Definitions — Town of Richmond

Abutter § 18.08.010.1

One whose property abuts, that is, adjoins at a border, boundary or point with no intervening land. Accessory dwelling unit. A residential living unit on the same parcel where the primary use is a legally established single-unit or multi-unit dwelling. An ADU provides complete independent living facilities for one or more persons. It may take various forms including, but not limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; or a unit that is part of an expanded or remodeled primary dwelling. (Ord. dated 12-19-94 (part); Ord. dated 9-21-04 (part); Ord. dated 11-19-13; Ord. dated 5-16-17, Ord. dated 5-21-24)

Accessory use § 18.08.010.2

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 is not permitted 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 those elements to the new use. Adaptive reuse is permitted in conformity with Ch. 18.23 of this Title. Adult entertainment business. A. An adult entertainment business is: 1. Any commercial establishment or business where any individual, employee, operator or owner works or performs in the nude, nudity meaning the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple and below, or showing of the covered male genitals in a discernibly turgid state, or 2. Any commercial establishment or business that displays actual or simulated acts of sexual activity by clothed or nude individuals, either live or on film, videotape or by electronic means, intended to provide sexual stimulation or sexual gratification, or 3. Any commercial establishment whose major business is the sale of books, magazines, or other printed material, or movies, films, DVDs, or other video reproductions, intended to provide sexual stimulation or sexual gratification. (Ord. dated 1-3-06 (part); Ord. dated 11-19-13)

Affordable housing § 18.08.010.3

See “low- or moderate-income housing.” (Ord. dated 5-16-95 (part); Ord. dated 10-21-03 (part); Ord. dated 11-19-13; Ord. dated 5-21-24)

Aggrieved party § 18.08.010.4

A. Any person or persons or entity or entities who can demonstrate that his or her property will be injured by a decision of any officer or agency responsible for administering the zoning ordinance; or B. Anyone requiring notice pursuant to R.I. Gen. Laws title 45, ch. 24. (Ord. dated 12-19-94 (part); Ord. dated 9-7-10; Ord. dated 11-19-13)

Annual production shall not exceed 150,000 gallons § 18.47.020.2

“Farm” means an agricultural operation occupying twenty (20) or more contiguous acres that is owned or operated by an individual or business entity with a state farm tax number issued pursuant to R.I. Gen. Laws § 44-18-30(32). “Farm stand” means a retail outlet located on the same lot as a farm or a lot adjacent to a farm that sells fruit, vegetables, plants, farm-home-manufactured food items, or products produced on the premises, including but not limited to gardening or landscaping supplies or materials. (Ord. dated 7-19-16)

Applicant § 18.08.010.5

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

Application § 18.08.010.6

The completed form or forms and all accompanying documents, exhibits and fees required of an applicant by an approving authority for approval or permitting purposes. Area median income (AMI). The median household income as determined annually by the U.S. department of housing and urban development (HUD) and adjusted for household size by HUD and by Rhode Island housing and mortgage finance corporation for the designated statistical area that includes Richmond as of the date of marketing of the dwelling unit to which it is being applied. (Ord. dated 5-6-08)

Buffer § 18.08.010.7

Land maintained in either a natural or landscaped state, used to minimize or eliminate the impacts of development on surrounding areas.

Building § 18.08.010.8

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

Building envelope § 18.08.010.9

The three-dimensional space on a lot within which construction of a structure is permitted according to the minimum yard requirements, maximum height requirements, and other dimensional regulations applicable to the lot. Building height . The vertical distance from the average grade at the outermost corners of the foundation to the top of the highest point of the roof or structure, excluding spires, chimneys, and flag poles. In a flood hazard area, building height shall be measured from the base flood elevation. If a building in a flood hazard area is designed with additional height, also known as freeboard, to mitigate the potential effects of flooding, up to five feet of that additional height shall be excluded from the building height calculation. (Ord. dated 12-19-94 (part); Ord. dated 11-19-13; Ord. dated 5-16-17; Ord. dated 11-20-18) Cannabis business . A cannabis cultivator, a cannabis product processor, a cannabis product manufacturer , or a cannabis testing laboratory licensed by the state of Rhode Island pursuant to title 21, chapter 28.11 of the general laws. (Ord. dated 9-19-23)

Cannabis retailer § 18.08.010.10

A business licensed by the state of Rhode Island to sell at retail medical cannabis products, recreational cannabis products, or both. (Ord. dated 9-19-23)

Carcinogenic § 18.21.030.2

A gas, liquid, or solid that is considered by the U.S. environmental protection agency or the R.I. department of environmental management to cause cancer or genetic mutation.

Common ownership § 18.08.010.12

Lots are in common ownership when title is held by identical persons or entities.

Community residence § 18.08.010.13

Defined in R.I. Gen. Laws § 45-24-31(16), as amended. Community residences are permitted in all zoning districts where residential use is permitted.

Comprehensive plan § 18.08.010.14

The comprehensive community plan adopted and approved pursuant to R.I. Gen. Laws title 45, ch. 22.2.

Conservation development § 18.08.010.11

A type of land development that provides flexibility in the siting of structures and infrastructure in order to protect sensitive and important site features, conserve open space, and reduce the environmental impact of development. (Ord. dated 9-2-03 (part); ord. dated 11-19-13; Ord. dated 5-21-24)

Corner lot § 18.08.010.30

A lot with frontage on two substantially perpendicular streets. See Fig. 1-C.

Corrosive § 18.21.030.5

An acid or alkaline material that will cause severe damage to human tissue or is capable of destroying containers of hazardous material and causing the release of their contents. Wellhead protection area. The critical portion of a three-dimensional zone surrounding a public well or wellfield through which water will move toward and reach the well or wellfield. Zone of saturation. The subsurface zone in which all open spaces are filled with water. (Ord. dated 7-18-23)

Day care § 18.08.010.15

Day care center. A day care center that is not a family day care home as defined in this Chapter. If the day care center is operated by a business for its employees and is located in the same building or on the same parcel as the business, the use shall be considered an accessory use to the business. (Ord. dated 12-19-94 (part); Ord. dated 5-4-04 (part))

Day care § 18.08.010.16

Family day care home. A home or residence other than the home or residence of the individuals receiving day care in lieu of family care or supervision, in which the supervision is offered at the same time to six or fewer individuals who are not relatives of the care giver, provided that the home or residence may contain no more than a total of eight individuals receiving day care. (Ord. dated 12-19-94 (part); Ord. dated 5-4-04 (part)) Density, residential. The number of dwelling units per unit of land.

Development § 18.08.010.17

The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance; any change in use, or alteration or extension of the use, of land. Development plan review . Development plan review is review and approval by the administrative officer, the technical review committee, or the planning board of a site plan. The purpose of the review is to ensure that the site complies with the design and performance standards in the land development and subdivision regulations.

Domestic livestock § 18.08.010.18

Cattle, cows, sheep, horses, ponies, mules, asses, burros, donkeys, goats, llamas, alpacas, rabbits, chickens, roosters, turkeys, ducks, geese, guinea fowl, pea fowl, peacocks, ostriches, and emus. (Ord. dated 7-15-97(part); Ord. dated 11-19-13)

Dwelling unit § 18.08.010.19

A structure or portion thereof providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation, and containing a separate means of ingress and egress.

Equestrian academy § 18.08.010.20

A facility that provides daily care to more than three horses, mules, asses, burros, donkeys and where one or more of the following activities take place: riding instruction; hiring of horses for riding; training of horses; and equestrian shows, exhibits, or competitions to which the public may be admitted. Equestrian boarding or breeding facility. A facility where horses and other equines are boarded or bred that provides daily care to more than three horses, mules, asses, burros, or donkeys.

Explosive § 18.21.030.3

A reactive gas, liquid or solid that will react uncontrollably if exposed to heat, shock, pressure or any combinations thereof.

Extractive industry § 18.08.010.21

The extraction of minerals, including: solids, such as coal and ores, and sand and gravel; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes quarrying; well operation for oil or gas extraction; milling, such as crushing, screening, washing and flotation; and other preparation customarily done at the extraction site or as a part of the extractive activity. Family member . A person, or persons, related by blood, marriage, or other legal means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household.

Farm lot § 18.08.010.22

A type of lot in a conservation development or residential compound in the agricultural overlay district. The lot is intended for residential use and also for farming or forestry use because of its size and its prime agricultural soils . There are two types of farm lots:

Farm lots in conservation developments § 18.08.010.23

A farm lot in a conservation development is made up of some or all of the subdivision's required open space. One acre of the lot is reserved for the principal residential structure. If there is more than one farm lot in a conservation development, one must be at least 25 acres.

Farm lots in residential compounds § 18.08.010.24

All lots in a residential compound are farm lots of at least eleven (11) acres. (Ord. dated 9-7-10; Ord. dated 11-19-13)

Farmers’ market § 18.08.010.25

A temporary, seasonal market at which individual vendors may offer locally-grown produce, agricultural products and home-baked goods from open-air or semi-enclosed temporary stalls, stands or structures. Farmers’ markets are typically conducted regularly at the same location on the same day or days of the week. Flood hazard area. An area subject to flooding from a storm having a one percent (1%) chance of being equaled or exceeded in any given year. Flood hazard areas are delineated on the FEMA flood hazard map that is incorporated into the zoning map. (Ord. dated 12-19-94 (part); Ord. dated 9-7-10; Ord. dated 11-19-13) Ground floor area. The area of the ground floor of a building or a portion of a building in square feet, measured from the exterior faces of exterior walls or from the center line of common walls. (Ord. dated 9-7-10; Ord. dated 11-3-15)

Figure 1 § 18.08.010.41

Front lot line § 18.08.010.40

The lot line separating a lot from a street right-of-way. On an interior lot, the lot line abutting a street. On a developed corner lot, the front lot line is the lot line currently used for that purpose. On an undeveloped corner lot, the front lot line is the lot line chosen by the property owner when initial development begins. On a through lot, the lot line abutting the street providing the primary access to the lot. See Figs. 1-B, 1-D, 1-F.

Groundwater § 18.08.010.26

Water found underground that completely fills the open spaces between particles of sand, gravel, clay, silt, and consolidated rock fractures. Gross floor area. The sum of the horizontal area of all floors of a building, excluding unoccupied basements or attics, measured from the exterior faces of exterior walls or from the center line of a common wall separating two buildings or units within a building. (Ord. dated 9-7-10; Ord. dated 1-2-18)

Household § 18.08.010.27

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. A family may include servants or other employees, and may be a group of persons unrelated by blood. The terms “household unit” and “dwelling unit” are synonymous when determining the number of units allowed within any structure on any lot in a zoning district.

Ignitable § 18.21.030.1

A gas, liquid or solid that may cause fire through friction or absorption of moisture, or a gas, liquid or solid that has a low flash point.

Infrastructure § 18.08.010.28

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

Interior lot § 18.08.010.31

A lot with frontage on one street. See Fig. 1-C.

Junk § 18.08.010.29

The term "junk" includes, but is not limited to: old or scrap copper, brass, rope, rags, paper, trash, rubber debris, waste or junked, dismantled or wrecked automobiles, or parts thereof, iron steel, and other old or scrap ferrous or nonferrous material. Land development project. A project in which one or more lots, tracts, or parcels of land are developed or redeveloped as a coordinated site for a complex of uses or structures. Land development projects include, but are not limited to, conservation and planned district developments. (Ord. dated 12-19-94 (part); Ord. dated 9-2-03 (part); Ord. dated 11-19-13; Ord. dated 5-21-24) Large-scale retail development. A retail structure or group of structures with a gross floor area of more than 50,000 sq. ft. where pharmaceuticals, health and beauty aids, furniture, appliances, or other household merchandise, clothing, or other consumer goods are sold, and that may also include office space, movie theaters, or indoor recreational uses, but shall not include supermarkets. (Ord. dated 9-7-10) Lot . The basic development unit for determining the area, depth and other dimensional regulations of a parcel of land; or a parcel of land whose boundaries have been established by a legal instrument such as a recorded deed or recorded map and is recognized as a separate legal entity for purposes of transfer of title.

Lot area § 18.08.010.36

The total area within the boundaries of a lot, usually reported in acres or square feet. (Ord. dated 12-19-94(part); Ord. dated 11-19-13) Lot building coverage. The percentage of the total area of a lot that is or may be covered by buildings. (Ord. dated 12-19-94(part); Ord. dated 11-19-13; Ord. dated 5-16-17)

Lot depth § 18.08.010.37

The distance measured from the front lot line to the rear lot line. For lots where the front and rear lot lines are not parallel, the lot depth is an average of the depth. (Ord. dated 12-19-94(part); Ord. dated 11-19-13)

Lot front yard § 18.08.010.33

The area between the front lot line and the nearest principal building, extending the full width of the lot . See Fig. 1-E.

Lot frontage § 18.08.010.38

That portion of a lot abutting a street. Lot frontage must be contiguous frontage to meet minimum frontage requirements. See Fig. 1-C. (Ord. dated 12-19-94(part); Ord. dated 5-16-17)

Lot line § 18.08.010.39

A line of record, bounding a lot, that divides a lot from another lot or from a street. Lot lines include:

Lot rear yard § 18.08.010.34

The area between the rear lot line and the nearest principal building, extending the full width of the lot. See Fig. 1-E.

Lot side yard § 18.08.010.35

The area between a side lot line and the principal building, extending the full depth of the principal building. See Fig. 1-E. (Ord. dated 12-19-94(part); Ord. dated 11-19-13; Ord. dated 5-16-17; Ord. dated 1-2-18)

Lot width § 18.08.010.44

The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum front setback line. See Fig. 1-A. (Ord. dated 12-19-94 (part); Ord. dated 11-19-13; Ord. dated 5-16-17) Low or moderate-income housing. Housing subsidized by a federal, state, or municipal government subsidy, that is affordable to low- or moderate-income households, as defined in R.I. Gen. Laws § 42-128-8.1(d)(1) , and will remain affordable through a land lease or deed restriction for at least thirty (30) years from initial occupancy. Also called affordable housing. (Ord. dated 5-6-08; Ord. dated 5-21-24)

Manufactured home § 18.08.010.45

A structure built after 1976 that is designed or used for year-round residential occupancy built upon or having a frame or chassis to which wheels may be attached by which it may be moved on a highway, whether or not such structure actually has, at any given time, had such wheels attached, or is jacked up or skirted, and attached to a permanent slab foundation. A manufactured home is considered a detached single-family structure for the purposes of application and enforcement of this Title. Minimum lot area. The smallest contiguous area permitted for a buildable lot. Freshwater wetlands and regulatory wetland buffers abutting surface water bodies that provide public drinking water, flood hazard areas, easements for above-ground utilities, and land with ledge or rock outcrops within four feet of the surface area may be included in any lot but shall not make up any part of the minimum lot area. Land shall not be excluded from minimum lot area because of its natural gradient. (Ord. dated 11-19-13; Ord. dated 5-16-17)

Mixed use § 18.08.010.46

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

Mobile home § 18.08.010.47

A structure built before 1976 that is designed or used for year-round residential occupancy built upon or having a frame or chassis to which wheels may be attached by which it may be moved on a highway, whether or not such structure actually has, at any given time had such wheels attached, or is jacked up or skirted, and attached to a permanent slab foundation. Mobile home park . Privately owned land upon which two or more mobile homes occupied for permanent residential use are located.

Modification § 18.08.010.48

Dimensional relief issued by the zoning enforcement officer rather than by the zoning board of review. The zoning enforcement officer may issue only the relief specified in Ch. 18.59 of this Title. Multi-family building . A building that contains three or more principal dwelling units. Municipal government subsidy . Assistance the Town provides for construction or rehabilitation of low and moderate income housing to encourage the creation of that housing and to mitigate the cost of the development. Municipal subsidies include, but are not limited to, density increases or adjustments to the requirements of the zoning ordinance or subdivision and land development regulations; payments to not-for-profit developers from the Town's restricted account containing fees in lieu of construction; waiver of fees, including stenographic fees; or property tax reduction for low or moderate income housing pursuant to a Town ordinance. (Ord. dated 5-6-08; Ord. dated 5-21-24)

Nonconformance § 18.08.010.49

A structure, parcel of land, or use that lawfully existed at the time a zoning ordinance was adopted or amended but does not conform to the provisions of the ordinance. There are two types of nonconformance: A. A lawfully established use of land that is not permitted in the zoning district is nonconforming by use. A building or structure containing more dwelling units than are permitted by the use regulations of the zoning ordinance is nonconforming by use. B. A lawfully-built structure or lawfully-created lot that does not comply with the dimensional regulations of this title is nonconforming by dimension. Dimensional regulations include all regulations other than use requirements. A structure that contains a number of dwelling units permitted by the use regulations of this title, but does not satisfy the ordinance’s density regulations is nonconforming by dimension.

Overlay district § 18.08.010.50

A zoning district superimposed over one or more other zoning districts, or parts of districts, that imposes requirements that are more or less restrictive than those of the underlying district.

Owner § 18.08.010.51

Any person or other legal entity who alone, or jointly, or severally with others: (a) has a legal title to any premises, or (b) has control of any premises as agent, executor, executrix, administrator, administrator trustee, guardian of the estate of the holder of a legal title, or the holder of equitable title.

Performance standards § 18.08.010.52

Criteria or limits that a particular use or process either must meet or may not exceed.

Permitted use § 18.08.010.53

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

Planned development § 18.08.010.54

A land development project that is developed as a single entity and contains one or more structures or uses with appurtenant common areas. Planned district development. A development characterized by a unified site design for clustered buildings, common open space, and a mixture of building types and land uses.

Preapplication conference § 18.08.010.55

The planning board’s informal review of a proposed development that takes place before formal submission of an application. Prime agricultural soils. Soils identified in maps and other data prepared by the natural resources conservation service, U.S. department of agriculture, or its successor agency, as prime agricultural soils. (Ord. dated 9-7-10)

R.I. Gen § 18.08.010.64

Laws §§ 42-128-8.1, 45-22.2-3, 45-24-31, 45-24-32(2), 45-24-35, 45-24-37, 45-53-3, 46-13.1-3.

Rear lot line § 18.08.010.42

The lot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, an assumed line at least ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. If the front lot line is a curved line, then the rear lot line shall be assumed to be a line not less than ten feet long, lying within the lot and parallel to a line tangent to the front property line at its midpoint. See Figs. 1-B, 1-D, 1-F.

Redevelopment § 18.08.010.56

Any significant change to an existing development or an existing non-residential use, including but not limited to demolition of a structure, expansion of a structure’s footprint by more than 50 percent, construction of a new structure, or change in the use of a building or land.

REFERENCES § 18.08.010.63

Sale of food for consumption on the premises is prohibited § 18.47.020.1

Side lot line § 18.08.010.43

Any lot line other than a front or rear lot line. On a corner lot, a side lot line is along the street lot line other than the front lot line. See Fig. 1-E. (Ord. dated 12-19-94 (part); Ord. dated 11-19-13; Ord. dated 5-16-17; Ord. dated 1-2-18) Lot setback line. A line that delineates the minimum distance required between a front lot line, side lot line, or rear lot line and a building.

Site plan § 18.08.010.57

A development plan for one or more lots that shows existing and proposed conditions and improvements. (Ord. dated 12-19-94 (part); Ord. dated 11-19-13; Ord. dated 5-16-17) Special use permit. Permission to establish a use that is conditionally permitted in the zoning district if all of the requirements in this Title that apply to it are satisfied.

Structure § 18.08.010.58

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. A lawfully-created lot that does not comply with the dimensional regulations of this title.

Supermarket § 18.08.010.59

A retail establishment primarily devoted to the sale of food that may also sell household goods and convenience items. (Ord. dated 9-7-10; Ord. dated 11-19-13)

Through lot § 18.08.010.32

A lot other than a corner lot that fronts on two substantially parallel streets, or fronts on two streets that do not intersect at the boundaries of the lot. See Fig. 1-C.

Toxic § 18.21.030.4

A gas, liquid, or solid that endangers the life or health of any living thing coming into contact with it through a single exposure or repeated exposure.

Variance § 18.08.010.60

Permission to depart from the literal requirements of this Title, including authorization to construct or maintain a building or use that is prohibited by this Title. There are two types of variance : A. A use variance is permission to depart from the use requirements of this Title when property or a structure cannot yield any beneficial use if it is made to conform to the ordinance. B. A dimensional variance is permission to depart from the dimensional regulations in this Title. (Ord. dated 12-19-94 (part); Ord. dated 10-21-03 (part); Ord. dated 11-19-13; Ord. dated 5-21-24) Wetland, freshwater. “Freshwater wetland” is as defined in R.I. Gen. Laws § 2-1-20.

Zoning certificate § 18.08.010.61

A written, signed determination by the zoning enforcement officer that a use, structure or lot complies with this Title, is legally nonconforming, or has been authorized by variance or modification.

Zoning map § 18.08.010.62

The map that delineates the zoning districts and overlay districts in this Title. The zoning map is part of the zoning ordinance.