Definitions

291 defined terms in the adopted ordinance. A defined term carries this meaning wherever it appears in the text.

A

Abut § 201.1

To share a common wall or lot line without being separated by a street or alley.

Abutter § 201.2

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

Accessibility Ramp § 201.3

A ramp or similar structure that provides wheelchair or similar access to a structure.

Accessory Dwelling Unit § 201.4

A residential living unit on the same lot where the principal use is a legally established single-, two-, three-, or multi-family dwelling. An accessory dwelling unit provides complete independent living facilities for one or more persons.

Accessory Structure § 201.5

A structure located on the same lot as the principal building, which may be detached or attached, that is incidental to the use of the principal building.

Accessory Use § 201.6

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 is prohibited without the principal use to which it is related.

Adaptive Reuse § 201.7

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

Addition/Enlargement § 201.8

Construction that increases the size of a structure in terms of building footprint, height, or floor area.

Administrative Officer § 201.9

The municipal official(s) designated by the development review regulations adopted by the City Plan Commission pursuant to Rhode Island General Laws §45-23 to administer the land development and subdivision regulations, to review and approve qualified applications, and/or to coordinate with local boards and commissions, municipal staff, and state agencies.

Adult Arcade § 1204.3

A business where, for any form of consideration, one or more still or motion picture projectors, slide projectors or similar machines are used to show films, motion pictures, video cassettes, DVD, slides, computer generated graphics, or other photographic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. 3.

Adult Bookstore/Retail § 1204.2

A business which offers for sale or rent any of the following: publications, books, magazines, periodicals, photographs, films, motion pictures, video cassettes, DVD, or other video reproductions, or other visual representations that depict or describe specified sexual activities or specified anatomical areas, or instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities. 2.

Adult Cabaret § 1204.4

A business that features dancers, go-go dancers, exotic dancers or similar entertainers, or live entertainment, in which persons regularly appear in a state of nudity, or where live performances are characterized by the exposure of specified anatomical areas or by specified sexual activities. Adult cabaret establishments specifically exclude minors, or minors are specifically prohibited by statute or ordinance, regardless of whether any such business is licensed to sell alcoholic beverages. 4.

Adult Hotel/Motel § 1204.6

A hotel or motel or similar business establishment that rents, leases or lets any room for less than a six hour period, or rents, leases or lets any single room more than twice in a 24 hour period. 6. The following definitions describe the sexually-oriented activities contained within the general definitions for the above adult uses: a. Sexually Oriented Devices. Any artificial or simulated specified anatomical area or other device or paraphernalia that is designed in whole or part for specified sexual activities. b. Specified Anatomical Area. Less than completely and opaquely covered genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola, or human male genitals in a discernible turgid state, even if completely and opaquely covered. c. Specified Sexual Activities. Any activity that includes human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, or sodomy; or fondling or erotic touching of human genitals, pubic regions, buttocks, or female breasts, even if completely or opaquely covered.

Adult Motion Picture Theater § 1204.5

A business used for presenting motion pictures that are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons. 5.

Adult Use § 1204.1

A business that sells or disseminates explicit sexual material, and at which access to the public display of explicit sexual material is restricted to persons 18 years of age or older. An adult bookstore, adult cabaret, or adult motion picture theater are considered adult uses and are defined as follows: 1.

Aggrieved Party § 201.10

An aggrieved party, in accordance with Rhode Island General Laws §45-24, is: 1. 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 this Zoning Ordinance; or 2. Anyone requiring notice pursuant to Rhode Island General Laws §45-24.

Airport Hazard Area § 201.11

Any area of land or water upon which an airport hazard might be established if not prevented as provided in Rhode Island General Laws Chapter 1-3.

Alley § 201.12

A public right-of-way that normally affords a secondary means of access to abutting property.

Alteration § 201.13

An action 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. A major alteration is a change in materials, design, dimensions, configuration, texture, and visual appearance, which will permanently affect the integrity or character of a structure. A minor alteration is a reversible change that will not permanently affect the integrity or character of a structure.

Amateur (HAM) Radio Equipment § 201.14

An amateur (HAM) radio station licensed by the Federal Communications Commission (FCC), including equipment such as, but not limited to, a tower or building-mounted structure supporting a radiating antenna platform and other equipment.

Amusement/Entertainment/Sports Facility - Indoor § 1204.7

A facility for spectator and participatory uses conducted within an enclosed building, such as movie theaters, sports arenas, bowling alleys, tumbling centers, skating centers, roller rinks, and pool halls. Indoor amusement facilities do not include live performance venues. An indoor amusement facility may include concession stands.

Amusement/Entertainment/Sports Facility - Outdoor § 1204.8

A facility for spectator and participatory uses conducted outdoors or within partially enclosed structures, such as stadiums, fairgrounds, batting cages, miniature golf courses, and amusement parks. An outdoor amusement facility may include concession stands.

Animal Care Facility § 1204.9

An establishment which provides care for domestic animals, including veterinary offices for the treatment of animals, where animals may be boarded during their convalescence, pet grooming facilities, and pet boarding facilities, where animals are boarded during the day or for overnight stays. Animal care facilities do not include breeding facilities or kennels.

Antenna § 1204.120

A specific device, the surface of which is used to transmit and/or receive signals transmitted to or from other antennas. This does not include satellite dish antennae.

Any adult use § 1204.59

Apiary § 201.15

A structure for the keeping of honeybees.

Applicant § 201.16

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

Application § 201.17

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

Appurtenance § 201.18

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

Aquaculture/Aquaponics § 201.19

A structure designed for the farming of aquatic organisms such as fish, crustaceans, mollusks, and aquatic plants under controlled conditions Arbor. A freestanding structure to support vines or trained climbing plants.

Architectural Feature § 201.20

A part or projection that contributes to the aesthetics of a structure, exclusive of signs, that is not necessary for the structural integrity of the structure or to make the structure habitable.

Areaway § 201.21

A space below finished grade affording access, air, and light to a basement or cellar.

Art Gallery § 1204.10

An establishment engaged in the sale, loan and/or display of paintings, sculpture, photographs, video art, or other works of art. Art gallery does not include a cultural facility, such as a library or museum, which may also display paintings, sculpture, photographs, video art, or other works.

Arts Studio § 1204.11

An establishment where an art, type of art or activity is taught, studied, or practiced such as dance, martial arts, photography, music, painting, gymnastics, pilates, or yoga. An arts studio also includes private exercise studios that are only open for private sessions with trainers and/or classes.

Attention Getting Device § 201.22

Sails, pennants, and similar devices or ornamentations designed to attract attention. Flags of nations, states, and cities, or fraternal, religious and civic organizations, permanent commercial flags, or temporary holiday decorations are not considered attention getting devices. Certain types of attention getting devices are specifically prohibited by this Ordinance in Section 1605.

Attic § 201.23

For residential dwellings, the space between the ceiling beams of the uppermost story and the roof. If that space has a ceiling height of more than seven feet for over 25% of its area, then it shall count as a story.

Automated Teller Machine (ATM) - Standalone § 1204.12

A freestanding machine used by bank and financial service patrons for conducting transactions including deposits, fund transfers, and withdrawals without contact with financial institution personnel.

Awning § 201.24

A roof like structure typically made of cloth, metal, or other material attached to a frame that extends from and is supported by a building. Awnings are typically erected over a window, doorway, or building front and they may be raised or retracted to a position adjacent to the building.

B

Balcony § 201.25

A roofed or unroofed platform that projects from the exterior wall of a structure above the ground floor, which is exposed to the open air, has direct access to the interior of the building, and is not supported by posts or columns extending to the ground.

Banner § 201.26

A sign that is printed or displayed upon flexible material with or without frames.

Banner - Exhibition § 201.27

A sign that is printed or displayed upon flexible material with or without frames in conjunction with a special exhibit for an educational facility, government building, or cultural facility.

Bar § 1204.13

An establishment for the sale of alcoholic beverages for consumption on the premises. A smoking lounge or smoking bar is included within this use, whether alcohol is served or not. Snack foods or other prepared food may be available for consumption on the premises as a permitted ancillary use. Incidental Entertainment and Incidental Entertainment – Expanded are permissible accessory uses within a bar.

Basement § 201.28

That portion of a building included between the upper surface of its floor and the upper surface of the floor next above, having one-half or more of its height above the average elevation of the finished lot grade adjoining the building.

Bay Window § 201.29

A window system that projects outward from the structure, which does not rest on the building foundation or on the ground.

Bed and Breakfast § 1204.14

A residential dwelling that provides lodging for a daily fee in guest rooms with no in-room cooking facilities. A bed and breakfast may include dining facilities.

Berm § 201.30

An earthen mound designed to provide visual interest on a site, screen undesirable views, reduce noise, or fulfill other similar purposes.

Billboard § 201.31

A sign advertising products, goods, services, facilities, events or attractions not made, sold, used, served or available on the lot displaying such sign or a sign owned by a person, corporation, or other entity that engages in the business of selling the advertising space on that sign.

Billboard/Outdoor Advertising § 1204.15

A permanent sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other then the premises where the sign is located.

Block § 201.32

A tract of land bounded by streets, or a combination of streets and public parks, golf courses, cemeteries, railroad rights-of-way, shorelines of waterways, or municipal boundary lines.

Blue Roof § 201.33

A roof designed to store water and discharge rainfall.

Body Modification Establishment § 1204.16

An establishment that offers tattooing services, body piercing, and/or nonmedical body modification. Body modification establishment does not include an establishment that offers only ear piercing as an ancillary service.

Broadcasting Facility - TV/Radio § 1204.17

A facility engaged in broadcasting and information relay services for radio and television signals, including studio facilities. A broadcasting facility may or may not include antennas to broadcast the signal. Cannabis Cultivator, or “marijuana cultivator.” An entity state registered/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.” A cannabis cultivator, independent testing laboratory, cannabis product manufacturer, cannabis retailer, hybrid cannabis retailer, or any other type of state registered/licensed cannabis-related business.

Buffer § 201.34

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.

Buffer Yard § 201.35

Land area with landscape plantings and other components used to visibly separate one use from another and/or to shield or block noise, lights, or other nuisances. Build-To Line (BTL). Defined in Section 202. Build-To Zone (BTZ). Defined in Section 202. Build-To Percentage. Defined in Section 202.

Building § 201.36

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

Building Envelope § 201.37

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 by any combination thereof. Building Height. Defined in Section 202.

Building Line § 201.38

A line measured at the building wall of a structure between parallel lot lines. For the purposes of establishing a building line, the building wall does not include permitted encroachments of architectural features, such as bay windows, eaves, and steps and stoops. A front building line is that building line that abuts or is parallel or generally parallel to a front lot line. For the purposes of determining a front setback, if a porch extends the full width of the building, the front of the porch shall be considered the building line.

Bulk § 201.39

A term used to describe the size and relationships of structures as to area, height, coverage, and shape, location of exterior walls in relation to lot lines, the centerline of streets, other walls of the same structure and to other structures, and to all open spaces relating to the structure.

Bulk Materials § 201.40

Any liquid, solid, or granular materials stored in piles, barrels, tanks, bins, crates, or other means. Bulk materials include, but are not limited to, lumber, coal, sand, and flammable and inflammable liquids.

Bulkhead § 201.41

A projecting framework providing access from the exterior of a structure to a stairway leading to a basement or cellar.

Business § 201.42

An occupation, employment, or enterprise that occupies time, attention, labor and materials, where merchandise is exhibited or sold, or where services are offered. Caliper. Defined in Section 202.

C

Cannabis § 1204.18

Hybrid Cannabis Retailer, or “hybrid compassion center” means a compassion center licensed by the state pursuant to chapter 28.6 of title 21 of the General Laws that is in good standing with the Department of Business Regulation and that has been authorized to sell non-medical or adult use cannabis to consumers pursuant to chapter 28.11 of title 21 of the General Laws. Cannabis Retailer, or “marijuana retailer.” An entity registered/licensed pursuant to chapter 28.11 of title 21 of the General Laws 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 § 1204.19

Social Equity/Workers’ Cooperative Licensed Cannabis Retailer. A cannabis retailer that is a state registered and licensed Social Equity applicant or a Workers’ Collaborative as defined by and pursuant to chapter 28.11 of title 21 of the General Laws.

Canopy - Non-Structural § 201.43

A roof-like non-structural cover that projects from the wall of a structure with support posts that extend to the ground.

Canopy - Structural § 201.44

A permanent structure that serves as an overhanging shelter or shade that forms the structure of a building and is constructed in such a manner as to allow pedestrians or vehicles to pass underneath.

Car Wash § 1204.20

An establishment for the washing and cleaning of passenger vehicles, recreational vehicles, or other light duty equipment, whether automatic, by hand, or self-service.

Carport § 201.45

An open-sided roofed vehicle shelter, usually formed by extension of the roof from the side of a building, but may be freestanding.

Cellar § 201.46

That portion of a building included between the upper surface of its floor and the upper surface of the floor next above, having less than one-half its height above the average elevation of the finished lot grade adjoining the building.

Cemetery § 1204.21

Land and structures reserved for the interring of human remains or the interring of animal remains. Cemeteries may include structures for performing religious ceremonies related to the entombment of the deceased, mortuaries, including the sales of items related to the internment of remains, and related accessory structures, such as sheds for the storage of maintenance equipment.

Chicken Coop § 201.47

A structure where hens are kept.

Chimney § 201.48

A vertical shaft of reinforced concrete, masonry or other approved material enclosing one or more flues, for the purpose of removing products of combustion from solid, liquid, or gaseous fuel.

Co-Location § 201.51

Placement of wireless telecommunications equipment from more than one service or service provider on a single tower or site.

Coldframe Structure § 201.49

A transparent roofed enclosure constructed low to the ground used to protect plants from excessively cold or wet weather. It functions similar to a greenhouse to help extend the growing season.

College Student § 201.50

An individual enrolled as an undergraduate or graduate student at any university or college educational institution who commutes to a campus.

Commercial Message § 201.52

Any sign, wording, logo, or other representation that directly or indirectly, names, advertises, or calls attention to a business, product, service or other commercial activity.

Common Ownership § 201.53

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

Community Center § 1204.22

A facility used as a place of meeting, recreation, or social activity, and not operated for profit, which is open to the public. Community center may also include ancillary day care facilities. Community Residence – Type I. A home or residential facility licensed by the state pursuant to Rhode Island General Laws Chapter 24 of Title 40.1, where six or fewer children and/or adults with developmental disabilities reside in a family setting and may or may not receive supervised care. This does not include halfway houses or substance abuse treatment facilities. Community Residence – Type II. A home or residential facility where children and/or adults reside in a family setting and may or may not receive supervised care. This does not include halfway houses or substance abuse treatment facilities. This is limited to the following: 1. A group home licensed by the state pursuant to Rhode Island General Laws Chapter 24 of Title 40.1 or Chapter 17.4 of Title 23 providing care or supervision, or both, to not more than eight persons with disabilities or who are in need of personal services, supervision, or assistance essential for sustaining the activities of daily living. 2. A residence for children providing care or supervision, or both, to not more than eight children including those of the care giver and licensed by the state pursuant to Rhode Island General Laws Chapter 72.1 of Title 42. 3. A community transitional residence providing care or assistance, or both, to no more than six unrelated persons or no more than three families, not to exceed a total of eight persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, abuse, or neglect, and who are expected to reside in that residence not less than 60 days nor more than two years. Residents will have access to and use of all common areas, including eating areas and living rooms, and will receive appropriate social services for the purpose of fostering independence, self-sufficiency, and eventual transition to a permanent living situation.

Comprehensive Plan § 201.54

The City’s Comprehensive Plan adopted and approved pursuant to Rhode Island General Laws Chapter 22.2 of Title 45, and with which any zoning adopted pursuant to Rhode Island General Laws Chapter 45-24 shall be in compliance.

Conforming § 201.55

In compliance with the regulations of the pertinent zoning district and this Ordinance. Contiguous. See abut.

Conservation Area § 1204.23

Designated open space that preserves and protects natural features, wildlife, and critical environmental features. A conservation area may include opportunities for passive recreation and environmental education.

Contractor Storage Yard § 1204.24

Land and/or structures used primarily for the storage of equipment, vehicles, machinery, or building materials in the conduct of any building trade or building craft and in use by the owner or occupant of the lot in the conduct of his/her building trades or building craft.

Country Club § 1204.25

An establishment open to members, their families, and invited guests organized and operated for social and recreation purposes with indoor and/or outdoor recreation facilities, dining facilities, meeting rooms, and similar uses.

Cross-Access § 201.56

A vehicular and/or pedestrian connection between abutting properties that connects the two sites and allows vehicles and/or pedestrians to travel between sites without having to exit to the street.

Cultural Facility § 1204.26

A facility open to the public that provides access to cultural exhibits and activities including, but not limited to, museums, cultural centers, non-commercial galleries, historical societies, and libraries. A cultural facility may include retail sales of related items and restaurants as ancillary uses.

Curb Cut § 201.57

A vehicular access point to a lot from the right of way, whether or not the interruption of a curb is required.

Cut Off § 201.58

The point at which all light rays emitted by a lamp, light source or luminaire are generally eliminated (cut off) at a specific angle above the ground, acknowledging that some light trespass may occur. Day. A calendar day.

D

Day Care § 1204.28

Family Day Care Home. 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 no more than a total of twelve individuals receiving day care.

Day Care - Day Care Center § 1204.27

Any other day care that is not a family day care home.

Deck § 201.59

A roofless outdoor space built as an aboveground platform projecting from the wall of a structure and connected by structural supports at grade or by the structure.

Demolition § 201.60

An act or process that destroys a structure or its appurtenances in part or in whole. Density, Residential. The number of dwelling units per unit of land.

Development § 201.61

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

Development Plan Review § 201.62

Design or site plan review of a development of a permitted use as required by this ordinance and the development review regulations adopted by the City Plan Commission pursuant to Rhode Island General Laws §45-23.

Dimensional Variance § 201.161

Permission to depart from the dimensional requirements of this Ordinance under the applicable standards set forth in Rhode Island General Laws §45-24-41.

District § 201.63

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. Zoning districts include, but are not limited to, agricultural, commercial, industrial, institutional, open space, and residential. Each district may include sub-districts. Districts may be combined.

Donation Box § 201.64

A container used for the purpose of collecting donated items for resale or for use by a charitable organization or institution.

Drainage System § 201.65

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

Drive-Through Facility § 1204.29

That portion of a business where business is transacted with customers in such a way that allows customers to remain in their vehicle. A drive through facility is approved separately as a principal use.

Driveway § 201.66

A pathway for motor vehicles from a street to a lot used only for service purposes or for access to the lot.

Dwelling § 201.67

A structure, or portion thereof, designed or used exclusively for human habitation, including single-family dwellings, two-family dwellings, rowhouse dwellings, and multi-family dwellings, but excluding mobile homes and hotels/motels.

Dwelling - Adaptive Reuse § 1204.30

A residential or mixed-use structure converted from a previously commercial, institutional, or industrial building, including offices, schools, religious facilities, medical buildings, mills, and malls.

Dwelling - Multi-Family § 1204.31

A structure or development containing four or more dwelling units used for residential occupancy or the residential component of a mixed-use building. A multi-family dwelling does not include a rowhouse dwelling.

Dwelling - Rowhouse § 1204.32

A structure consisting of two or more dwelling units, configured in a manner such that the dwelling units are aligned horizontally and separated by a party wall, and where the dwelling units are separated by lot lines at the party wall. A rowhouse is designed so that each unit has a separate street-facing exterior entrance and direct ground level access to the front yard. A rowhouse dwelling does not include a multi-family dwelling.

Dwelling - Single-Family § 1204.33

A structure containing only one dwelling unit on a single lot.

Dwelling - Three-Family § 1204.35

A structure containing three dwelling units on a single lot.

Dwelling - Two-Family § 1204.34

A structure containing two dwelling units on a single lot.

Dwelling Unit § 201.68

A structure or portion of a structure 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.

E

Easement § 201.69

Land designed by lawful agreement between the owner(s) of the land and a person(s) for a specified use only by such person(s).

Eave § 201.70

The projecting lower edges of a roof overhanging the wall of a structure.

Educational Facility - Primary or Secondary § 1204.36

A public, private, or parochial facility that offers instruction at the elementary, junior high, and/or high school levels. A day care center and/or preschool may be included as part of an Educational Facility – Primary or Secondary as an ancillary use.

Educational Facility - University or College § 1204.37

A facility for post-secondary higher learning that grants associate or bachelor degrees. The institution may also have research facilities and/or professional schools that grant master and doctoral degrees. Educational facilities – university or college include ancillary uses such as dormitories, cafeterias, restaurants, retail sales, indoor or outdoor recreational facilities, and similar uses.

Educational Facility - Vocational § 1204.38

A facility that offers instruction in industrial, clerical, computer, managerial, automotive, repair (electrical, plumbing, carpentry, etc.), or commercial skills, or a business conducted as a commercial enterprise, such as a school for general educational development or driving school. Educational facility vocational also applies to privately operated schools that do not offer a complete educational curriculum.

Electric Vehicle Charging Station (Principal Use) § 1204.39

A facility with battery charging station equipment where the primary purpose is the transfer of electric energy by conductive or inductive means to a battery or other energy storage device in an electric vehicle. Electric vehicle charging station also includes battery exchange stations for electric vehicles.

Encroachment § 201.71

The extension or placement of any structure, or a component of such, into a required setback or rightof-way.

Erect § 201.72

To build, construct, attach, hang, place, suspend, or affix.

Exterior Lighting § 201.73

The illumination of an outside area or object by any man-made device that produces light by any means.

Exterior Stairwell § 201.74

One or more flights of stairs, and the necessary landings and platforms connecting them, to form a continuous passage from the entryway of a floor or level to another in a structure located on the exterior of a principal building.

Extractive Industry § 201.75

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. Façade. The vertical surface of a building that abuts or is parallel or generally parallel to a street lot line. Facade includes all portions of that vertical surface including irregular facades where portions of the facade may not run directly parallel to the street lot line but are part of that façade plane and visible from the street lot line.

F

Facility § 1204.121

An un-staffed structure used to house and protect the equipment necessary for processing telecommunications signals, which may include air conditioning equipment and emergency generators.

Family § 201.76

A person or persons related by blood, marriage, or other legal means. See also household. Fence. A structure used as a boundary, screen, separation, means of privacy, protection or confinement, and is constructed of wood, plastic, metal, wire mesh, masonry, or other similar material and is used as a barrier.

Farmers Market § 1204.40

Temporary use of structures and/or land for the sale of a variety of fresh fruits, flowers, vegetables, or ornamental plants, and other locally produced farm and food products, including value-added products, directly to consumers from two or more famers or vendors that have taken such items on consignment for retail sale.

Fence - Solid § 201.77

A fence that has, over its entirety, no distributed openings. A shadowbox design fence is considered a solid fence. A chain link fence with slats is not considered a solid fence.

Financial Institution/Bank § 1204.41

A bank, savings and loan, credit union, or mortgage office.

First Floor § 201.78

The lowest floor of a building that has more than one-half of its height above the average elevation of the finished lot grade adjoining the building, including the portion of a building contained between the upper surface of its floor and the upper surface of the floor next above.

Fixture § 201.79

The assembly that houses the lamp or lamps, which may include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens.

Fraternity/Sorority § 1204.42

A structure used by a chartered fraternal or sororal membership organization or association, used as a residence and/or a dining and recreational facility for members of organizations or associations who are students at a university, which permits the organization or association to use its facilities because of the relationship of such organization or association to the body of students enrolled in such institution.

Freeboard § 201.80

A factor of safety expressed in feet above the base flood elevation of a flood hazard area for purposes of floodplain management. Freeboard compensates for the many unknown factors that could contribute to flood heights such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

Freight Terminal § 1204.43

A facility for freight pick-up or distribution by rail, air, truck, or shipping transport.

Funeral Home § 1204.44

An establishment that prepares the dead for burial display and for rituals before burial or cremation, including chapels for the display of the deceased and the conducting of rituals before burial or cremation, and crematoriums.

G

Garage § 201.81

A structure, either attached, integral, or detached, used for the parking and storage of vehicles as an accessory use to a residence. Shall not include Parking Structure as defined in Article 12.

Gas Station § 1204.45

An establishment where fuel for vehicles is stored and dispensed from fixed equipment into the fuel tanks of motor vehicles. This may also include ancillary retail uses, an ancillary car wash facility (one stall), and solar and/or electric charging stations.

Gazebo § 201.82

A freestanding outdoor structure designed for recreational use and not for habitation.

Glare § 201.83

Light emitting from a luminaire with an intensity great enough to reduce a viewers’ ability to see, cause discomfort, and, in extreme cases, cause momentary blindness.

Golf Course/Driving Range § 1204.46

A tract of land design with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course may include a clubhouse, restrooms and shelters as ancillary uses. A driving range may be designed as a standalone facility or included as part of a golf course, which is defined as a tract of land equipped with distance markers, clubs, balls and tees for practicing the hitting of golf balls, and may include a snack-bar and pro-shop.

Government Office § 1204.47

Offices owned, operated, or occupied by a governmental agency to provide a governmental service to the public. Government offices do not include public safety or public works facilities. Greenhouse/Nursery– Retail. An establishment where flowers, shrubbery, vegetables, trees, and other horticultural and floricultural products are propagated and sold, and may include gardening and landscape supplies and products such as hardware, garden tools and utensils, and paving stone and bricks.

Grade. Defined in Section 202 § 201.84

Ground Floor. See first floor. Groundwater. Water found underground which completely fills the open spaces between particles of sand, gravel, clay, silt, and consolidated rock fractures. The zone of materials filled with groundwater is called the zone of saturation.

Green Roof § 201.85

A building roof partially or completely covered with vegetation and a growing medium, planted over a waterproofing membrane. It may also include additional layers such as a root barrier and drainage and irrigation systems.

Greenhouse (Accessory) § 201.86

A structure constructed chiefly of glass, glasslike or translucent material, cloth, or lath, which is devoted to the protection or cultivation of flowers or other tender plants. Gross Floor Area (GFA). Defined in Section 202.

Group Quarters § 1204.48

A structure with two or more rooming units occupied, designed, or intended to be occupied by individuals who may share common areas and facilities, but do not form a single housekeeping unit, and do not provide compensation under a single lease for occupancy. Group quarters provide sleeping accommodations, but no in-room cooking facilities. Group quarters do not include halfway houses or community residences. Group quarters may or may not provide medical treatment or social services to occupants.

H

Halfway House § 1204.49

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.

Healthcare Institution § 1204.50

Facilities for primary health services and medical or surgical care to people, primarily inpatient, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities, dormitories, or educational facilities, and ancillary uses such as cafeterias, restaurants, retail sales, and similar uses. Heavy Retail, Rental, and Service. Retail, rental, and/or service establishments of a heavier commercial character typically requiring permanent outdoor service or storage areas and/or partially enclosed structures. Examples of heavy retail, rental, and service establishments include large-scale home improvement centers with outdoor storage and display and rental components, lumberyards, truck rental establishments, and sales, rental, and repair of heavy equipment.

Hedge § 201.87

A row of closely planted shrubs, bushes, or any kind of plant forming a boundary.

Helipad § 1204.51

An area of land or portion of a structure used for the landing and take-off of helicopters with no facilities for service or permanent basing of such aircraft.

Heliport § 1204.52

A designated landing area for discharging or picking up passengers or goods by helicopter or similar vertical lift aircraft, and includes terminal facilities for passengers, goods, aircraft servicing, or storage.

Home Occupation § 201.88

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

Hotel/Motel § 1204.53

A facility that provides sleeping accommodations for a fee and customary lodging services. Related ancillary uses include, but are not limited to, meeting facilities, restaurants, bars, and recreational facilities for the use of guests.

Hours of Operation § 201.89

The period of time from one hour prior to opening to one hour after closing of a non-residential establishment.

Household § 201.90

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 is 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 either of the following: 1. A family, which may also include servants and employees living with the family; or 2. A person or group of unrelated persons living together not to exceed three in a dwelling unit with three or fewer bedrooms and not to exceed five in a dwelling unit with more than three bedrooms.

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Illumination System § 201.91

The totality of the equipment installed to provide exterior lighting on a developed property. Illumination system includes all structures, canopy, pole, and ground-mounted luminaires, including all wiring, circuitry, and other devices installed to create exterior lighting. Impervious Surface Coverage. Defined in Section 202.

Incentive Zoning § 201.92

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 the Zoning Ordinance.

Incidental Entertainment § 201.93

Background music provided at a bar or restaurant. Incidental Entertainment is limited to the following formats: a) live music performance limited to not more than a maximum of three acoustic instruments which shall not be amplified by any means, electronic or otherwise; or b) prerecorded music played from a preselected play list over the permanently installed sound system. If a bar or restaurant includes Incidental Entertainment, it cannot charge a cover charge, shall not allow dancing by patrons of the establishment, cannot employ flashing, laser, or strobe lights, and the maximum volume, irrespective of the format, is limited solely to the boundaries of the premises at all times. Incidental Entertainment – Expanded. Background music provided at a bar or restaurant. Incidental Entertainment – Expanded is limited to the following formats: a) live music performance which may be amplified; or b) trivia and/or karaoke. If a bar or restaurant includes Incidental Entertainment – Expanded, it cannot charge a cover charge, cannot employ flashing, laser, or strobe lights, and the maximum volume, irrespective of the format, is limited solely to the boundaries of the premises at all times. Incidental Entertainment – Expanded shall cease at 9:00 p.m. on Sunday through Thursday and 11:00 p.m. on Friday and Saturday.

Incidental Entertainment § 1204.62

5. Incidental Entertainment - Expanded Live Performance Venue. A facility for the presentation of live entertainment, including musical acts, theatrical plays, stand-up comedy, and similar performances. Performances are scheduled in advance and tickets are required for admission and shall be available for purchase in advance, though tickets may be purchased at the venue’s box office on the day of the performance. A live performance venue is only open to the public when a live performance is scheduled. A live performance venue may include classroom space utilized during hours it is not open to the public for a performance. A live performance venue may include concession stands, including sale of alcohol, but only when it is open to the public for a performance. A live performance venue does not include any adult uses or nightclubs.

Industrial - Artisan § 1204.54

A manufacturing establishment for artisan-related crafts that are more intensive uses, such as small-scale metalworking, glassblowing, furniture making, pottery, leathercraft, hand-woven articles, and related items.

Industrial - General § 1204.55

The manufacturing of products from processed or unprocessed raw materials, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products. This manufacturing may produce noise, vibrations, illumination, or particulate that is perceptible to adjacent land users but is not offensive or obnoxious. General industrial uses typically have ancillary outdoor storage areas. (See Section 1200.F for prohibited types of general industrial uses.)

Industrial - Light § 1204.56

The manufacturing from previously prepared materials of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales, and distribution of such products, provided all manufacturing activities are contained entirely within a building, and noise, odor, smoke, heat, glare, and vibration resulting from the industrial activity are confined entirely within the building. A light industrial use may also include a showroom, ancillary sales of products related to the items manufactured or stored on-site, or ancillary outdoor storage. Light industrial includes metal fabrication and aquaculture/aquaponic facilities. (See Section 1200.F for prohibited types of general industrial uses.) Industrial Design. An establishment where the form, usability, physical ergonomics, marketing, brand development and sales of various products are researched and developed. An industrial design establishment may create prototypes of products, but shall not manufacture products for direct sale and distribution from the premises.

Infrastructure § 201.94

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

Intensification § 201.95

Intensification includes, but is not limited to, increasing hours of operation, increasing the number of dwelling units, increasing the number of parking spaces, reducing total lot area to below that which is required for a new subdivision, or increasing the seating or occupancy capacity of any use.

Intensity of Use § 201.96

Square feet of gross floor area, number of dwelling units, number of employees, or other factor used as a basis for requiring off-street parking or loading facilities.

Internal Illumination (Sign) § 201.97

Illumination from a light source that is contained within a sign.

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Junk Motor Vehicle § 201.98

An automobile, truck, or other motor vehicle that has extensive damage, including, but not limited to, any of the following: missing wheels, body parts, tires, engine, or transmission, or such a vehicle that does not comply with state, county or Village laws or ordinances.

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Lamp § 201.99

The component of a luminaire that produces the actual light.

Lamp Wattage § 201.100

The amount of power of a lamp expressed in watts.

Land Development Project § 201.101

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 may be provided for in this Ordinance.

Landfill § 1204.57

A facility for the disposal of inert, non-hazardous industrial materials that are not biodegradable, and are not economically and beneficially reusable at the time of their disposal, or for the disposal of non-hazardous household/commercial solid waste.

Lighting. Defined in Section 202 § 201.102

Light, Direct. Light emitted directly from the lamp, off a reflector or reflector diffuser, or through the refractor or diffuser lens of a luminaire. Light, Indirect. Direct light that has been reflected or has scattered off of other surfaces. Light Trespass. The shining of light produced by a luminaire beyond the boundaries of the property on which it is located.

Limits of Disturbance § 201.103

The boundary within which all construction, grading, paving or repaving, landscaping, and related activities occur.

Live Entertainment - Ancillary Use § 1204.58

A live performance, performed by one or more persons including, but not limited to, musical acts, theatrical plays, performance art, stand-up comedy, disc jockeys (DJs), and magic, included as part of the operation of a bar, restaurant, amusement facility, or similar use. As an ancillary use, the other principal use(s) operating on the site shall be active and open to the public while the performance is occurring and during hours when no performance is scheduled. Live Entertainment - Ancillary Use shall be approved separately as a principal use. Live Entertainment - Ancillary Use does not include:

Loading Berth § 201.104

A space within a loading facility exclusive of driveways, aisles, maneuvering areas, ramps, columns, landscape, and structures for the temporary parking of a commercial delivery vehicle while loading or unloading goods or materials. Lot. Defined in Section 202. Lot Area. Defined in Section 202.

Lodge/Meeting Hall § 1204.63

A facility operated by an organization or association for a common purpose, such as, but not limited to, a meeting hall for a fraternal or social organization or a union hall, but not including clubs organized primarily for-profit or to render a service which is customarily carried on as a business.

Lot Building Coverage § 201.105

Defined in Section 202. Lot, Corner. Defined in Section 202. Lot Depth. Defined in Section 202. Lot Frontage. That portion of a lot abutting a street. Lot, Interior. Defined in Section 202. Lot Line. Defined in Section 202. Lot Line, Corner Side. Defined in Section 202. Lot Line, Front. Defined in Section 202. Lot Line, Interior Side. Defined in Section 202. Lot Line, Rear. Defined in Section 202. Lot, Through. Defined in Section 202. Lot Width. Defined in Section 202. Luminaire. A complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts. Luminaire, Cut-Off Type. A luminaire containing elements such as shields, reflectors, or refractor panels that direct and cut off a direct view of the light source at a cut off angle.

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Major Alterations and Additions § 201.106

Changes in materials, design, dimensions, configuration, texture and visual appearance, which will permanently affect the integrity or character of a structure. Examples of projects in this category include: changes to rooflines, cornice lines, and rooftop structures; changes to window and door openings and configurations; creating new openings or blocking up existing ones; installation or removal of bays, oriels, and balconies; changes to storefronts, steps and entryways; cladding exterior walls in a new material; removal or alteration of significant ornamentation; barrier-free access improvements; installation of fire escapes; and large additions (including elevator and stair towers).

Marina - Commercial § 1204.64

Facilities for docking or storage of commercial boats that may provide services. No lodging for the occupants, other than the manager or owner of the commercial marina, or entertainment are permitted.

Marina - Recreational § 1204.65

Facilities for docking or storage of pleasure boats or providing services to pleasure boats and the occupants thereof, including minor servicing and repair to boats while in the water, sale of fuel and supplies, or provision of lodging, food, beverages, and entertainment as accessory uses. A yacht club is considered a recreational marina. Materials Processing. Facilities for: 1. The processing of cement, salt, rock, sand, gravel, and stone; or 2. The storage, temporary or otherwise, of unprocessed metal, processed metal, wastepaper, rags, or other junk materials; or 3. The purchase or sale, by weight across an on-site scale, of unprocessed metal, processed metal, wastepaper, rags, or other junk materials; or 4. The sorting, baling, separating, shearing, shredding, or torch preparation of metal or any other form of scrapmetal processing, including automobile flattening and crushing.

Marquee § 201.107

A permanent roof-like structure constructed of durable material extending from the wall of a structure with no supports extending to the ground with a portion of the structure dedicated to sign area that may be changed.

Medical/Dental Office § 1204.66

A facility operated by one or more physicians, dentists, chiropractors, psychiatrists, physiotherapists, or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis. Medical/dental offices also include alternative medicine clinics, such as acupuncture and holistic therapies, and physical therapy offices for physical rehabilitation.

Micro-Brewery § 1204.67

A facility for the production and packaging of malt beverages of low alcoholic content for wholesale distribution, with a capacity of less than 15,000 barrels per year and may include a tasting room. A tasting room allows customers to taste samples of products manufactured on site and purchase related sales items.

Micro-Distillery § 1204.68

A facility for the production and packaging of alcoholic beverages in quantities not to exceed twelve 12,000 gallons per year and may include a tasting room. A tasting room allows customers to taste samples of products manufactured on site and purchase related sales items.

Micro-Winery § 1204.69

A facility for the production and packaging of any alcoholic beverages obtained by the fermentation of the natural contents of fruits or vegetables, containing sugar, including such beverages when fortified by the addition of alcohol or spirits, in quantities not to exceed 25,000 gallons per year and may include a tasting room. A tasting room allows customers to taste samples of products manufactured on site and purchase related sales items.

Minor Alterations and Additions § 201.108

Reversible changes which will not permanently affect the integrity or character of a structure. Examples of projects in this category include awnings and canopies, signs, replacement windows and doors, storm windows and doors, skylights, satellite dish antennae, and other mechanical or electrical equipment; also, small additions such as roof decks, elevator and stair headhouses.

Mixed-Use § 201.109

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

Movie Studio § 1204.70

Facilities for the production of motion pictures and film, including stages, exterior sets, film laboratories, sound recording facilities, construction, repair and storage facilities, caretaker and temporary housing, related commercial vehicles, and accessory fabrication activities.

Multi-Tenant Retail Center § 201.110

A group of two or more commercial establishments that is planned, owned, and/or managed as a single property. The two main configurations of multi-tenant retail centers are large shopping centers/malls and strip centers. Nit. A unit of visible-light intensity. One nit is equivalent to one candela per square meter.

N

Neighborhood Commercial Establishment § 1204.71

A commercial use within a primarily residential neighborhood that is non-residential in its original construction and/or use.

Nightclub § 1204.60

Nightclub § 1204.72

An establishment that provides entertainment, including live music and disc jockeys (DJs), and an area for dancing by patrons of the establishment. A nightclub has as its primary source of revenue the sale of alcoholic beverages and/or cover charges. Portions of the floor area may be set up for alcohol service, including a bar counter, with or without stools, and other seating areas. A nightclub is only open to the public when it is providing such entertainment and admission (cover charge) is generally charged for admittance.

Nonconformance § 201.111

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 that ordinance or amendment. Nonconformance is of only two types: 1.

Nonconforming by Dimension § 201.113

A building, structure, or parcel of land not in compliance with the dimensional regulations of the Ordinance. Dimensional regulations include all regulations of the Ordinance, other than those pertaining to the permitted uses. A building or structure containing more dwelling units than are permitted by the use regulations of the Ordinance is nonconforming by use; a building or structure containing a permitted number of dwelling units by the use regulations of the Ordinance, but not meeting the lot area per dwelling unit regulations, is nonconforming by dimension.

Nonconforming by Use § 201.112

A lawfully established use of land, building, or structure that 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 the Ordinance is nonconformity by use. 2.

Nonconformity § 201.114

See definition of “Nonconformance.” Non-Residential Use. A structure or land arranged, designed, used, or intended to be used for non-residential uses, which includes, but is not limited to, retail, office, entertainment, recreation, public, institutional, and other nonresidential uses. Structures with dwellings above ground floor non-residential uses are considered mixed-use development and considered a non-residential use for the purposes of this Ordinance.

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Off-Street Parking § 201.115

The storage space for an automobile on premises other than streets or rights-of-way.

Office § 1204.73

An establishment that engages in the processing, manipulation, or application of business information or professional expertise. Such an office may or may not offer services to the public. An office is not materially involved in fabricating, assembling, or warehousing of physical products for the retail or wholesale market, nor engaged in the repair of products or retail services. An office does not include financial institution/bank, government office, or industrial design.

Open Space § 201.116

That portion of land, either landscaped or left unimproved, which is used to meet active or passive recreation or spatial needs, and/or to protect water, air, or plant resources.

Outbuilding § 201.117

An accessory structure used for an office, accessory dwelling unit, or recreation room as an accessory use to a residence.

Outdoor Dining § 1204.74

A seating area that is located outdoors and contiguous to a restaurant or bar, typically in addition to an indoor seating area. Outdoor dining shall be approved separately as a principal use.

Outdoor Display and Sales Area § 201.118

Part of a lot used for outdoor sales and/or display of goods accessory to the principal use.

Outdoor Market § 1204.75

A retail market located outdoors that rents space to individual vendors who sell their merchandise. Park/Playground. A non-commercial facility that serves the recreational needs of residents and visitors. Park/playground includes, but is not limited to, playgrounds, ballfields, football fields, soccer fields, basketball courts, tennis courts, dog parks, skateboard parks, passive recreation areas, and park district field houses. Park/playground may also include non-commercial indoor or outdoor amusement facilities, such as zoos and amphitheaters, and ancillary restaurant and retail establishments.

Outlot § 201.119

An area of land set aside within a retail center for a separate principal building that shares a circulation system and may share common parking with the larger shopping center development but is separated from the principal building or buildings, typically along the property line.

Overlay District § 201.120

A district established in the Zoning Ordinance that is superimposed on one or more zoning districts or parts of zoning districts. The standards and requirements associated with an overlay district may be more or less restrictive than those in the underlying districts consistent with other applicable state and federal laws.

Owner § 201.121

A titleholder of record, or if title is held in trust, the beneficiary of the trust or the person or persons who have acquired any interest in the property by contract or purchase or otherwise.

Owner-Occupied § 201.122

A characteristic of a property in which its owner considers it his or her predominant and principal home and spends a majority of the year occupying the property.

P

Parapet § 201.123

The extension of a false front or wall above a roof-line.

Parking Lot § 1204.76

An open, hard-surfaced area, other than a street or public way, used for the storage of operable vehicles, whether for compensation or at no charge.

Parking Structure § 1204.77

A structure of one or more levels or floors used for the parking or storage of operable vehicles, whether for compensation or at no charge.

Party Wall § 201.124

A wall starting from the foundation and extending continuously through all stories to or above the roof that separates one building from another, but is in joint use by each building.

Passenger Terminal § 1204.78

A facility for the handling, receiving, and transferring passenger traffic for aircraft, rail, buses, and watercraft.

Patio § 201.125

A hard surface designed and intended for recreational use by people and not used as a parking space.

Performance Standards § 201.126

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

Pergola § 201.127

A freestanding, open structure that forms a partially shaded pedestrian walkway, passageway, or sitting area, and is constructed of a semi-open roof and vertical posts that support cross-beams and a sturdy open lattice. It may also be used as an extension of a building entryway.

Permitted Use § 201.128

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

Personal Service Establishment § 1204.79

An establishment that provides frequent or recurrent needed services of a personal nature. Typical uses include, but are not limited to, beauty shops, barbershops, tanning salons, electronics repair shops, nail salons, laundromats, health clubs, dry cleaners, and tailors.

Place of Worship § 1204.80

A facility where persons regularly assemble for religious purposes and related social events, and may include group housing for persons under religious vows or orders. Places of worship may also include ancillary day care facilities and/or classrooms for weekly religious instruction.

Planned Development § 201.129

A land development project, as defined in Rhode Island General Laws §45-24-31(37), and developed according to plan as a single entity and containing one or more structures and/or uses with appurtenant common areas.

Plant Agriculture § 1204.81

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

Power Plant § 1204.82

An industrial facility for the generation of electric power. A power plant does not include electricity generated from solar or wind.

Pre-Application Conference § 201.130

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. Porch. An architectural feature that projects from the exterior wall of a structure, has direct access to the street level of the building, and is covered by a roof or eaves. A porch includes any occupiable space on its roof. Porch – Enclosed. A porch enclosed by walls, screens, lattice or other material on two or more sides. A screened-in porch is considered an enclosed porch. Porch – Unenclosed. A porch that is open on two or more sides. Property Line. See lot line.

Principal Building § 201.131

A non-accessory structure in which a principal use of the lot on which it is located is conducted.

Principal Use § 201.132

The main use of land or structures as distinguished from an accessory use.

Prison/Correctional Institution § 1204.83

A facility for the detention, confinement, treatment, and rehabilitation of persons arrested or convicted for the violation of civil or criminal law.

Public Safety Facility § 1204.84

A facility operated by and for the use of public safety agencies, such as the fire department and police departments, including the dispatch, storage, and maintenance of police and fire vehicles. Public safety facilities include kennels for canine units of public safety agencies.

Public Works Facility § 1204.85

A facility operated by the municipal public works department to provide city services, including dispatch, storage, and maintenance of municipal vehicles.

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Racetrack § 1204.86

A measured course where animals or automobiles are entered in competition against one another or against time, including tracks used only for training purposes.

Raceway § 201.133

A mounting bar or similar device that is used to attach channel letters to a building. Raceways often conceal the electrical components of channel letter signs.

Railroad Right-of-Way § 201.134

A strip of land with tracks and auxiliary facilities for track operation, but not including depots, loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops, or water towers. Repairs, Replacement and Restoration. Work intended to remedy damage or deterioration, which will result in a change in the type of materials, dimensions, design, configuration, texture or visual appearance. May include repointing, chemical or mechanical cleaning, sealing, painting and patching of masonry. Also, restoration of altered or missing features to their appearance at a previous point in time, using physical, documentary or historical evidence.

Reception Facility § 1204.87

A facility that provides hosting and rental services of a banquet hall or similar facilities for private events including, but not limited to, wedding receptions, holiday parties, and fundraisers, with food and beverages that are prepared and served on-site or by a caterer to invited guests during intermittent dates and hours of operation. Live entertainment may be provided as an ancillary use as part of an event. A reception facility is not operated as a restaurant with regular hours of operation.

Rehabilitation Center § 1204.88

A facility for treatment of alcohol or drug addiction that is licensed, certified, or accredited by the appropriate local, state, or federal agencies, in which unrelated persons are provided housing, food, treatment, and supportive services.

Research and Development § 1204.89

A facility where research and development is conducted in industries that include, but are not limited to, biotechnology, pharmaceuticals, medical instrumentation or supplies, communication, and information technology, electronics and instrumentation, and computer hardware and software. Research and development facilities shall not exceed Biosafety Level Three as regulated by the Department of Health and Human Services, Center for Disease Control and Prevention, and the National Institute of Health. A research and development establishment may create prototypes of products, but shall not manufacture products for direct sale and distribution from the premises.

Residential Care Facility § 1204.90

A licensed group care facility that provides 24-hour medical or non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living, or for the protection of the individual. A residential care facility includes nursing homes, assisted living, and continuum of care facilities.

Residential Use § 201.135

A structure arranged, designed, used, or intended to be used for residential occupancy by one or more families or households, which includes, but is not limited to, the following types: single-family, two-family, rowhouse, and multi-family dwellings. Structures with dwellings above ground floor non-residential uses are considered mixed-use development, which are considered a non-residential use for the purposes of this Ordinance.

Restaurant § 1204.91

An establishment where food and drinks are provided to the public, primarily for on-premises consumption by seated patrons. If the establishment also serves alcoholic beverages, a full menu of food and drinks shall also be prepared on premises. Incidental Entertainment and Incidental Entertainment - Expanded are permissible accessory uses within a restaurant.

Retail Goods Establishment § 1204.92

An establishment that provides physical goods, products, or merchandise directly to the consumer, where such goods are typically available for immediate purchase and removal from the premises by the purchaser. Sale of alcohol products is regulated separately as retail sales of alcohol.

Retail Sales of Alcohol § 1204.93

Retail sales of alcoholic beverages in factory original containers for consumption offpremises, when licensed by the Board of Licenses.

Right-of-Way § 201.136

A strip of land taken or dedicated for use as a public way. In addition to the roadway, it typically incorporates the curbs, lawn strips, sidewalks, lighting, utilities, and drainage facilities.

Roofline § 201.137

The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys or minor projections.

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Satellite Dish Antenna § 201.138

A dish antenna designed for transmitting signals to a receiver or receiving station or for receiving television, radio, data, communication or other signals from other antennas, satellites or other services.

Security Hours § 201.139

The period of time from one hour after closing to one hour prior to opening of a non-residential establishment.

Self-Storage Facility § 1204.94

A facility for the storage of personal property where individual renters control and access individual storage spaces. Ancillary retail sales of related items, such as moving supplies, and facility offices may also be included.

Setback. Defined in Section 202 § 201.140

Setback, Corner Side. Defined in Section 202. Setback, Front. Defined in Section 202. Setback, Interior Side. Defined in Section 202. Setback, Rear. Defined in Section 202. Shed. An accessory structure, often purchased pre-built or as a kit in pre-fabricated sections, that is not designed to be served by heat or plumbing and does not need to be placed on a permanent foundation. A shed is intended to store lawn, garden, or recreational equipment.

Ship and Boat Building/Repair § 1204.95

An establishment for the manufacturing, repair, storage, and sale of ships and boats. Ship and boat building/repair does not include the leasing of dry dock or marina storage for individual boat owners.

Short-Term Rental § 201.141

The occupancy or use, for a fee, of all or portions of a dwelling unit by anyone other than the owner for a period of fewer than 30 consecutive calendar days.

Sign § 201.142

Any identification, description, illustration, or device illuminated or non-illuminated that is visible to the public from adjoining streets or adjoining properties and that directs attention to a product, service, place, activity, person, institution, business, or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, placard, temporary sign, lights, balloons or other device designed to attract attention, advertise, identify or convey information. Building details that are an integral part of the overall architectural design of a building or works of art accessory to a building are not considered signs. Sign, Animated. Any sign that uses movement or change of lighting to depict action or create a special effect or scene. Animated signs include video screens, television screens, plasma screens, and holographic displays, but do not include electronic message center signs.

Sign Area. Defined in Section 202 § 201.143

Sign, Cabinet Box Projecting. A type of projecting sign in the form of a cabinet or box specifically designed to allow the sign face to be changed repeatedly, which may or may not be internally illuminated. Sign, Cabinet Box Wall. A type of wall sign in the form of a cabinet or box specifically designed to allow the sign face to be changed repeatedly, which may or may not be internally illuminated. Sign, Construction. Any sign identifying individuals or companies involved in design, construction, demolition, financing, or development when placed upon the premises where construction or development is ongoing. Sign, Directional. A sign used to convey directions and other information to direct the public, such as entrance or exit. Sign, Directory. A sign for a multi-tenant development that conveys tenant information to pedestrians and/or motorists who have entered the site. Sign, Electronic Message. A sign or component of a sign that uses LED illumination systems or other similar electronic components to form a message(s) that are electronically programmed or modified by electronic processes. Sign, Flashing. Any illuminated sign that contains an intermittent or flashing light source or that changes light intensity in sudden transitory bursts, but do not include electronic message center signs. Sign, Freestanding. Any sign on a frame, pole, or other support structure that is not attached to any building. (Figure 2-1) Sign, Ghost. A painted wall sign that remains from an earlier time or advertises the use of a building that provides evidence of the history of the use of the building or activities of the community.

Sign Height. Defined in Section 202 § 201.144

Sign, Menuboard. A sign displaying goods or services available as part of the drive-through lane of a drive-through facility. (Figure 2-1) Sign, Monument. A freestanding sign where the base of the sign structure is on the ground or no more than six inches above the ground. Typically constructed of brick, wood, stone, or metal, the monument sign base shall be a minimum of 75% of the width of the sign face and no more than 125% of the width of the sign face, and no more than 40% of the overall structure (total area of sign face and sign base). (Figure 2-1) Sign, Moving. Any sign that revolves, rotates, swings, undulates, or otherwise attracts attention by moving parts, whether operated by mechanical equipment or by natural sources, not including flags or banners. Sign, Off-Premise. A sign that directs attention to a profession, business, activity, commodity, service or entertainment other than one conducted, sold, or offered upon the premises where such sign is located. Off-premise signs may be temporary or permanent; permanent off-premise signs are also called billboards. Political/noncommercial signs are not off-premise signs. Sign, Political/Noncommercial. A sign advocating action on a public issue, recommending a candidate for public office, a referendum, or similar voting issue, or a sign for the expression of noncommercial ideas and messages. A political/noncommercial sign does not direct attention to a business, commodity, service, or entertainment that is offered on or off the premises. Sign, Portable. Any sign not permanently attached to the ground, a building, or other structure and is readily movable. Any sign attached to a sign structure with wheels is considered a portable sign. Portable signs do not include those types of temporary signs or non-permanently attached signs that are specifically permitted by this Ordinance, such as banners and A-frame signs. Sign, Projecting. Any sign that is attached to a building or other structure and extends beyond the line of the building or structure or beyond the surface of that portion of the building or structure to which it is attached by more than 15 inches. (Figure 2-1) Sign, Roof. Any sign erected, constructed, and maintained above the parapet on a building with a flat roof or above the fascia board on a building with a pitched roof. (Figure 2-1) Sign, Snipe. A sign painted, pasted or otherwise affixed to any tree, rock, retaining wall, fence, utility pole, hydrant, bridge, sidewalk, curb or street, bench, or trash receptacle. Logos and labels located on mechanical equipment, recycling bins, trash containers or dumpsters, which are part of the equipment as manufactured and/or installed, are not snipe signs.

Sign Structure § 201.145

Any structure that supports a sign, including any decorative cover. Sign, Wall. A single-faced sign attached generally flush or parallel to the wall of a building that projects less than 15 inches. (Figure 2-1) Sign, Window. A sign posted, painted, placed, or affixed in or on a window exposed to public view. A sign that is interior to the building that faces a window exposed to public view that is located within two feet of the window face is a window sign for the purposes of calculating the total area of all window signs. Merchandise used in a window display is not considered a window sign. (Figure 2-1) Site Plan. The development plan for one or more lots on which is shown the existing and/or the proposed conditions of the lot.

Solar Energy System (Principal Use) § 1204.96

An energy system operated by a public, private, or cooperative company for the generation, transmission, distribution, storage, or processing of solar energy for the purposes of space heating and cooling, electricity generation, and/or water heating. Slaughterhouse. A facility where livestock is confined, slaughtered, and processed in preparation for distribution. A slaughterhouse does not include facilities exclusive for the killing of fowl.

Special Use § 201.146

A regulated use that is permitted pursuant to the special use permit issued by the authorized governmental entity.

Specialty Food Service § 1204.97

A business that specializes in the sale of certain food products, such as a delicatessen, bakery, candy maker, meat market, catering business, cheesemonger, coffee roaster, or fishmonger, and may offer areas for ancillary retail sales or restaurants that serve the products processed on-site. Specialty food service also includes preparation, processing, canning, or packaging of food products where all processing is completely enclosed and there are no outside impacts.

Stacking Space § 201.147

A space specifically designed and designated as a waiting area for vehicles patronizing a drivethrough facility or service bay.

Stock Yard/Feeding Pen § 1204.98

Facilities for the feeding, breeding, raising, and/or holding of livestock.

Stoop § 201.148

An exterior floor typically, constructed of stone, concrete, and/or masonry, with a finished floor elevation higher than the adjacent ground level, often with steps leading up to it, and utilized primarily as an access platform to a structure. A stoop may be roofed and designed with railings, but shall not be enclosed.

Storage Yard - Outdoor § 1204.99

The storage of material outdoors as a principal use of land for more than 24 hours. Items stored within an outdoor storage yard shall be owned, consigned, or leased by the owner of the storage yard. However, boats and recreational vehicles that are not owned, consigned, or leased by the owner of the storage yard may also be stored on-site.

Street § 201.149

A public or private right-of-way that affords a primary means of vehicular access to abutting property, but does not include alleys or driveways.

Structural Alteration § 201.150

Any change, other than incidental repairs, which would prolong the life of supporting members of a structure, such as the addition, removal, or alteration of bearing walls, columns, beams, girders or foundations.

Structure § 201.151

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.

Substandard Lot of Record § 201.152

Any lot lawfully existing at the time of adoption or amendment of this Ordinance and is not in conformance with the dimensional and/or area provisions of this Ordinance for new subdivisions as detailed in Table 4-1.

Swimming Pool § 201.153

A receptacle for water and/or an artificial pool of water over 24 inches in depth, either at a private residence intended only for the use of the individual owner, his family and friends, or at a multi-tenant development intended only for the use of the tenants of the building and their families and friends.

T

Tank Farm § 1204.100

The storage of chemicals, petroleum products, ethanol products, hazardous materials, and similar substances in aboveground or belowground storage containers designed for wholesale distribution. This does not include liquefied natural gas or liquified propane gas.

Temporary Contractor’s Office § 1204.101

A temporary structure utilized as a watchman’s quarters, construction office, equipment shed, or sales center during the construction of a new development.

Temporary Emergency Housing § 1204.102

A temporary shelter for citizens during seasonal or emergency events, such as extreme temperature, flooding, or natural disaster.

Temporary Entertainment § 1204.61

Temporary Entertainment § 1204.105

Periodic live indoor or outdoor performance, performed by one or more persons including, but not limited to, musical acts, theatrical plays, performance art, stand-up comedy, disc jockeys (DJs), and magic. Temporary Entertainment event includes fireworks shows, horse shows, animal shows, carnivals/circuses, temporary worship services, and other similar events.

Temporary Exterior Lighting § 201.154

The specific illumination of an outside area or object by any man-made device that produces light by any means, which is not intended to be a permanent installation.

Temporary Mobile and Manufactured Homes § 1204.103

A mobile or manufactured home located on a residential lot when the residence is rendered uninhabitable by virtue of a casualty for the use and occupancy of the former occupants of the residence only.

Temporary Mobile Food Sales § 1204.104

A mobile food establishment where food or alcohol preparation and service is housed in a truck or trailer, container, or a non-motorized mobile food cart.

Temporary Outdoor Sales § 1204.106

Temporary uses, which may include temporary structures, where goods are sold, such as consignment auctions, arts and crafts fairs, flea markets, rummage sales, temporary vehicle sales, and holiday sales, such as Christmas tree lots and pumpkin sales lots. This temporary use category does not include outdoor sales related to a retail goods establishment where such goods are part of the establishment’s regular items offered for purchase.

Temporary Outdoor Storage Container § 1204.107

Temporary self-storage containers delivered to a residence or business owner to store belongings, and then picked up and returned to a warehouse until called for.

Temporary Parking Lot (Principal Use) § 1204.108

A principal use parking lot that is permitted for a temporary period subject to certain use standards.

Tower § 1204.122

A structure designed and constructed to support one or more wireless telecommunications antennae and including all appurtenant devices attached to it.

Transitional Shelter § 1204.109

A facility that provides temporary or transitional shelter for the homeless in general or for specific populations of the homeless.

Trellis § 201.155

A lattice frame made of bars of wood or metal, fixed to a wall, to support vines or trained climbing plants.

U

Unified Control § 201.156

The combination of two or more tracts of land wherein each owner has agreed that his tract of land will be developed under the same development approvals.

Unified Development Review § 201.157

The review and approval, approval with conditions, or denial of requests for variances and special-use permits submitted as part of land development and subdivision applications, pursuant to §45-24-46.4 of the Rhode Island General Laws.

Use § 201.158

The purpose or activity for which the land or structure is designed, arranged, or intended, or for which it is occupied or maintained.

Use Variance § 201.160

Permission to depart from the use requirements of this Ordinance under the applicable standards set forth in Rhode Island General Laws §45-24-41.

Utility § 1204.110

Facilities that produce and/or transmit basic services, such as gas, sewer, or water, including large-scale developments such as electrical substations, high voltage transmission lines, and water towers and tanks. Utilities do not include public works facilities. Utility does not include wind energy systems, solar energy systems, and power plants.

V

Variance § 201.159

Permission to depart from the literal requirements of the Zoning Ordinance. An authorization for the construction or maintenance of a structure, or for the establishment or maintenance of a use of land that is prohibited by this Ordinance. There are only two categories of variance, a use variance or a dimensional variance.

Vehicle Dealership/Rental § 1204.113

An establishment that sells or leases new or used automobiles and recreational vehicles, or rents automobiles and vans, including incidental parking and servicing of vehicles. A vehicle dealership/rental establishment may maintain an inventory of the vehicles for sale or lease either on-site or at a nearby location, and may provide on-site facilities for the repair and service of the vehicles owned by the establishment. Vehicle dealership/rental does not include truck rental establishments or rental of heavy equipment, which is considered part of heavy retail, rental, and service.

Vehicle Operations Facility § 1204.112

A facility for the dispatch, storage, and maintenance of emergency medical care vehicles, taxicabs, school buses, utility vehicles, and livery vehicles. Vehicle operations facility does not include a public works or public safety facility.

Vehicle Repair/Service § 1204.111

An establishment that that provides services and repairs to motor vehicles, motorcycles, and other recreational vehicles. Vehicle repair/service does not include repair of heavy equipment, which is considered part of heavy retail, rental, and service.

W

Wall § 201.162

A constructed solid barrier of concrete, stone, brick, tile, or similar type of material that closes, marks, or borders a field, yard, or lot, and that limits visibility and restricts the flow of air and light.

Warehouse § 1204.114

An enclosed facility for the storage and distribution of manufactured products, supplies, and/or equipment.

Waste Facility § 1204.116

A facility for the processing of waste, including sewage disposal facilities or solid waste transfer station, operated by a state or municipal agency.

Waste Incineration Facility § 1204.115

A facility that disposes of, treats, processes, or recycles solid waste or medical waste through combustion, gasification, or pyrolysis, or exposes solid waste or medical waste to temperatures above 400 degrees Fahrenheit.

Waters § 201.163

All surface waters including all waters of the territorial sea, tidewaters, all inland waters of any river, stream, brook, pond, or lake, and wetlands, as well as all groundwaters.

Wetland § 201.164

A marsh, swamp, bog, pond, river, river or stream flood plain or bank; an area subject to flooding or storm flowage; an emergent or submergent plant community in any body of fresh water; or an area within 50 feet of the edge of a bog, marsh, swamp, or pond, as defined in Rhode Island General Laws §2-1-20; or any salt marsh bordering on the tidal waters of this state, whether or not the tidal waters reach the littoral areas through natural or artificial watercourses, and those uplands directly associated and contiguous thereto which are necessary to preserve the integrity of that marsh, and as further defined by the Rhode Island coastal resources management program, as may be amended.

White Roof § 201.165

A roof designed to deliver high solar reflectance, reducing heat transfer to the building and the ability to radiate absorbed, or non-reflected solar energy.

Wholesale Establishment § 1204.117

A business where goods are sold to either retailers, or to industrial, commercial, institutional, or other professional business users, or to other wholesalers and related subordinated services.

Wind Energy System (Principal Use) § 1204.118

An energy system operated by a public, private, or cooperative company for the generation, transmission, distribution, or processing of wind energy.

Wireless Telecommunications § 1204.119

Towers, antennas, and facilities used to transmit and receive signals that facilitate wireless telecommunications. The following definitions describe the wireless telecommunications infrastructure described within the general definition for wireless telecommunications:

Y

Yard. Defined in Section 202 § 201.166

Yard, Corner Side. Defined in Section 202. Yard, Front. Defined in Section 202. Yard, Interior Side. Defined in Section 202. Yard, Rear. Defined in Section 202. Yard Sale. The sale of personal property conducted as accessory to a residential use, held on the seller’s own premises. The term shall include garage sales, lawn sales, rummage sales, or other similar sales.

Z

Zoning Certificate § 201.167

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

Zoning Lot § 201.168

A lot or combination of lots within a single block, which is designated by its owner or developer to be used, developed, or built upon as a unit. A zoning lot may or may not coincide with a lot of record.

Zoning Map § 201.169

The map or maps that are a part of this Ordinance and which delineate the boundaries of all mapped zoning districts within the physical boundary of the City.