DEFINITION OF GENERAL TERMS
201 DEFINITION OF GENERAL TERMS
Abut. To share a common wall or lot line without being separated by a street or alley.
Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with no intervening land. Accessibility Ramp. A ramp or similar structure that provides wheelchair or similar access to a structure. Accessory Dwelling Unit. 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. 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. 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. 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. Construction that increases the size of a structure in terms of building footprint, height, or floor area. Administrative Officer. 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. Aggrieved Party. 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. 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. A public right-of-way that normally affords a secondary means of access to abutting property. Alteration. 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. 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. Apiary. A structure for the keeping of honeybees. Applicant. An owner or authorized agent of the owner submitting an application or appealing an action of any official, board, or agency. Application. 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. 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. 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. 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. A space below finished grade affording access, air, and light to a basement or cellar. Attention Getting Device. 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. 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. Awning. 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. Balcony. 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. A sign that is printed or displayed upon flexible material with or without frames.
Banner
Exhibition. 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. Basement. 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. A window system that projects outward from the structure, which does not rest on the building foundation or on the ground. Berm. An earthen mound designed to provide visual interest on a site, screen undesirable views, reduce noise, or fulfill other similar purposes. Billboard. 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. Block. 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. A roof designed to store water and discharge rainfall. 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. Buffer Yard. 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. Any structure used or 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 bulk, by other regulations, and/or by any combination thereof. Building Height. Defined in Section 202. Building Line. 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. 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. 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. A projecting framework providing access from the exterior of a structure to a stairway leading to a basement or cellar. Business. 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.
Canopy
Non-Structural. A roof-like non-structural cover that projects from the wall of a structure with support posts that extend to the ground.
Canopy
Structural. 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. Carport. An open-sided roofed vehicle shelter, usually formed by extension of the roof from the side of a building, but may be freestanding. Cellar. 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. Chicken Coop. A structure where hens are kept. Chimney. 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. Coldframe Structure. 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. An individual enrolled as an undergraduate or graduate student at any university or college educational institution who commutes to a campus. Co-Location. Placement of wireless telecommunications equipment from more than one service or service provider on a single tower or site. Commercial Message. 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. 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. Comprehensive Plan. 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. In compliance with the regulations of the pertinent zoning district and this Ordinance. Contiguous. See abut. Cross-Access. 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. Curb Cut. A vehicular access point to a lot from the right of way, whether or not the interruption of a curb is required. Cut Off. 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. Deck. 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. 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. 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. 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. District. 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. A container used for the purpose of collecting donated items for resale or for use by a charitable organization or institution. 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 groundwaters, and the prevention and/or alleviation of flooding. Driveway. A pathway for motor vehicles from a street to a lot used only for service purposes or for access to the lot. Dwelling. 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 Unit. 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. Easement. 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. The projecting lower edges of a roof overhanging the wall of a structure. Encroachment. The extension or placement of any structure, or a component of such, into a required setback or rightof-way. Erect. To build, construct, attach, hang, place, suspend, or affix. Exterior Lighting. The illumination of an outside area or object by any man-made device that produces light by any means. Exterior Stairwell. 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. 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. Family. 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.
Fence
Solid. 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. First Floor. 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. 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. Freeboard. 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. Garage. 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. Gazebo. A freestanding outdoor structure designed for recreational use and not for habitation. Glare. 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. Grade. Defined in Section 202. 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. 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). 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. Hedge. A row of closely planted shrubs, bushes, or any kind of plant forming a boundary. Home Occupation. Any activity customarily carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit. Hours of Operation. The period of time from one hour prior to opening to one hour after closing of a non-residential establishment. 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 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. Illumination System. 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. 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. 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. Infrastructure. Facilities and services needed to sustain residential, commercial, industrial, institutional, and other activities. Intensification. 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. 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). Illumination from a light source that is contained within a sign. Junk Motor Vehicle. 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. Lamp. The component of a luminaire that produces the actual light. Lamp Wattage. The amount of power of a lamp expressed in watts. Land Development Project. 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. Lighting. Defined in Section 202. 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. The boundary within which all construction, grading, paving or repaving, landscaping, and related activities occur. Loading Berth. 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. Lot Building Coverage. 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. Major Alterations and Additions. 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). Marquee. 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. Minor Alterations and Additions. 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. A mixture of land uses within a single development, building, or tract. Multi-Tenant Retail Center. 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. 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 that ordinance or amendment. Nonconformance is of only two types: 1. Nonconforming by Use. 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. Nonconforming by Dimension. 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. Nonconformity. 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. Off-Street Parking. The storage space for an automobile on premises other than streets or rights-of-way. Open Space. 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. An accessory structure used for an office, accessory dwelling unit, or recreation room as an accessory use to a residence. Outdoor Display and Sales Area. Part of a lot used for outdoor sales and/or display of goods accessory to the principal use. Outlot. 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. 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. 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. 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. Parapet. The extension of a false front or wall above a roof-line. Party Wall. 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. Patio. A hard surface designed and intended for recreational use by people and not used as a parking space. Performance Standards. A set of criteria or limits relating to elements which a particular use or process shall either meet or may not exceed. Pergola. 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. A use allowed by right which is specifically authorized in a particular zoning district. Planned Development. 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. Pre-Application 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. 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. A non-accessory structure in which a principal use of the lot on which it is located is conducted. Principal Use. The main use of land or structures as distinguished from an accessory use. Raceway. 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. 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. Residential Use. 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. Right-of-Way. 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. The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys or minor projections. Satellite Dish Antenna. 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. The period of time from one hour after closing to one hour prior to opening of a non-residential establishment. Setback. Defined in Section 202. 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. Short-Term Rental. 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. 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. 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. 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. 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. Special Use. A regulated use that is permitted pursuant to the special use permit issued by the authorized governmental entity. Stacking Space. A space specifically designed and designated as a waiting area for vehicles patronizing a drivethrough facility or service bay. Stoop. 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. Street. 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. 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. 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. 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. 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. Temporary Exterior Lighting. 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. Trellis. A lattice frame made of bars of wood or metal, fixed to a wall, to support vines or trained climbing plants. Unified Control. 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. 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. The purpose or activity for which the land or structure is designed, arranged, or intended, or for which it is occupied or maintained. Variance. 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.
1. Use Variance.
Permission to depart from the use requirements of this Ordinance under the applicable standards set forth in Rhode Island General Laws §45-24-41.
2. Dimensional Variance.
Permission to depart from the dimensional requirements of this Ordinance under the applicable standards set forth in Rhode Island General Laws §45-24-41. Wall. 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. Waters. 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. 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. 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. Yard. Defined in Section 202. 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. Zoning Certificate. 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. 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. 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.