such ordinance or amendment. nonconformance shall be of only two (2) types:

        • (a) Nonconforming by use: a lawfully established use of land, building, or structure which is not a permitted use in that zoning district. A building or structure containing more dwelling units than are permitted by the use regulations of a zoning ordinance shall be nonconforming by use; or (b) Nonconforming by dimension: a building, structure, or parcel of land not in compliance with the dimensional regulations of the zoning ordinance. Dimensional regulations include all regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building or structure containing more dwelling units than are permitted by the use regulations of a zoning ordinance shall be nonconforming by use; a building or structure containing a permitted number of dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.

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

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

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

        • Portable Sign
          A sign which is not permanently affixed to the ground, building or wall and exceeds 20 square feet in area.

        • Preapplication Conference
          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.

        • Rear Yard
          The area between a rear lot line and a line parallel thereto drawn through the nearest point of a structure, extending between side lot lines.

        • Recreational Vehicle
          a vehicle which is (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) designed to be self propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel or seasonal use.

        • Regulatory Floodway
          the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation. These areas are designated as floodways on the Flood Boundary and Floodway Map.

        • Resale Shop
          Any retail, commercial establishment that is involved in the sale of used merchandise, including but not limited to, used clothing, used furniture, used household goods, or other similar used items to the general public.

        • Road
          Public highway of the Town of North Providence or the State of Rhode Island or a road within a subdivision approved by the Planning Board in accordance with the Town Subdivision Regulations.

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

        • Side Yard
          The area between a side lot line and a line parallel thereto drawn through the nearest point of a structure, extending from the front yard to the rear yard, or if there is no rear yard, to the rear lot line.

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

        • Special Use
          A regulated use which is permitted pursuant to the special-use permit issued by the Zoning Board of Review, pursuant to RIGL, Section 45-24-42 and Article V of this Ordinance. (Formerly referred to a special exception.)

        • Special Flood Hazard Area
          an area having flood, mudslide, and/or flood-related erosion hazards, and shown on an FHBM or FIRM as zone A, AO, AI-30, AE, A99, AH, VO, VI-30, VE, V, M or E.

        • Start of Construction
          includes substantial improvements, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement or permanent construction of a structure on site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement or manufactured home on a foundation. Permanent construction does not include land perpetration, such as clearing, grading and filling; nor does it in include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; not does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or part of the main structure.

        • Street
          Includes street, avenue, highway, boulevard, parkway, road, lane, alley, and other ways designated for vehicular or pedestrian travel.

        • Structure
          Anything constructed which requires location on or attachment to the ground; includes building, does not include paving and planting.

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

        • Town
          the Town of North Providence Two or More Household Dwelling- A structure that has separate utilities and/or independent entrances to accommodate more than one family or unrelated group.

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

        • Used Clothing
          Any clothing that is to be resold to the general public, including, but not limited to, apparel and accessories that have been used, worn, donated or resold by an individual, partnership or corporation. This definition shall not include clothing that is sold directly by a manufacturer to a retail store for resale.

        • Used Furniture
          Any furniture that is to be resold to the general public that is less than twentyfive (25) years old that has been used, donated or resold by an individual, partnership or corporation. This definition shall not include furniture that is sold directly by a manufacturer to a retail store for resale.

        • Used Merchandise
          Any merchandise that is to be resold to the general public that has been used, donated or resold by an individual, partnership or corporation. This definition shall not include merchandise that is sold directly by a manufacturer to a retail store for resale.

        • Variance
          Permission to depart form the literal requirements of a zoning ordinance. An authorization for the construction or maintenance of a building or structure, or for the establishment or maintenance of a use of land, which is prohibited by a zoning ordinance. There shall be only two (2) categories of variance, a use variance or a dimensional variance.

        • (a) Use variance -Permission to depart from the use requirements of a zoning ordinance where the applicant for the requested variance has shown by evidence upon the record that the subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the zoning ordinance.

        • (b) Dimensional Variance - Permission to depart from the dimensional requirements of a zoning ordinance, 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. 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.

        • Waters
          As defined in RIGL, Section 46-12-1(b).

        • Water Surface Elevation
          the height, in relating to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains.

        • Wetland, Freshwater
          As defined in RIGL, Section 2-1-20.

        • Zoning Certificate
          A document signed by the Zoning Enforcement Officer, as required in this Ordinance, which acknowledges that a use, structure, building or lot either complies with or is legally nonconforming to the provisions of the municipal zoning ordinance or is an authorized variance, special use permit or modification there from.

        • Zoning Map
          The map or maps which are a part of this Ordinance and which delineate the boundaries of all mapped zoning districts within the physical boundary of the Town of North Providence.

        • Zoning Ordinance
          The ordinance enacted by the Town Council of the Town of North Providence pursuant to the RI General Laws, Chapter 45-24 and in the manner providing for the adoption of ordinances in the town's charter, which sets forth regulations and standards relating to the nature and extent of uses of land and structures, which is consistent with the comprehensive plan of the town as defined in RI General Laws, Chapter 45-22.2, which includes a zoning map(s), and which complies with the provisions of this RIGL 45-24.

        • Zoning Use Districts
          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. They may also be referred to as districts or zones.

        • NOTE: Where applicable, all other definitions from RIGL 45-24-35 not included above, are hereby included by reference as part of this ordinance.