Definitions — Town of Smithfield

Abutter § I-D.1

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

Abutter § I-D.1

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

Accessory Dwelling Unit (ADU) § 2.2.1

sidential 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.

Accessory Use of Structure § 2.2.2

e or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. An accessory use shall not include the storage of flammable, toxic, hazardous or explosive materials. Such accessory use shall not be permitted without the principal use to which it is related.

Adaptive reuse § 2.2.3

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.

Administrative Officer § I-D.2

The administration and enforcement of these Regulations shall be under the direction of the Administrative Officer. The Officer shall be responsible for the coordination of local boards and commissions, municipal staff, and state agencies as well as the enforcement efforts of the Zoning Enforcement Officer, the Building Official, the Planning Department staff, the Town Engineer, the Department of Public Works, and any other local officials responsible for the enforcement of discrete elements of these Regulations. The Administrative Officer shall be designated by the Planning Board in accordance with the provisions of Section IX, Article A of these Regulations and by statute may be a member of, or the Chair, of the Planning Board, or an appointed official of the Town pursuant to Section 45-23-55 of the General Laws of Rhode Island (1956 as amended).

Administrative Officer § I-D.2

The administration and enforcement of these Regulations shall be under the direction of the Administrative Officer. The Officer shall be responsible for the coordination of local boards and commissions, municipal staff, and state agencies as well as the enforcement efforts of the Zoning Enforcement Officer, the Building Official, the Planning Department staff, the Town Engineer, the Department of Public Works, and any other local officials responsible for the enforcement of discrete elements of these Regulations. The Administrative Officer shall be designated by the Planning Board in accordance with the provisions of Section IX, Article A of these Regulations and by statute may be a member of, or the Chair, of the Planning Board, or an appointed official of the Town pursuant to Section 45-23-55 of the General Laws of Rhode Island (1956 as amended).

Administrative Subdivision § I-D.3

Re-subdivision of existing lots which yields no additional lots for development, and involves no creation or extension of streets. Such re-subdivision shall only involve divisions, mergers, mergers and division, or adjustments of boundaries of existing lots.

Administrative Subdivision § I-D.3

Re-subdivision of existing lots which yields no additional lots for development, and involves no creation or extension of streets. Such re-subdivision shall only involve divisions, mergers, mergers and division, or adjustments of boundaries of existing lots.

Adult Entertainment § 2.2.4

A. Any commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. This shall also include any commercial establishment which regularly features persons who appear in a state of nudity or semi-nude, or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities. B. Any bookstore, novelty store, video store, or any commercial establishment in which 25 percent of the in-store inventory contains, for sale or rental only, for any form of consideration, any books, magazines, periodicals, or other printed material, or photographs, films, motions pictures, video reproductions, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. C. Any store or commercial establishment in which the in-store inventory contains for sale or rental any instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities. D. “Specified anatomical areas” means any of the following: 1. The human males genitals in a discernibly turgid state, even if completely and opaquely covered; or 2. Less than completely and opaquely covered human genitals, pubic regions, buttocks, or a female breast below a point immediately above the areola. E. “Specified sexual activities” means any of the following: 1. The fondling or other erotic touching of human genitals, public region, buttocks, anus, or female breasts; or 2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy. F. An adult entertainment business may have other principal purposes that do not involve the activities or materials described above. However, such purposes shall not have the effect of preempting the commercial businesses from being categorized as adult entertainment so long as the depiction or description of specified sexual activities or specified anatomical areas remains one of the principal purposes.

Aggrieved Party § I-D.6

An aggrieved party, for purposes of these Regulations, shall be: a. Any person or persons or entity or entities who can demonstrate that their property will be injured by a decision of any Officer or agency responsible for administering the Land Development and Subdivision Regulations of the of the Town of Smithfield; or b. Anyone requiring notice pursuant to these Regulations.

Aggrieved Party § I-D.6

An aggrieved party, for purposes of these Regulations, shall be: a. Any person or persons or entity or entities who can demonstrate that their property will be injured by a decision of any Officer or agency responsible for administering the Land Development and Subdivision Regulations of the of the Town of Smithfield; or b. Anyone requiring notice pursuant to these Regulations.

Aggrieved Party § 2.2.5

An aggrieved party, for purposes of this Ordinance shall be (a) Any person or persons or entity or entities who can demonstrate that their property will be injured by a decision of any officer or agency responsible for administering this Ordinance; or (b) Anyone requiring notice pursuant to this Ordinance.

Agricultural Land § I-D.7

Land suitable for agriculture by reason of suitability of soil or other natural characteristics or past use for agricultural purposes. Agricultural land includes that defined as prime farm land or additional farm land of statewide importance for Rhode Island by the Natural Resources Conservation Service (formerly Soil Conservation Service) of the United States Department of

Agricultural Land § I-D.7

Land suitable for agriculture by reason of suitability of soil or other natural characteristics or past use for agricultural purposes. Agricultural land includes that defined as prime farm land or additional farm land of statewide importance for Rhode Island by the Natural Resources Conservation Service (formerly Soil Conservation Service) of the United States Department of Agriculture.

Agriculture § I-D.8

Alter, Alterations § 2.2.6

Any change involving the structural frame of a building or the use of a building or lot.

Alteration, Exterior § 2.2.7

An action that changes one (1) 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.

Animal Kennel § 2.2.8

Facilities for keeping three (3) or more animals three (3) months old or older on a single premises, whether maintained for breeding, boarding, sale, training, hunting, or other purposes, and including any shop where animals are customarily kept for sale.

Applicant § I-D.4

An owner or authorized agent of the owner submitting an Application for a development proposal to the Town.

Applicant § I-D.4

An owner or authorized agent of the owner submitting an Application for a development proposal to the Town.

Applicant § 2.2.9

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

Application § I-D.5

The complete form or forms and all accompanying plans, documents, and fees required of an applicant by an approving authority, for development review or approval purposes. Land Development and Subdivision Review Regulations Town of Smithfield, RI

Application § I-D.5

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

Application § 2.2.10

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 purpose.

Appurtenances § 2.2.11

Features other than primary or secondary 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.

Aquifer § I-D.9

A body of rock or soil that contains sufficient saturated, permeable material to conduct groundwater and to yield economically significant quantities of groundwater to wells and springs.

Aquifer § I-D.8

A body of rock or soil that contains sufficient saturated, permeable material to conduct groundwater and to yield economically significant quantities of groundwater to wells and springs.

Aquifer. Confined § I-D.10

An aquifer bound above and below by beds of material distinctly less permeable than the aquifer itself.

Aquifer. Confined § I-D.9

An aquifer bound above and below by beds of material distinctly less permeable than the aquifer itself.

Aquifer. Unconfined § I-D.11

An aquifer possessing a water table.

Aquifer. Unconfined § I-D.10

An aquifer possessing a water table.

Arterial Street/Highway. See “Street Classification - Arterial" § I-D.12

Arterial Street/Highway. See “Street Classification - Arterial" § I-D.11

As-Built Drawings § I-D.13

Drawings specifying the dimensions, location, and specifications of all roadways, utilities, services, curb cuts, telephone poles, guys, structures and facilities as they have been constructed and any deviation from the final approved plans. As-Built drawings shall be superimposed on a reproducible copy (i.e. mylar or paper sepia) of the final approved plan.

As-Built Drawings § I-D.12

Drawings specifying the dimensions, location, and specifications of all roadways, utilities, services, curb cuts, telephone poles, guys, structures and facilities as they have been constructed and any deviation from the final approved plans. As-Built drawings shall be superimposed on a reproducible copy (i.e. mylar or paper sepia) of the final approved plan.

Auto Body Shop § 2.2.12

A building or portion of a building in which major repairs are performed on automobile, truck or motorcycle bodies or chassis, including body repair, painting or priming.

Automotive Filling Station § 2.2.13

Building and premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied or dispensed at retail, and where in addition, the following services may be rendered and sales made, and no other. A. Sale and servicing of spark plugs, batteries, and distributors and distributor parts; B. Tire servicing and repair, but not recapping or regrooving; C. Replacement of mufflers and tail pipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, window wipers and wiper blades, grease retainers, wheel bearings, mirrors, and the like; D. Radiator cleaning and flushing; E. Greasing and lubrication; F. Providing and repairing fuel pumps, oil pumps, and lines; G. Minor servicing and repairing of carburetors; H. Emergency wiring repairs; I. Adjusting and repairing brakes; J. Minor motor adjustments not involving removal of the head or crankcase or racing the motor; K. Provision of road maps and other informational material to customers; L. Provision of restroom facilities. Uses permissible at a filling station do not include major mechanical or any body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes or smoke. An automotive filling station is not a repair garage nor an auto body shop.

Basement § 2.2.14

A portion of a building partly or completely below the average grade plane of the adjoining land.

Bed and Breakfast Home § 2.2.15

An owner-occupied single-family house where lodging rooms (guest rooms) are provided to transients, with or without meals provided for compensation, not to include more than five (5) lodging rooms.

Bed and Breakfast Use § 2.2.16

A portion of an owner-occupied single-family house dedicated solely to the Bed and Breakfast Home operation, including but not limited to, lodging rooms (guest rooms), bathrooms, and common areas.

Bedroom § 2.2.17

A habitable room other than a kitchen or living room which is intended for, or has a potential for, sleeping purposes.

Billboard § 2.2.18

A sign advertising products, services, facilities, events or attractions not made, sold, used, served or available on the premises displaying such sign. (See also "Sign, Off-premises").

Block Frontage § 2.2.19

All the property fronting on one side of a street between intersecting or intercepting streets or between a street and right-of-way, waterway, end of dead-end street or Town boundary measured along the street line.

Board § 2.2.20

The Zoning Board of Review of the Town of Smithfield, Rhode Island.

Board of Appeal. The Smithfield Zoning Board of Review § I-D.14

Board of Appeal. The Smithfield Zoning Board of Review § I-D.13

Boarding House § 2.2.21

See “Lodging House”.

Bond. See “Improvement Guarantee" § I-D.15

Bond. See “Improvement Guarantee" § I-D.14

Buffer § I-D.16

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 § I-D.15

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 § 2.2.22

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.

Buildable Land § 2.2.23

Land not defined as Land Unsuitable for Development. Also referred to a Land Suitable for Development.

Buildable Lot § I-D.17

A lot where construction for the use(s) permitted on the site under the Smithfield Zoning Ordinance is considered practicable by the Planning Board, considering the physical constraints to development of the site as well as the requirements of the pertinent state and local regulations. 17. Certification of Completeness. A notice issued by the Administrative Officer informing an Applicant that the application is complete and meets the requirements of the municipality’s regulations and that the Applicant may proceed with the approval process.

Buildable Lot § I-D.16

A lot where construction for the use(s) permitted on the site under the Smithfield Zoning Ordinance is considered practicable by the Planning Board, considering the physical constraints to development of the site as well as the requirements of the pertinent state and local regulations. 17. Certification of Completeness. A notice issued by the Administrative Officer informing an Applicant that the application is complete and meets the requirements of the municipality’s regulations and that the Applicant may proceed with the approval process.

Buildable Lot Area § 2.2.24

See §5.3.1, “Dimensional Regulations, Calculation of Minimum Contiguous Buildable Lot Area.

Building § 2.2.25

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

Building Coverage § 2.2.27

The percentage of area of a lot which is occupied by the physical limits of a building or buildings; including decks, porches, carports and other attached structures, but not including roof overhangs.

Building Envelope § 2.2.31

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, bulk or other regulations, and/or any combination thereof.

Building Frontage § 2.2.32

The width of a building abutting or parallel to the street line.

Building Height § 2.2.33

The vertical distance measured from the grade plane to the highest point of the roof structure.

Building, Accessory § 2.2.26

A subordinate building that is located on the same lot as a principal building and that is used incidentally to a principal building or that houses an accessory use. Where a substantial part of the wall of an accessory building is part of the wall of the principal building or where an accessory building is attached to the principal building in a substantial manner as by a roof, such accessory building shall be counted as part of the principal building.

Building, Detached § 2.2.28

A building having no party wall in common with another building.

Building, Principal § 2.2.29

The primary building on a lot or a building that houses a principal use.

Building, Semi-Detached § 2.2.30

A building having one party wall in common with an adjoining building.

Cemetery § 2.2.34

Land used for the burial of the dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.

Club § 2.2.35

A building or portion thereof or an area used to meet the social and recreational needs of a nonprofit group or organization to which membership is limited or controlled.

Common Ownership § 2.2.36

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

Community Center § 2.2.37

A building or group of buildings whose sole purpose is to house a non-profit service, fraternal, or sectarian organization including administrative offices, child and elderly programs, recreation and assembly.

Community Residence § 2.2.38

A home or residential facility where children and/or adults reside in a family setting and may or may not receive supervised care. This shall not include halfway houses or substance abuse treatment facilities. This shall include, but not be limited to the following: A. Whenever six (6) or fewer mentally handicapped children or adults reside in any type of residence in the community, as licensed by the state pursuant to Rhode Island General Laws §40.1-24-1-1 et. seq. B. A group home providing care or supervision, or both, to not more than eight (8) mentally disabled or mentally handicapped or physically handicapped persons, and licensed by the state pursuant to Rhode Island General Laws §40.1-24-1-1 et. seq. C. A residence for children providing care or supervision, or both, to not more than eight (8) children including those of the care giver and licensed by the state pursuant to Rhode Island General Laws §42-72.1-1 et. seq. D. A community transitional residence providing care or assistance, or both, to no more than six (6) unrelated persons or no more than three (3) families not to exceed a total of eight (8) persons requiring temporary financial assistance and/or to persons who are victims of crimes, abuse or neglect, and who are expected to reside in such residence not less than sixty (60) days nor more than two (2) 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 § I-D.18

The Comprehensive Plan adopted by the Town and approved pursuant to Chapter 22.2 -"Rhode Island Comprehensive Planning and Land Use Regulation Act” of the General Laws of the State of Rhode Island (1956 as amended) and to which any zoning, subdivision and/or land use regulation adopted pursuant to said Chapter shall be in compliance.

Comprehensive Plan § I-D.17

The Comprehensive Plan adopted by the Town and approved pursuant to Chapter 22.2 -"Rhode Island Comprehensive Planning and Land Use Regulation Act” of the General Laws of the State of Rhode Island (1956 as amended) and to which any zoning, subdivision and/or land use regulation adopted pursuant to said Chapter shall be in compliance.

Comprehensive Plan § 2.2.39

The Comprehensive Community Plan adopted by the Town.

Concept Plan § I-D.19

A drawing with accompanying information showing the basic elements of a proposed land development plan or subdivision as used for pre-application meetings and early discussions, and classification of the Project within the approval process. Land Development and Subdivision Review Regulations Town of Smithfield, RI

Concept Plan § I-D.18

A drawing with accompanying information showing the basic elements of a proposed land development plan or subdivision as used for pre-application meetings and early discussions, and classification of the Project within the approval process.

Conservation Development § I-D.20

A type of land development project which utilizes prescribed site planning techniques to conserve open land, protect site features and provide flexibility in the siting of structures, services and infrastructure. See Section X. 21. Consistency with the Comprehensive Plan. A requirement of all local land use regulations which means that all such regulations and subsequent actions shall be in accordance with the public policies arrived at through detailed study and analysis and adopted by the municipality as the Comprehensive Community Plan as specified in Section 45-22.2-3 of the General Laws of Rhode Island (1956 as amended).

Conservation Development § I-D.19

A type of land development project which utilizes prescribed site planning techniques to conserve open land, protect site features and provide flexibility in the siting of structures, services and infrastructure. See Section X. 21. Consistency with the Comprehensive Plan. A requirement of all local land use regulations which means that all such regulations and subsequent actions shall be in accordance with the public policies arrived at through detailed study and analysis and adopted by the municipality as the Comprehensive Community Plan as specified in Section 45-22.2-3 of the General Laws of Rhode Island (1956 as amended).

Conservation Development § 2.2.40

A type of land development project which allows a community to guide growth to the most appropriate areas within a parcel of land to avoid impacts to the environment and to protect the character-defining features of the property. See Smithfield Land Development and Subdivision Review Regulations.

Conventional Subdivision § I-D.21

A residential subdivision in which all land being subdivided is dedicated to either development lots or street right of way, with no common open space. Not a Conservation

Conventional Subdivision § I-D.20

A residential subdivision in which all land being subdivided is dedicated to either development lots or street right of way, with no common open space. Not a Conservation Development.

Conventional Yield Plan § I-D.23

A plan of a conventional subdivision or land development project (as opposed to a Conservation Development) that depicts the maximum number of single family building lots or dwelling units that could reasonably be built on a parcel of land under current zoning, taking into account physical constraints to development, such as wetlands, or other land unsuitable for development.

Conventional Yield Plan § I-D.21

A plan of a conventional subdivision or land development project (as opposed to a Conservation Development) that depicts the maximum number of single family building lots or dwelling units that could reasonably be built on a parcel of land under current zoning, taking into account physical constraints to development, such as wetlands, or other land unsuitable for development.

Conventional Yield Plan § 2.2.41

A plan of a conventional (as opposed to a Conservation) subdivision or land development project that depicts the maximum number of building lots or dwelling units for single family detached dwellings that could reasonably be built on a parcel of land under current zoning, taking into account physical constraints to development, such as wetlands, etc. See Smithfield Land Development and Subdivision Review Regulations.

Council § 2.2.42

The Town Council of the Town of Smithfield.

Cul-de-Sac § 2.2.43

Circular turnaround at the end of a dead-end street.

Cul-de-sac. See “Street – Cul-de-Sac" § I-D.24

Cul-de-sac. See “Street – Cul-de-Sac" § I-D.22

Day Care - Day Care Center § 2.2.44

Any other day care center which is not a family day care home.

Day Care - Family Day Care Home § 2.2.45

Any home other than the individual's home in which day care or supervision is offered at the same time to six (6) or less individuals who are not relatives of the care giver, but may not contain more than a total of eight (8) individuals receiving such care.

Dead-end Street § I-D.25

A street that is open only at one end; it mayor may not have a turn-around at the other end (see also “Street - Cul-de-Sac”).

Dead-end Street § I-D.23

A street that is open only at one end; it mayor may not have a turn-around at the other end (see also “Street - Cul-de-Sac”).

Dedication. Fee-In-Lieu-Of § I-D.26

Payments of cash which are authorized in the local regulations when requirements for mandatory dedication of land are not met because of physical conditions of the site or other reasons. The conditions under which such payments will be allowed and all formulas for calculating the amount shall be specified in advance in the local regulations. See Section 45-23-47 of the General Laws of Rhode Island (1956 as amended).

Dedication. Fee-In-Lieu-Of § I-D.24

Payments of cash which are authorized in the local regulations when requirements for mandatory dedication of land are not met because of physical conditions of the site or other reasons. The conditions under which such payments will be allowed and all formulas for calculating the amount shall be specified in advance in the local regulations. See Section 45-23-47 of the General Laws of Rhode Island (1956 as amended).

Demolition § 2.2.46

An act or process that destroys a structure or its appurtenances in part or in whole.

Density, Residential § 2.2.47

The number of households or dwelling units per unit of land.

Depth § I-D.27

Lot. See “Lot Depth”.

Depth § I-D.25

Lot. See “Lot Depth”.

Design Flood § I-D.28

The magnitude of flood used for design and operation of flood control structures or other protective measures. It shall be used to denote the magnitude of flood used in floodplain regulations.

Design Flood § I-D.26

The magnitude of flood used for design and operation of flood control structures or other protective measures. It shall be used to denote the magnitude of flood used in floodplain regulations.

Developer § I-D.29

The owner or owners, group of individuals, builder, real estate agent, or subdivider having a financial interest in the development, sale, or lease of a Subdivision or Land Development Project, in whole or in part.

Developer § I-D.27

The owner or owners, group of individuals, builder, real estate agent, or subdivider having a financial interest in the development, sale, or lease of a Subdivision or Land Development Project, in whole or in part.

Development § I-D.22

Development § I-D.30

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

Development § I-D.28

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

Development § 2.2.48

As defined by Rhode Island General Laws, §45-24-31 (1956 as amended).

Development Plan § I-D.71

Development Plan Review § 2.2.49

The process whereby the Planning Board is authorized to review the site plans, maps and other documentation of a development to determine the compliance with the stated purposes and standards of this Ordinance.

Development Regulation § I-D.31

Zoning, subdivision, land development plan, development plan review, historic district, official map, flood plain regulation, soil erosion control or any other governmental regulation of the use and development of land.

Development Regulation § I-D.29

Zoning, subdivision, land development plan, development plan review, historic district, official map, flood plain regulation, soil erosion control or any other governmental regulation of the use and development of land.

Discharge Area. Groundwater § I-D.33

An area in which subsurface water is released to the land surface.

Discharge Area. Groundwater § I-D.31

An area in which subsurface water is released to the land surface.

Discharge. Stream § I-D.32

Rate of flow of a stream as expressed as volume per unit of time.

Discharge. Stream § I-D.30

Rate of flow of a stream as expressed as volume per unit of time.

Distribution § 2.2.50

The movement of products, generally between storage and retail locations.

District § 2.2.51

See “Zoning Use District”.

Division of Land. A subdivision § I-D.34

Land Development and Subdivision Review Regulations Town of Smithfield, RI

Division of Land. A subdivision § I-D.32

Dormitory § 2.2.52

A building used as rooming units for a student body or religious order as an accessory use for a college, university, boarding school, orphanage, convent, monastery, or other similar institution. A dormitory (off-campus) is a non-owner occupied single-family home which has been granted a special use permit to allow the boarding of up to three (3) students and which conforms to the requirements of Zoning Ordinance Section 4.4.B.12.

Drainage System § I-D.35

The surface and subsurface system for the removal of water from the land, including both the natural elements of streams, marshes, swales, and ponds, whether of an intermittent or continuous nature, and the human-made elements which include drains, culverts, grading, ditches, channels, retention facilities, the storm sewer system, 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.

Drainage System § I-D.33

The surface and subsurface system for the removal of water from the land, including both the natural elements of streams, marshes, swales, and ponds, whether of an intermittent or continuous nature, and the human-made elements which include drains, culverts, grading, ditches, channels, retention facilities, the storm sewer system, 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.

Drainage System § 2.2.53

A system of the removal of water from land by drains, grading or other appropriate means. Such 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-In Service § 2.2.55

Restaurant, bank or other retail establishments providing food, drink, goods or services where the customers are either serviced in their automobiles, pick up such food, drink, goods or services by driving by a pass-out window, or where they step out of their automobile briefly to pick-up food, drink, goods or services.

Driveway § 2.2.54

That portion of a lot that consists of a travel lane used to access a parking area or garage and which is bounded on either side by an area that is not part of the parking area.

Dwelling Unit § 2.2.56

A structure or portion thereof providing complete, independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation and containing a separate means of ingress and egress. (See Household).

Dwelling, Multi-Family § 2.2.57

A building or portion thereof used for occupancy by three (3) or more households living independently of each other.

Dwelling, One-Household § 2.2.58

A building used exclusively for one household and containing only one dwelling unit.

Dwelling, Two-Family § 2.2.59

A building used exclusively for occupancy by two (2) households living independently of each other.

Easement § I-D.36

A grant for an indefinite time period of the right or use of land for a specific purpose or purposes.

Easement § I-D.34

A grant for an indefinite time period of the right or use of land for a specific purpose or purposes.

Environmental Constraints § I-D.37

Natural features, resources, or land characteristics that are sensitive to change and may require conservation measures or the application of special development techniques to prevent degradation of the site, or may require limited development, or in certain instances, may preclude development. See also “Physical Constraints to Development".

Environmental Constraints § I-D.35

Natural features, resources, or land characteristics that are sensitive to change and may require conservation measures or the application of special development techniques to prevent degradation of the site, or may require limited development, or in certain instances, may preclude development. See also “Physical Constraints to Development".

Established Grade § 2.2.60

The elevation of the street grade as fixed by the Town or the State of Rhode Island.

Family § 2.2.61

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

Farming, General § 2.2.62

The pursuit of those activities normally associated with the raising of a crop or the care of animals for agricultural purposes.

Fast Food Restaurant § 2.2.63

A commercial establishment where food or beverages are cooked, prepared or packaged and offered for sale inside or outside the structure by means of stand-up counter and/or drive-in service (including self-service) and primarily serves or dispenses such food or beverages in or with disposable containers and/or utensils and take away food is more than incidental.

Final Plan § I-D.38

The final stage of land development and subdivision review. See Section 45-23-43 of the General Laws of Rhode Island (1956 as amended).

Final Plan § I-D.36

The final stage of land development and subdivision review. See Section 45-23-43 of the General Laws of Rhode Island (1956 as amended).

Final Plat § I-D.39

The final drawing(s) of all or a portion of a subdivision to be recorded after approval by the Planning Board and any accompanying material as described in the Town’s regulations and/or required by the Planning Board.

Final Plat § I-D.37

The final drawing(s) of all or a portion of a subdivision to be recorded after approval by the Planning Board and any accompanying material as described in the Town’s regulations and/or required by the Planning Board.

Flood § I-D.40

A temporary rise in the level of water which results in the inundation of areas not ordinarily covered by water.

Flood § I-D.38

A temporary rise in the level of water which results in the inundation of areas not ordinarily covered by water.

Flood Frequency § I-D.42

A statistical expression pertaining to the average time periods of a flood equaling or exceeding a given magnitude. For example, a 100-Year Flood has a magnitude expected to be equaled or exceeded on the average of once every one hundred years; such a flood has a one percent (1 %) chance of being equaled or exceeded in any given year. Often used interchangeably with "recurrence interval".

Flood Frequency § I-D.40

A statistical expression pertaining to the average time periods of a flood equaling or exceeding a given magnitude. For example, a 100-Year Flood has a magnitude expected to be equaled or exceeded on the average of once every one hundred years; such a flood has a one percent (1 %) chance of being equaled or exceeded in any given year. Often used interchangeably with "recurrence interval".

Flood Plain § I-D.41

The low lands adjoining the channel of a river, stream, or water-course, lake, or other body of standing water, which have been or may be inundated by flood water. The channel of a stream or watercourse is part of the flood plain.

Flood Plain § I-D.39

The low lands adjoining the channel of a river, stream, or water-course, lake, or other body of standing water, which have been or may be inundated by flood water. The channel of a stream or watercourse is part of the flood plain.

Floodproofing § I-D.43

A combination of structural changes and adjustments to new or existing structures and facilities, their contents, and/or sites for the purpose of reducing or eliminating flood damages by protecting against structural failure, keeping water out, or reducing the effect of water entry.

Floodproofing § I-D.41

A combination of structural changes and adjustments to new or existing structures and facilities, their contents, and/or sites for the purpose of reducing or eliminating flood damages by protecting against structural failure, keeping water out, or reducing the effect of water entry.

Floodway § I-D.44

The channel of a watercourse and those portions of the adjoining flood plain required to provide for the passage of the selected flood (normally the 100-Year Flood) with an insignificant increase in the flood levels above that of natural conditions. As used in the National Flood Insurance Program, floodways must be large enough to pass the 100-Year Flood without causing an increase in elevation of more than a specified amount (one foot [1'] in most areas).

Floodway § I-D.42

The channel of a watercourse and those portions of the adjoining flood plain required to provide for the passage of the selected flood (normally the 100-Year Flood) with an insignificant increase in the flood levels above that of natural conditions. As used in the National Flood Insurance Program, floodways must be large enough to pass the 100-Year Flood without causing an increase in elevation of more than a specified amount (one foot [1'] in most areas).

Floor Area § 2.2.64

See “GFA” (Gross Floor Area).

Floor Area Ratio § 2.2.65

The GFA (Gross Floor Area) of any building or buildings on a lot, divided by the area of said lot.

Floor Area. Gross. See R.I. State Building Code § I-D.45

Floor Area. Gross. See R.I. State Building Code § I-D.43

Fresh Water Wetland § 2.2.66

As defined by Rhode Island General Laws, §2-1-20 (1956 as amended).

Fresh Water Wetlands § I-D.46

Land areas which include one or more of the following physical features: marshes, swamps, bogs, ponds, rivers, river and stream flood plains and banks, areas subject to flooding or storm flowage, emergent and submergent plant communities in any body of fresh water, including rivers and streams and that area of land within 50' (fifty feet) of the edge of any bog, marsh, swamp, or pond, or as otherwise defined by the Rhode Island Department of Environmental Management. Land Development and Subdivision Review Regulations Town of Smithfield, RI

Fresh Water Wetlands § I-D.44

Land areas which include one or more of the following physical features: marshes, swamps, bogs, ponds, rivers, river and stream flood plains and banks, areas subject to flooding or storm flowage, emergent and submergent plant communities in any body of fresh water, including rivers and streams and that area of land within 50' (fifty feet) of the edge of any bog, marsh, swamp, or pond, or as otherwise defined by the Rhode Island Department of Environmental Management.

Front Lot Line. See “Lot Line” § I-D.47

Front Lot Line. See “Lot Line” § I-D.45

Front Yard. See “Yard, Front” § I-D.48

Front Yard. See “Yard, Front” § I-D.46

Frontage § 2.2.67

That portion of a lot abutting a street and measured along the street line on which the lot fronts; or in the case of a corner lot, along either street line from the side or rear lot line to the point of intersection of the abutting street lines.

Frontage. See “Lot Frontage” § I-D.49

Frontage. See “Lot Frontage” § I-D.47

Garage, Parking § 2.2.68

Any building, except those herein defined as a private garage, used for parking of vehicles. Such buildings may include stores and other commercial establishments; providing they conform to all regulations of the zone in which they are located.

Garage, Private § 2.2.69

A detached accessory building or portion of a principal building used for storage of vehicles, and provided that, if more than two vehicles are stored therein, the capacity does not exceed one vehicle for each 2,500 square feet of lot area.

GFA (Gross Floor Area) § 2.2.70

The sum of the gross horizontal area of the several floors of a building measured from the exterior face of exterior walls, but not including interior parking spaces, loading spaces for motor vehicles, or any space where the floor to ceiling height is less than seven (7) feet.

Governing Body § I-D.50

The Town Council of the Town of Smithfield who has the power to adopt ordinances, accept public dedications, release public improvement guarantees, and collect fees.

Governing Body § I-D.48

The Town Council of the Town of Smithfield who has the power to adopt ordinances, accept public dedications, release public improvement guarantees, and collect fees.

Grade § 2.2.71

The finished ground level adjoining a structure at all exterior walls. In this Ordinance, except where explicitly set forth to the contrary, the "Grade Plane" and NOT the "Grade" shall be used to measure the height of a structure.

Grade Plane § 2.2.72

A reference plane representing the average finished ground level adjoining a structure at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest point within the area between the structure and the lot line or, when the lot line is more than six (6) feet from the structure, between the structure and a point six (6) feet from the structure.

Group Quarters § 2.2.73

A dwelling unit in which individuals requiring supervision are provided living, sleeping, cooking, eating and sanitation facilities.

Halfway House § 2.2.74

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.

Height of Building § 2.2.75

See “Building Height”.

Home Occupation § 2.2.76

Recognized professions or other occupations, but excluding manicurists, hairdressers, beauticians and cosmetologists, carried out for gain by a resident which is conducted as an accessory use in the resident's dwelling unit.

Hospital § 2.2.77

An institution licensed by the State of Rhode Island to provide primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.

Hospital, Animal or Veterinary Facility § 2.2.78

Commercial medical facilities for keeping animals to be treated, in treatment or recovering from treatment, in accord with normal veterinary practice as established by the Rhode Island Department of Health.

Hotel or Motel § 2.2.79

A building or portion thereof where temporary lodging is supplied and where additional services such as restaurants, meeting rooms and recreational facilities may be provided.

Household § 2.2.80

One (1) or more persons living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit. The term household unit shall be synonymous with the term dwelling unit for determining the number of such units allowed within any structure on any lot in a zoning district. Any individual household shall consist of any one (1) of the following: (a) A family, which may also include servants and employees living with the family or, (b) a person or group of not more than three (3) unrelated persons living together.

Hydrologic Cycle § I-D.51

The cycle of the movement of water from the atmosphere by precipitation to the earth and its return to the atmosphere by interception or evaporation.

Hydrologic Cycle § I-D.49

The cycle of the movement of water from the atmosphere by precipitation to the earth and its return to the atmosphere by interception or evaporation.

Hydrology § I-D.52

The properties of water, including circulation or distribution, on or below the ground.

Hydrology § I-D.50

The properties of water, including circulation or distribution, on or below the ground.

Improvement § I-D.53

Any natural or built item which becomes part of, is placed upon, or is affixed to, real estate.

Improvement § I-D.51

Any natural or built item which becomes part of, is placed upon, or is affixed to, real estate.

Improvement Guarantee § I-D.54

A security instrument accepted by a municipality to ensure that all improvements, facilities, or work required by the land development and subdivision regulations, or required by the municipality as a condition of approval, will be completed in compliance with the approved plans and specifications of a development. See Section 45-23-46 of the General Laws of Rhode Island (1956 as amended).

Improvement Guarantee § I-D.52

A security instrument accepted by a municipality to ensure that all improvements, facilities, or work required by the land development and subdivision regulations, or required by the municipality as a condition of approval, will be completed in compliance with the approved plans and specifications of a development. See Section 45-23-46 of the General Laws of Rhode Island (1956 as amended).

Industrial § 2.2.81

A. General Industrial - A use engaged in the basic processing and manufacturing, predominantly from extracted or raw materials, of non-hazardous finished and/or unfinished products or parts, including processing, compounding, fabrication, stamping, assembly, treatment, packaging, incidental storage, research and development, sales, and distribution of such products. See Article 4, J-4 of this Ordinance for further details. B. Light Industrial - A use engaged in the manufacture, predominantly from previously prepared materials, of non-hazardous finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, research and development, sales, and distribution of such products, but excluding basic industrial processing. See Article 4, J-3 of this Ordinance for further details. C. Planned Industrial - A planned, coordinated development of a tract of land with two or more separate industrial buildings as an environment for a variety of industrial and related activities. Such a site is planned, designed, constructed, and managed on an integrated and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs, building design and orientation, and open space. The project is developed or controlled by one proprietary interest and has an enforceable master plan and/or covenants, conditions, and restrictions. The development may be on one parcel, may be subsidized, may have condominium ownerships, or a combination of these types.

Industrial Park § 2.2.82

An area planned for occupancy for more than one (1) industrial establishment with shared 83. Infrastructure Facilities and services needed to sustain residential, commercial, industrial, institutional, and other activities.

Junk Yard § 2.2.83

An open area where waste, used or second hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to scrap iron and other metals, paper rags, rubber tires, and bottles. The term junk yard shall not include uses established entirely within enclosed buildings.

Junk Yard, Motor Vehicle § 2.2.84

The term "Motor Vehicle Junk Yard" as used herein shall include any business and any place of storage or deposit, whether in connection with another business or not, which has stored or deposited two (2) or more unregistered vehicles which are no longer operable or in condition for legal use on the public highways, or used parts of motor vehicles or old iron, metal, glass, paper, cordage or other waste or discarded or secondhand material which has been a part or intended to be a part of any motor vehicle, the sum of which parts or material shall be equal in bulk to two (2) or more motor vehicles. Motor Vehicle Junk Yard shall also include any place or business or storage or deposit of motor vehicles purchased for the purpose of dismantling the vehicles for part[s] or for use of the metal for scrap or where it is intended to burn material which are parts of a motor vehicle or cut up the parts thereof.

Kennel, Animal § 2.2.85

See “Animal Kennel”.

Kindergarten § 2.2.86

A school or class of young children, usually from four (4) to six (6) years of age.

Land Development Project § I-D.55

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 structures, including, but not limited to, planned development, and/or conservation development for residential, commercial, institutional, recreational, open space, and/or mixed uses as may be provided for in the Smithfield Zoning Ordinance. 56. Land Development and Subdivision Review Regulations. Regulations adopted by the Planning Board governing and controlling land development and subdivision projects within the Town of Smithfield pursuant to Section 45-23-51 of the General Laws of Rhode Island (1056 as amended).

Land Development Project § I-D.53

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 structures, including, but not limited to, planned development, and/or conservation development for residential, commercial, institutional, recreational, open space, and/or mixed uses as may be provided for in the Smithfield Zoning Ordinance. 56. Land Development and Subdivision Review Regulations. Regulations adopted by the Planning Board governing and controlling land development and subdivision projects within the Town of Smithfield pursuant to Section 45-23-51 of the General Laws of Rhode Island (1056 as amended).

Land Development Project § 2.2.87

Land Development Project. A project in which one (1) 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 conservation development for residential, commercial, industrial, institutional, recreational, open space, and/or mixed uses as provided for in this Ordinance.

Land Unsuitable for Development § 2.2.88

Land unsuitable for development means land which has severe or very severe limitations for development. The provisions of Section 6.8 of this Ordinance shall apply.

Landscaped Area § I-D.56

Land fully developed and maintained to present a pleasant appearance and to stabilize the soil using primarily vegetation and natural features of the site, although these may also be supplemented by paving.

Landscaped Area § I-D.54

Land fully developed and maintained to present a pleasant appearance and to stabilize the soil using primarily vegetation and natural features of the site, although these may also be supplemented by paving.

Landscaped Area § 2.2.89

Land fully developed and maintained to present a pleasant appearance and to stabilize the soil, using primarily vegetation and natural features of the site, although these may also be supplemented by decorative paving.

Life Care Facility § 2.2.90

See “Residential Care Facility”.

Loading Space, Off-Street § 2.2.91

Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled.

Local Regulations § I-D.57

The land development and subdivision review regulations adopted under the provisions pf "The Land Development and Subdivision Review Enabling Act of 1992”. For purposes of clarification, throughout these Regulations, where reference is made to local regulations, it shall be understood as the land development and subdivision review regulations and all related ordinances and rules properly adopted pursuant to the State Act.

Local Regulations § I-D.55

The land development and subdivision review regulations adopted under the provisions pf "The Land Development and Subdivision Review Enabling Act of 1992”. For purposes of clarification, throughout these Regulations, where reference is made to local regulations, it shall be understood as the land development and subdivision review regulations and all related ordinances and rules properly adopted pursuant to the State Act.

Lodging House § 2.2.92

A building with more than two (2) but not more than ten (10) guest rooms where lodging with or without meals is provided for compensation.

Lot § 2.2.93

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

Lot Area § I-D.61

The total area within the boundaries of a lot, excluding any street acres or square feet.

Lot Area § I-D.59

The total area within the boundaries of a lot, excluding any street acres or square feet.

Lot Area § 2.2.94

The total area circumscribed by the boundaries of a lot, except that: (a) when the legal instrument creating a lot shows the boundary of the lot extending into a public street right-of-way, then the lot boundary for purposes of computing the lot area shall be the street right-of-way line, or if the right-of-way line cannot be determined, a line running parallel to and 30 feet from the center of the traveled portion of the street, and (b) in a residential district, when a private road that serves more than three dwelling units is located along any lot boundary, then the lot boundary for purposes of computing the lot area shall be the inside boundary of the traveled portion of that road.

Lot Building Coverage § 2.2.95

See “Building Coverage”.

Lot Depth § I-D.62

The distance measured from the front 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.

Lot Depth § I-D.60

The distance measured from the front 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.

Lot Depth § 2.2.97

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.

Lot Frontage § I-D.63

That portion of a lot abutting a street. A zoning ordinance shall specify how noncontiguous frontage will be considered with regard to minimum frontage requirements.

Lot Frontage § I-D.61

That portion of a lot abutting a street. A zoning ordinance shall specify how noncontiguous frontage will be considered with regard to minimum frontage requirements.

Lot Line § I-D.64

A line of record, bounding a lot, which divides one lot from another lot or: any other public or private space and shall include: a. Front: the Separating a lot from a street right-of-way. A zoning ordinance shall specify the method to be used to determine the front lot line on lots fronting on more than one street, for example, corner and through lots; b. Rear: the lot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10’) in length entirely within the lot, parallel to and at a maximum distance from the front lot line; and c. Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line, depending on requirements of the local zoning.

Lot Line § I-D.65

Front. See “Lot Line”.

Lot Line § I-D.66

Rear. See “Lot Line”.

Lot Line § I-D.67

Side. See “Lot Line”.

Lot Line § I-D.62

A line of record, bounding a lot, which divides one lot from another lot or: any other public or private space and shall include: a. Front: the Separating a lot from a street right-of-way. A zoning ordinance shall specify the method to be used to determine the front lot line on lots fronting on more than one street, for example, corner and through lots; b. Rear: the lot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10’) in length entirely within the lot, parallel to and at a maximum distance from the front lot line; and c. Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line, depending on requirements of the local zoning.

Lot Line § I-D.63

Front. See “Lot Line”.

Lot Line § I-D.64

Rear. See “Lot Line”.

Lot Line § I-D.65

Side. See “Lot Line”.

Lot Line § 2.2.99

A line of record, bounding a lot, which divides one (1) lot from another lot or from a public or private street or any other public or private space and shall include: A. Front Lot Line: any lot line separating a lot from a street right-of-way. B. Rear Lot Line: 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 (10) feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line, and C. Side Lot Line: any lot line other than a front or rear lot line. On a corner lot, or irregularly shaped lot, there may be more than one front lot line, and consequently, more than one rear lot line.

Lot Width § I-D.68

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.

Lot Width § I-D.66

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.

Lot Width § 2.2.101

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 line at the minimum front setback line.

Lot, Corner § 2.2.96

A lot at the junction of and fronting on two (2) or more intersecting streets.

Lot, Frontage § 2.2.98

See “Frontage”.

Lot, Through § 2.2.100

A lot having frontage on two (2) parallel or approximately parallel streets.

Lot. Corner § I-D.59

A lot at the junction of and fronting on two (2) or more intersecting streets. Land Development and Subdivision Review Regulations Town of Smithfield, RI

Lot. Corner § I-D.57

A lot at the junction of and fronting on two (2) or more intersecting streets.

Lot. Either: § I-D.58

a. The basic development unit for determination of lot area, depth, and other dimensional regulations; or b. A parcel of land whose boundaries have been established by some legal instrument such as a recorded map and which is recognized as a separate legal entitle for purposes of transfer of title; or c. A portion of land into which a lot, tract, or parcel of land is Subdivided or Redivided.

Lot. Either: § I-D.56

a. The basic development unit for determination of lot area, depth, and other dimensional regulations; or b. A parcel of land whose boundaries have been established by some legal instrument such as a recorded map and which is recognized as a separate legal entitle for purposes of transfer of title; or c. A portion of land into which a lot, tract, or parcel of land is Subdivided or Redivided.

Lot. Through § I-D.60

A lot having frontage on two (2) or more parallel or approximately parallel streets or which fronts upon two (2) streets which do not intersect at the boundaries of the lot.

Lot. Through § I-D.58

A lot having frontage on two (2) or more parallel or approximately parallel streets or which fronts upon two (2) streets which do not intersect at the boundaries of the lot.

Maintenance Guarantee § I-D.69

Any security instrument which may be required and accepted by a municipality to ensure that necessary improvements will function as required for a specific period of time. See also "Improvement Guarantee".

Maintenance Guarantee § I-D.67

Any security instrument which may be required and accepted by a municipality to ensure that necessary improvements will function as required for a specific period of time. See also "Improvement Guarantee".

Major Land Development Plan § I-D.70

Any land development plan not classified as a Minor Land

Major Land Development Plan § I-D.68

Any land development plan not classified as a Minor Land Development Plan.

Major Recreational Equipment § 2.2.102

Travel trailers, pick-up campers or coaches, motorized dwellings, tent trailers, boats and trailers, but not mobile homes.

Major Subdivision § I-D.72

Any subdivision not classified as either an Administrative Subdivision or a Minor

Major Subdivision § I-D.69

Any subdivision not classified as either an Administrative Subdivision or a Minor Subdivision 73. Master Plan. An overall plan for a proposed Project site outlining general, rather than detailed, development intentions. It describes the basic parameters of a major development proposal, rather than giving full engineering details. Said plan is required in Major Land Development or major subdivision review. See Section 45-23-40 of the General Laws of Rhode Island (1956 as amended).

Manufacturing § 2.2.103

Fabrication of raw materials or assembly of parts of materials fabricated off-site.

Master Plan § I-D.74

An overall plan for a proposed Project site outlining general, rather than detailed, development intentions. It describes the basic parameters of a major development proposal, rather than giving full engineering details. Said plan is required in Major Land Development or major subdivision review. See Section 45-23-40 of the General Laws of Rhode Island (1956 as amended).

Microbrewery § 2.2.104

A brewery that produces less than 15,000 barrels (17,600 hectoliters) of beer per year with 75 percent or more of its beer sold off-site.

Minor Land Development Plan § I-D.75

A development plan for a residential Project as defined in local regulations, provided that such development does not require waivers or modifications as specified in this act. All nonresidential land development projects shall be considered as Major Land Development plans. Land Development and Subdivision Review Regulations Town of Smithfield, RI

Minor Land Development Plan § I-D.70

A development plan for a residential Project as defined in local regulations, provided that such development does not require waivers or modifications as specified in this act. All nonresidential land development projects shall be considered as Major Land Development plans.

Minor Subdivision § I-D.76

A plan for a residential subdivision of land consisting of five (5) or fewer units or lots, provided that such subdivision does not require waivers or modifications as specified in this act. All nonresidential subdivisions shall be considered as major subdivision. 76. Modification of Requirements. See Section 45-23-62 of the General Laws of Rhode Island (1956 as amended).

Minor Subdivision § I-D.71

A plan for a residential subdivision of land consisting of five (5) or fewer units or lots, provided that such subdivision does not require waivers or modifications as specified in this act. All nonresidential subdivisions shall be considered as major subdivision. 76. Modification of Requirements. See Section 45-23-62 of the General Laws of Rhode Island (1956 as amended).

Mobile Home Park or Manufactured Home Park § 2.2.106

Mobile Home Park shall mean any plot of ground upon which are located two (2) or more mobile homes capable of being occupied for dwelling or sleeping purposes.

Mobile Home, also known as Manufactured Home § 2.2.105

A structure designed or used for residential occupancy built upon or having a frame or chassis to which wheels may be attached by which it may be moved upon a highway, whether or not such structure actually has, at any given time, such wheels attached, or is jacked up or skirted, or attached to a permanent slab foundation.

Modification § 2.2.107

Permission granted and administered by the Zoning Official, pursuant to Article 10 of this Ordinance, to grant a dimensional variance other than lot area requirements from this Ordinance to a degree not to exceed twenty-five percent (25%) of each of the applicable dimensional requirements.

Multi-Family Unit-see Dwelling, Multi-Family § 2.2.108

Municipal Engineer § I-D.77

The Town Engineer of the Town of Smithfield or such other person designated by the Smithfield Town Council to perform the functions of the Municipal Engineer.

Municipal Engineer § I-D.72

The Town Engineer of the Town of Smithfield or such other person designated by the Smithfield Town Council to perform the functions of the Municipal Engineer.

Natural Strip § 2.2.109

An unpaved area at least ten (10) feet in depth, landscaped with plantings indigenous to the area.

Nonconformance § 2.2.110

A building, structure, or parcel of land, or use thereof, lawfully existing at the time of the adoption or amendment of this Ordinance and not in conformity with the provisions of such Ordinance or amendment. Nonconformance shall be of only two (2) types: A. Nonconforming by Use: A lawfully established use of land, building or structure which is not a permitted use in that zoning district. A building or structure containing more dwelling units than are permitted by the use regulations of this Ordinance shall be nonconforming by use; B. Nonconforming by Dimension: A building, structure, or parcel of land not in compliance with the dimensional regulations of this Ordinance. Dimensional regulations include all regulations of this 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 this Ordinance shall be nonconforming by use, while a building or structure containing a permitted number of dwelling units by the use while a building or structure containing a permitted number of dwelling units by the use regulations of the Zoning Ordinance, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.

Nursing Home § 2.2.111

acility licensed by the State of Rhode Island, and maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital.

Nutrient Loading § I-D.78

The quantity of nitrogen and phosphorous that will be added to ground and/or surface water from proposed and/or potential developments.

Nutrient Loading § I-D.73

The quantity of nitrogen and phosphorous that will be added to ground and/or surface water from proposed and/or potential developments.

Nutrient Loading Determination § I-D.79

A study conducted to determine existing nutrient levels and increases due to future development and compare them to future critical eutrophic levels.

Nutrient Loading Determination § I-D.74

A study conducted to determine existing nutrient levels and increases due to future development and compare them to future critical eutrophic levels.

Office, Professional § 2.2.112

office of recognized professionals, such as physicians, dentists, lawyers, engineers, artists, musicians and teachers, who are qualified to perform services of a professional nature.

Outlot § I-D.80

Land reserved to connect isolated parcels to the street system. Outlots shall have sufficient frontage on an existing street to permit the extension of new streets into the isolated parcel.

Outlot § I-D.75

Land reserved to connect isolated parcels to the street system. Outlots shall have sufficient frontage on an existing street to permit the extension of new streets into the isolated parcel.

Overlay District § 2.2.113

istrict that is superimposed on one (1) or more district or parts of districts and that imposes specified requirements in addition to those otherwise applicable for the underlying zone and or which allows alternate uses.

Owner § 2.2.114

person, agent, firm or corporation who, alone, jointly, or severally with others: a) shall have legal or record title to any property; or b) shall have charge, care or control of any property as agent, executor, administrator, trustee or guardian.

Parcel § I-D.81

A lot, or contiguous group of lots in single ownership or under single control, and usually a unit for purposes of development. Also referred to as a tract. 82. Parking Area or Lot. All that portion of a development that is used by vehicles, the total area used for vehicular access, circulation, parking, loading and unloading. 83. Permitting authority. The local agency of government specifically empowered by state enabling law and local ordinance to hear and decide on specific matters pertaining to local land use.

Parcel § I-D.76

A lot, or contiguous group of lots in single ownership or under single control, and usually a unit for purposes of development. Also referred to as a tract. 82. Parking Area or Lot. All that portion of a development that is used by vehicles, the total area used for vehicular access, circulation, parking, loading and unloading. 83. Permitting authority. The local agency of government specifically empowered by state enabling law and local ordinance to hear and decide on specific matters pertaining to local land use.

Parking Area Aisles § 2.2.115

ortion of paved area consisting of lanes providing access to parking spaces.

Parking Space § 2.2.116

ortion of paved area set aside for the parking of one vehicle.

Parking, Accessory Use § 2.2.117

-street parking of vehicles on the same or contiguous lot as a principal use where said parking is established or required in conjunction with the principal use.

Parking, Principal Use § 2.2.118

-street parking of vehicles on one or more lots where parking spaces for more than four (4) vehicles are available for public use whether free, for compensation, or to satisfy parking requirements of a principal use on separate and noncontiguous lots.

Permitted Use § 2.2.119

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

Phased Development § I-D.82

Development, usually for large-scale Projects, where construction of public or private improvements proceeds by Section(s) subsequent to approval of a Master Plan for the entire site. See Section 45-23-48 of the General Laws of Rhode Island (1956 as amended). 85. Physical Constraints to Development. Characteristics of a site or area, either natural or man-made, which present significant difficulties to construction of the uses permitted on that site, or would require extraordinary construction methods. See also “Environmental Constraints”.

Phased Development § I-D.77

Development, usually for large-scale Projects, where construction of public or private improvements proceeds by Section(s) subsequent to approval of a Master Plan for the entire site. See Section 45-23-48 of the General Laws of Rhode Island (1956 as amended). 85. Physical Constraints to Development. Characteristics of a site or area, either natural or man-made, which present significant difficulties to construction of the uses permitted on that site, or would require extraordinary construction methods. See also “Environmental Constraints”.

Planned Development § I-D.83

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

Planned Development § I-D.78

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

Planned Development (PD) § 2.2.120

nd development project as defined herein and developed according to plan as a single entity and containing one (1) or more structures and/or uses with appurtenant common areas.

Planning Board § I-D.84

The Planning Board of the Town of Smithfield.

Planning Board § I-D.79

The Planning Board of the Town of Smithfield.

Planning Board § 2.2.121

e Planning Board of the Town of Smithfield.

Plat § I-D.85

A drawing or drawings of a land development or subdivision plan showing the location, boundaries and lot lines of individual properties, as well as other necessary information as specified in the local regulations.

Plat § I-D.86

Final. See “Final Plat”.

Plat § I-D.80

A drawing or drawings of a land development or subdivision plan showing the location, boundaries and lot lines of individual properties, as well as other necessary information as specified in the local regulations.

Plat § I-D.81

Final. See “Final Plat”.

Plat. Preliminary. See “Preliminary Plan” § I-D.87

Plat. Preliminary. See “Preliminary Plan” § I-D.82

Platting Board of Review. See “Subdivision Board of Review” § I-D.88

Platting Board of Review. See “Subdivision Board of Review” § I-D.83

Pre-Application Conference § I-D.89

An initial meeting between developers and municipal representatives which affords developers the opportunity to present their proposals informally and to receive comments Land Development and Subdivision Review Regulations Town of Smithfield, RI and directions from the municipal officials and others. See Section 45-23-35 of the General Laws of Rhode Island (1956 as amended).

Pre-Application Conference § I-D.84

An initial meeting between developers and municipal representatives which affords developers the opportunity to present their proposals informally and to receive comments and directions from the municipal officials and others. See Section 45-23-35 of the General Laws of Rhode Island (1956 as amended).

Pre-application Conference § 2.2.122

review meeting of a proposed development held between the applicant or applicants and officials of the Town, before formal submission of an application for a permit or for development approval.

Preliminary Plan § I-D.90

The required stage of land development and subdivision review which shall require detailed engineered drawings and all required state and federal permits. See Section 45-23-41 of the General Laws of Rhode Island (1956 as amended).

Preliminary Plan § I-D.85

The required stage of land development and subdivision review which shall require detailed engineered drawings and all required state and federal permits. See Section 45-23-41 of the General Laws of Rhode Island (1956 as amended).

Preliminary Plat. See “Preliminary Plan" § I-D.91

Preliminary Plat. See “Preliminary Plan" § I-D.86

Principal Use § 2.2.123

e “Use, Principal”.

Professional § 2.2.124

individual engaged in an occupation requiring advanced training and educational achievement in some liberal art or science, usually involving mental rather than manual work. The occupations contemplated by this term are medicine, law, teaching, engineering and the like.

Property § I-D.92

Physical evidence of possession which for the purposes of these Regulations includes the land; building(s); all improvements and structures thereon; all easements, rights, and appurtenances belonging thereto; and, all articles of personal property intended for use in connection therewith.

Property § I-D.87

Physical evidence of possession which for the purposes of these Regulations includes the land; building(s); all improvements and structures thereon; all easements, rights, and appurtenances belonging thereto; and, all articles of personal property intended for use in connection therewith.

Public Improvement § I-D.93

Any street or other roadway, sidewalk, pedestrian way, tree, lawn, off-street parking area, drainage feature, or other facility for which the local government or other governmental entity either is presently responsible, or will ultimately assume the responsibility for maintenance and operation upon municipal acceptance.

Public Improvement § I-D.88

Any street or other roadway, sidewalk, pedestrian way, tree, lawn, off-street parking area, drainage feature, or other facility for which the local government or other governmental entity either is presently responsible, or will ultimately assume the responsibility for maintenance and operation upon municipal acceptance.

Public Informational Meeting § I-D.94

A meeting of the Planning Board or Governing Body preceded by a notice, open to the public, and at which the public shall be heard.

Public Informational Meeting § I-D.89

A meeting of the Planning Board or Governing Body preceded by a notice, open to the public, and at which the public shall be heard.

Re-Subdivsion § I-D.98

Any change of an approved or recorded subdivision plat or in a lot recorded in the municipal land evidence records, or that affects the lot lines of any areas reserved for public use, or that affects any map or plan legally recorded prior to the adoption of the loca1 land development; and subdivision regulations. For the purposes of these Regulations, any such action shall constitute a subdivision.

Re-Subdivsion § I-D.93

Any change of an approved or recorded subdivision plat or in a lot recorded in the municipal land evidence records, or that affects the lot lines of any areas reserved for public use, or that affects any map or plan legally recorded prior to the adoption of the loca1 land development; and subdivision regulations. For the purposes of these Regulations, any such action shall constitute a subdivision.

Rear Lot Line. See “Lot Line” § I-D.95

Rear Lot Line. See “Lot Line” § I-D.90

Rear Yard. See “Yard, Rear” § I-D.96

Rear Yard. See “Yard, Rear” § I-D.91

Recharge Area § I-D.97

An area in which water is absorbed and added to the groundwater reservoir.

Recharge Area § I-D.92

An area in which water is absorbed and added to the groundwater reservoir.

Removal § 2.2.125

location of a structure on its site or to another site.

Repair § 2.2.126

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

Residential Care Facility § 2.2.127

facility consisting of independent and semi-independent dwelling units, each occupied by not more than two (2) residents per dwelling unit, at least one (1) of whom is fifty-five (55) years of age or older; said facility shall have available on-site passive and recreational facilities, supervised and unsupervised activities, housekeeping assistance, and full-time medical personnel to provide medical services, including, but not limited to, dietary and nutritional assistance and nursing care.

Roadside Stand § 2.2.128

structure visible from a street used for display and sale of products grown or produced on the property or parcel, and without space for customers within the structure itself.

Room § 2.2.129

un-subdivided portion of the interior of a dwelling unit, excluding bathrooms, closets, hallways, and service porches.

Rooming Unit § 2.2.130

room or suite of rooms having an independent means of access within a building, with facilities intended for sleeping and living, with or without individual sanitation, and without cooking facilities.

Runoff § I-D.99

That portion of precipitation that flows off the land without filtering into the soil.

Runoff § I-D.94

That portion of precipitation that flows off the land without filtering into the soil.

Runoff. Stormwater § I-D.100

Water that results from precipitation which is not absorbed by the soil or plant material.

Runoff. Stormwater § I-D.95

Water that results from precipitation which is not absorbed by the soil or plant material.

Screen § 2.2.131

ield from view in the manner described in §16, Article VII (Landscaping) of the Codified Ordinances of the Town of Smithfield.

Sediment Load § I-D.102

The quantity of solid material that is transported by a natural agent, such as a stream, and expressed as a dry weight passing a given point in a given period of time.

Sediment Load § I-D.97

The quantity of solid material that is transported by a natural agent, such as a stream, and expressed as a dry weight passing a given point in a given period of time.

Sediment Transport § I-D.103

The movement of sediment by natural agents such as runoff or surface water courses.

Sediment Transport § I-D.98

The movement of sediment by natural agents such as runoff or surface water courses.

Sedimentation § I-D.101

The depositing of earth or soil that has been transported from its site of origin by water, ice, wind, gravity, or other natural means as a product of erosion.

Sedimentation § I-D.96

The depositing of earth or soil that has been transported from its site of origin by water, ice, wind, gravity, or other natural means as a product of erosion.

Setback Line § I-D.105

Structure. See “Setback Line”. Land Development and Subdivision Review Regulations Town of Smithfield, RI

Setback Line § I-D.100

Structure. See “Setback Line”.

Setback Line or Lines § 2.2.132

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

Setback. See “Setback Line” § I-D.104

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

Setback. See “Setback Line” § I-D.99

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

Shared Elderly Housing § 2.2.133

dwelling unit shared by six (6) or fewer residents, whether or not related to one another, each of whom is fifty-five (55) years of age or older, and who together shall be deemed one (1) household.

Shed § 2.2.135

accessory structure less than 200 square feet in area, with doors no greater than four (4) feet in width.

Shipping Container § 2.2.134

piece of transportation equipment, including one that is carried on a chassis, that is durable enough to be suitable for frequent, recurring, and continual use for storage.

Shopping Center § 2.2.136

area planned for occupancy by more than one (1) or more commercial establishments which may share common facilities.

Side Lot Line. See “Lot Line” § I-D.106

Side Lot Line. See “Lot Line” § I-D.101

Side Yard. See “Yard, Side” § I-D.107

112. Smithfield Zoning Board of Review. See "Zoning Board of Review ".

Side Yard. See “Yard, Side” § I-D.102

112. Smithfield Zoning Board of Review. See "Zoning Board of Review ".

Sign Area § 2.2.138

e total area of the space to be used for advertising purposes, including the spaces between open-type letters and figures, including the background structure or other decorations which is an integral part of the sign. Sign supports shall be excluded in determining the area of a sign. A double-faced sign shall have twice the total area of a single faced sign.

Signs § 2.2.137

y advertisement, announcement, direction or communication, other than an identification or announcement sign, produced in whole or in part by the construction, erection, affixing or placing of a structure on any land or on any other structure, or produced by painting, pasting, or placing any printed, lettered, pictured, figured or colored material on any building, structure or surface; provided, however, that signs placed or erected by the Town or the State for the purposes of showing street names or traffic directions or regulations or for other municipal or governmental purposes shall not be included herein nor shall signs which are part of the architectural design of the building; and provided further, that non-commercial decorative or national flags shall be allowed in all residential zones. See "SCHEMATICS" attached hereto as an Appendix and incorporated by reference. A. Announcement Sign: An outdoor sign within the view of persons passing of a public highway, whether a separate structure, object, or device or attached to or painted on another structure, object or device bearing an advertisement relating to the premises on which the sign is located. B. Flag: A flag, banner, pennant, burgee or other fabric or flexible device, used to convey a commercial message, including, but not limited to, flags displaying the word "OPEN," flags displaying the logo of a commercial enterprise, or flags displaying a pictorial representation of the merchandise or services offered by a commercial establishment. A commercial establishment that sells flags may only display those flags, whether commercial or not, within the limits provided in this Ordinance for the outdoor display or sale of goods, excluding the American, State of Rhode Island, or Smithfield flag. C. Freestanding Sign: A sign that is attached to, erected on, or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure having a principal function other than the support of a sign. A sign that stands without supporting elements, such as a "sandwich sign," is also a freestanding sign. D. Identification Sign: An outdoor sign displaying the name and address of the occupant or identifying a permitted use or an accessory use, not greater than one and one-half (1-1/2) square feet in area. E. Off-Premises Sign: A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other activity that is conducted, sold, or offered at a location other than the premises on which the sign is located. See also Billboard. F. Overhang Sign: A sign, banner or other advertising device which hangs or extends over a public way, sidewalk or way in which the public has a right of access. Wall signs shall not be included in this definition. G. Standing Sign: A sign standing or hanging free on its own support which may be attached to a building or fixed in or to the ground. Standing signs may have two (2) sides or faces, showing in opposite directions, with or without designs on both sides. H. Temporary Sign: See §8.7.9 of this Ordinance. I. Wall Sign: A sign fastened or affixed parallel to a wall of a building and not more than six (6) inches therefrom. J. Window Sign: A sign affixed to the inside surface of a window or displayed behind a window so as to attract attention from the outside. A sign shall be deemed a window sign if it is within the display, or showcase area of the window, or within six (6) feet of the inside surface of a window through which it is intended to be viewed.

Site Plan § 2.2.139

e development plan for one (1) or more lots on which is shown the existing and/or the proposed conditions of the lot.

Soil Erosion § I-D.108

The detachment and movement of soil or rock fragments, or by the wearing away of the land surface by water, wind, ice, and/or gravity. 114. Soil Erosion and Sediment Control Plan. A plan that indicates necessary land use treatment measures, including a schedule for installation and future maintenance, which will effectively minimize or eliminate soil erosion and sedimentation, which has been approved by the sediment and soil erosion committee.

Soil Erosion § I-D.103

The detachment and movement of soil or rock fragments, or by the wearing away of the land surface by water, wind, ice, and/or gravity. 114. Soil Erosion and Sediment Control Plan. A plan that indicates necessary land use treatment measures, including a schedule for installation and future maintenance, which will effectively minimize or eliminate soil erosion and sedimentation, which has been approved by the sediment and soil erosion committee.

Special Use § 2.2.140

regulated use which is permitted pursuant to a Special Use Permit issued by the Board. Formerly referred to as a Special Exception.

Specimen Vegetation § I-D.109

Rhode Island Natural Heritage Program plant species listed as either state endangered, state threatened, state interest species of concern, or state extirpated; plant species providing habitat for animal species listed by the Heritage program in the above mentioned categories; species such as American Holly (Ilex opalca) and Rhododendron (Rhododendron maximum) which are at the limits of their natural range; any species such as American Elm (Ulmus americana) and American Chestnut (Castanea dentate) whose population has been drastically reduced by disease, insects or habitat destruction.

Specimen Vegetation § I-D.104

Rhode Island Natural Heritage Program plant species listed as either state endangered, state threatened, state interest species of concern, or state extirpated; plant species providing habitat for animal species listed by the Heritage program in the above mentioned categories; species such as American Holly (Ilex opalca) and Rhododendron (Rhododendron maximum) which are at the limits of their natural range; any species such as American Elm (Ulmus americana) and American Chestnut (Castanea dentate) whose population has been drastically reduced by disease, insects or habitat destruction.

Storage § 2.2.141

e deposit and care of materials in a warehouse or otherwise for safekeeping and/or ultimate distribution.

Storm Water Detention § I-D.110

A provision for storage of storm water runoff and the controlled release of such runoff during and after a flood or storm.

Storm Water Detention § I-D.105

A provision for storage of storm water runoff and the controlled release of such runoff during and after a flood or storm.

Storm Water Retention § I-D.111

A provision for storage of storm water runoff.

Storm Water Retention § I-D.106

A provision for storage of storm water runoff.

Storm Water Runoff. See "Runoff, Stormwater" § I-D.112

Storm Water Runoff. See "Runoff, Stormwater" § I-D.107

Story § 2.2.142

at portion of a building included between the upper surface of any floor and the upper surface of the floor next above; also, any portion of a building used for human occupancy between the topmost floor and the roof. A basement may be counted as a story.

Street § I-D.113

A public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles. Streets are further classified by the functions they perform. See also “Street Classification ".

Street § I-D.115

Access to. An adequate and permanent way of entering a lot. All lots of record shall have access to a public street for all vehicles normally associated with the uses permitted for that lot.

Street § I-D.108

A public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles. Streets are further classified by the functions they perform. See also “Street Classification ".

Street § I-D.110

Access to. An adequate and permanent way of entering a lot. All lots of record shall have access to a public street for all vehicles normally associated with the uses permitted for that lot.

Street § 2.2.143

public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles. Streets are further classified by the functions they perform.

Street Classification § I-D.122

A method of roadway organization which identifies a street hierarchy according to function within a road system, that is, types of vehicles served and anticipated volumes, for the purposes of promoting safety, efficient land use and the design character of neighborhoods and districts. Local classifications shall use the following as major categories: a. Arterial. A major street that serves as an avenue for the circulation of traffic into, out of, or around the municipality and carries high volumes of traffic. b. Collector. A street whose principal function is to carry traffic between local streets and arterial streets but that may also provide direct access to abutting properties. c. Local. Streets whose primary function is to provide access to abutting properties.

Street Classification § I-D.117

A method of roadway organization which identifies a street hierarchy according to function within a road system, that is, types of vehicles served and anticipated volumes, for the purposes of promoting safety, efficient land use and the design character of neighborhoods and districts. Local classifications shall use the following as major categories: a. Arterial. A major street that serves as an avenue for the circulation of traffic into, out of, or around the municipality and carries high volumes of traffic. b. Collector. A street whose principal function is to carry traffic between local streets and arterial streets but that may also provide direct access to abutting properties. c. Local. Streets whose primary function is to provide access to abutting properties.

Street Classification § 2.2.144

method of roadway organization which identifies a street hierarchy according to function within a road system, that is, types of vehicles served and anticipated volumes, for the purposes of promoting safety, efficient land use and the design character of neighborhoods and districts. Local classifications shall use the following as major categories: A. Arterial: A major street that serves as an avenue for the circulation of traffic into, out of, or around the municipality and carries high volumes of traffic. B. Collector: A street whose principal function is to carry traffic between local streets and arterial streets but that may also provide direct access to abutting properties. C. Local: Streets whose primary function is to provide access to abutting properties.

Street Line § 2.2.145

e line dividing a lot from any street, except a limited or controlled access highway to which the lot has no access.

Street. Alley § I-D.116

A public or private thoroughfare primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.

Street. Alley § I-D.111

A public or private thoroughfare primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.

Street. Cul-de-Sac § I-D.117

A local street with only one outlet and having an appropriate vehicular turnaround, either temporary or permanent, at the closed end. 124. Street, Limited Access Highway. A freeway or expressway providing for through traffic. Owners or occupants of abutting property on lands and other persons have no legal right to access, except at such points and in such manner as may be determined by the public authority having jurisdiction over the highway.

Street. Cul-de-Sac § I-D.112

A local street with only one outlet and having an appropriate vehicular turnaround, either temporary or permanent, at the closed end. 124. Street, Limited Access Highway. A freeway or expressway providing for through traffic. Owners or occupants of abutting property on lands and other persons have no legal right to access, except at such points and in such manner as may be determined by the public authority having jurisdiction over the highway.

Street. Private § I-D.118

A thoroughfare established as a separate tract for the benefit of multiple, adjacent properties and meeting specific, municipal improvement standards. This definition shall not apply to driveways.

Street. Private § I-D.113

A thoroughfare established as a separate tract for the benefit of multiple, adjacent properties and meeting specific, municipal improvement standards. This definition shall not apply to driveways.

Street. Public § I-D.119

All public property reserved or dedicated for street traffic. Land Development and Subdivision Review Regulations Town of Smithfield, RI

Street. Public § I-D.114

All public property reserved or dedicated for street traffic.

Street. Rights-of-Way § I-D.120

The area from lot line to lot line including pavement, grass and sidewalk areas.

Street. Rights-of-Way § I-D.115

The area from lot line to lot line including pavement, grass and sidewalk areas.

Street. Stub § I-D.121

A portion of a street reserved to provide access to future development, which may provide for utility connections.

Street. Stub § I-D.116

A portion of a street reserved to provide access to future development, which may provide for utility connections.

Street/Highway, Arterial. See "Street Classification -Arterial" § I-D.114

Street/Highway, Arterial. See "Street Classification -Arterial" § I-D.109

Structure § I-D.123

Anything constructed or erected, whether requiring location on the ground or attachment having a location on the ground. Among other things, structures shall include buildings, walls, fences, poster panels, satellite receiving dishes, and solar panels, but shall not include a trailer, mobile home, or any other like product.

Structure § I-D.118

Anything constructed or erected, whether requiring location on the ground or attachment having a location on the ground. Among other things, structures shall include buildings, walls, fences, poster panels, satellite receiving dishes, and solar panels, but shall not include a trailer, mobile home, or any other like product.

Structure § 2.2.146

combination of materials to form a construction for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land or water, including, but not limited to, buildings, gazebos, signs, billboards, outbuildings, and swimming pools.

Structure Setback Line. See “Setback Line” § I-D.124

Structure Setback Line. See “Setback Line” § I-D.119

Student § 2.2.147

r the purpose of a Dormitory (off-campus), a student is an individual not related to a resident of the home and who is enrolled in an institution of higher learning.

Subdivider § I-D.125

Any person who (1) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision or who (2) directly or indirectly sells, leases, or develops, or offers to sell, lease, or develop, or advertises to sell, lease, or develop, any interest, lot, parcel, site, unit, or plat in a subdivision, or who (3) engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, or development a subdivision or any interest, lot, parcel, site, unit, or plat in a subdivision.

Subdivider § I-D.120

Any person who (1) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision or who (2) directly or indirectly sells, leases, or develops, or offers to sell, lease, or develop, or advertises to sell, lease, or develop, any interest, lot, parcel, site, unit, or plat in a subdivision, or who (3) engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, or development a subdivision or any interest, lot, parcel, site, unit, or plat in a subdivision.

Subdivision § I-D.73

Subdivision § I-D.126

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

Subdivision § I-D.121

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

Subdivision Board of Review. See "Board of Appeal" § I-D.127

Subdivision Board of Review. See "Board of Appeal" § I-D.122

Subdivision Regulations. See "Land Development and Subdivision Review Regulations” § I-D.128

Subdivision Regulations. See "Land Development and Subdivision Review Regulations” § I-D.123

Swimming Pool § 2.2.148

artificial pool of water or natural pool with a depth of two (2) feet or more at any point or seventy-five (75) or more square feet of surface and used for swimming or bathing, located indoors or outdoors, together with the equipment, and appurtenances used in connection with the pool.

Technical Review Committee § I-D.129

A Committee appointed by the Planning Board for the purpose of reviewing, commenting, and making recommendations to the Planning Board with respect to approval of land development and subdivision applications.

Technical Review Committee § I-D.124

A Committee appointed by the Planning Board for the purpose of reviewing, commenting, and making recommendations to the Planning Board with respect to approval of land development and subdivision applications.

Temporary Improvement § I-D.130

Improvements built and maintained by a developer during construction of a development Project and prior to release of the improvement guarantee but not intended to be permanent.

Temporary Improvement § I-D.125

Improvements built and maintained by a developer during construction of a development Project and prior to release of the improvement guarantee but not intended to be permanent.

Through Lot. See “Lot, Through” § I-D.135

Through Lot. See “Lot, Through” § I-D.130

Topography § I-D.131

General term to include characteristics of the ground surface such as plains, hills, mountains, degree of relief, steepness of slope, and other physiographic features.

Topography § I-D.126

General term to include characteristics of the ground surface such as plains, hills, mountains, degree of relief, steepness of slope, and other physiographic features.

Town § I-D.132

The Town of Smithfield, Rhode Island. Land Development and Subdivision Review Regulations Town of Smithfield, RI

Town § I-D.127

The Town of Smithfield, Rhode Island.

Town § 2.2.149

e Town of Smithfield, Rhode Island.

Town Council § I-D.133

The Town Council of the Town of Smithfield, Rhode Island. Also referred to herein as the Council.

Town Council § I-D.128

The Town Council of the Town of Smithfield, Rhode Island. Also referred to herein as the Council.

Town Surveyor § I-D.134

The Registered Land Surveyor of the Town of Smithfield or such other person designated by the Smithfield Town Council to perform the functions of Town Surveyor.

Town Surveyor § I-D.129

The Registered Land Surveyor of the Town of Smithfield or such other person designated by the Smithfield Town Council to perform the functions of Town Surveyor.

Transitional Housing § 2.2.150

e “Community Residence”.

Truck Terminal § 2.2.151

y premises where the principal use is the outdoor or indoor storage, service, maintenance or repair of truck, bus, van, automobile or other motor vehicle fleets.

Unit § I-D.136

A part of the property intended for any type of independent use including one or more rooms or spaces located in one or more floors or parts of floors in a building.

Unit § I-D.131

A part of the property intended for any type of independent use including one or more rooms or spaces located in one or more floors or parts of floors in a building.

Use § 2.2.152

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

Use, Accessory § 2.2.153

subordinate use located on the same lot with the principal building, or subordinate use of land, either of which is customarily incident to and serves the principal building or the principal use of the land.

Use, Principal § 2.2.154

e primary or predominant use of any lot.

Uses § 5.11.2.1

H. Roof-mounted solar energy system: An accessory solar energy system that is structurally appended to the roof of a building. I. Small-scale solar energy system: A principal solar energy system that occupies up to 1,750 square feet of area, inclusive of inter-row and panel/collector spacing. J. Solar energy system: The equipment and requisite hardware that provide and are used for collecting, transferring, converting, storing, or using incidental solar energy for water heating, space heating, cooling, generating electricity, and off-loading said electricity to the grid, or other applications that would otherwise require the use of a conventional source of energy such as petroleum products, natural gas, manufactured gas, or electricity produced Town of Smithfield Article 5 – Dimensional Regulations Zoning Ordinance from a nonrenewable resource. This shall include photovoltaic arrays and installations that utilize ground-mounted and roof-mounted systems. K. Solar energy system operator: The agent or entity that conducts the daily operation and maintenance of the solar energy system under contractual agreement with the solar energy system owner. L. Solar energy system owner: The owner of equipment and appurtenances comprising the solar energy system; said entity may also be the solar energy system operator. M. Technical Review: Review of a proposed solar energy system project as required by this Chapter performed by the Technical Review Committee. N. Technical Review Committee: See Section 9, Article B of the Town’s Land Development and Subdivision Review Regulations. O. Review pursuant to the Town’s Land Development and Subdivision Review Regulations: Review by the Smithfield Planning Board.

Utility Facilities § 2.2.155

y above-ground structures or facilities (other than buildings, unless such buildings are used as storage incidental to the operation of such structures or facilities) owned by a governmental entity, a nonprofit organization, a corporation, or any entity defined as a public utility for any purpose by the State of Rhode Island and used in connection with the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, gas, oil, or electronic signals.

Variance § 2.2.156

rmission to depart from the literal requirements of this Ordinance. An authorization for the construction or maintenance of a building or structure, or for the establishment or maintenance of a building or structure, or for the establishment or maintenance of a use of land, which is prohibited by this Ordinance. There shall be only two (2) categories of variance, a use variance or a dimensional variance: A. Use Variance: Permission to depart from the use requirements of this Ordinance where the applicant for the requested variance has shown by evidence upon the record that the subject land or structure cannot yield any beneficial use if it is to conform to the provisions of this Ordinance; B. Dimensional Variance: Permission to depart from the dimensional requirements of this Ordinance, where the applicant for the requested relief has shown, by evidence upon the record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use of the subject property unless granted the requested relief from the dimensional regulations. However, the fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief, although it may be an incidental result of the relief.

Vehicle, Commercial § 2.2.157

hicle used for commercial transportation purposes, including but not limited to trucks (all types and weights), van used for delivery and service, tractor trailer, garbage pick-up or dump truck, dumpster truck, or similar type vehicle.

Vested Rights § I-D.137

The right to initiate or continue the development of an approved Project for a specified period of time, under the regulations that were in effect at the time of approval, even if, after the approval, the regulations change prior to the completion of the Project.

Vested Rights § I-D.132

The right to initiate or continue the development of an approved Project for a specified period of time, under the regulations that were in effect at the time of approval, even if, after the approval, the regulations change prior to the completion of the Project.

Viewshed § I-D.138

The primary area which can be viewed from a defined observation point. To determine the extent of the viewshed, important vantage points and significant features should be identified. The area that can be seen from those points should be designated as the viewshed. 146. Waiver of Requirements. See Section 45-23-62 of the General Laws of the State of Rhode Island (1956 as amended).

Viewshed § I-D.133

The primary area which can be viewed from a defined observation point. To determine the extent of the viewshed, important vantage points and significant features should be identified. The area that can be seen from those points should be designated as the viewshed. 146. Waiver of Requirements. See Section 45-23-62 of the General Laws of the State of Rhode Island (1956 as amended).

Warehouse § 2.2.158

structure or part of a structure, for storing goods, wares and merchandise, whether for the owner or for others, and whether it is a public or private warehouse.

Watershed § I-D.139

The area drained by or contributing water to a given stream, river, lake, or other body of water.

Watershed § I-D.134

The area drained by or contributing water to a given stream, river, lake, or other body of water.

Wetlands § 2.2.159

e “Fresh Water Wetlands” as defined by Rhode Island General Laws, §2-1-20 (1956 as amended).

Wetlands. See “Fresh Water Wetlands" § I-D.140

Wetlands. See “Fresh Water Wetlands" § I-D.135

Wholesale § 2.2.160

e sale of goods in large quantity for the purpose of resale.

Wholesale Sales § 2.2.161

-premises sales of goods primarily to customers engaged in the business of reselling the goods.

Width § I-D.141

Lot. See “Lot Width".

Width § I-D.136

Lot. See “Lot Width".

Yard § I-D.142

A space on the same lot with a main building with said space being open, unoccupied, and unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in the Smithfield Zoning Ordinance (1994, as amended).

Yard § I-D.137

A space on the same lot with a main building with said space being open, unoccupied, and unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in the Smithfield Zoning Ordinance (1994, as amended).

Yard § 2.2.162

space on the same lot with a main building open, unoccupied and unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in this Ordinance. A. Yard, Side: The area between the main building and the side lot line, extending from the front yard or front lot line where no front is required, to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the main building. See Section 6.0 and the computational and dimensional schematics provided for illustrative purposes. B. Yard, Front: The area between the street line and a line parallel thereto drawn through the nearest point of a main structure, extending between side lot lines. See Article 5 and the computational and dimensional schematics provided for illustrative purposes. C. Yard, Rear: A yard extending across the full width of the lot line between the rearmost main building and the rear lot line, the depth of which shall be the least distance between the rear lot line and the rear of such main building. See Article 5 and the computational and dimensional schematics provided for illustrative purposes.

Yard. Front § I-D.143

The area between the street line and a line parallel thereto drawn through the nearest point of a main structure, extending between side lot lines. Refer to the Smithfield Zoning Ordinance (1994, as amended) for illustrative purposes.

Yard. Front § I-D.138

The area between the street line and a line parallel thereto drawn through the nearest point of a main structure, extending between side lot lines. Refer to the Smithfield Zoning Ordinance (1994, as amended) for illustrative purposes.

Yard. Rear § I-D.144

A yard extending across the full width of the lot line between the rearmost main building and the rear lot line, the depth of which shall be the least distance between the rear lot line and the rear of such main building, Refer to the Smithfield Zoning Ordinance (1994, as amended) for illustrative purposes.

Yard. Rear § I-D.139

A yard extending across the full width of the lot line between the rearmost main building and the rear lot line, the depth of which shall be the least distance between the rear lot line and the rear of such main building, Refer to the Smithfield Zoning Ordinance (1994, as amended) for illustrative purposes.

Yard. Side § I-D.145

The area between the main building and the side lot line, extending from the front yard or front lot line where no front is required, to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the rest part of the main building. Refer to the Smithfield Zoning Ordinance (1994, as amended) for illustrative purposes. 154. Zone of Contribution. The surface area that provides recharge to a public well.

Yard. Side § I-D.140

The area between the main building and the side lot line, extending from the front yard or front lot line where no front is required, to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the rest part of the main building. Refer to the Smithfield Zoning Ordinance (1994, as amended) for illustrative purposes. 154. Zone of Contribution. The surface area that provides recharge to a public well.

Zoning Board § 2.2.163

e Zoning Board of Review of the Town of Smithfield.

Zoning Certificate § I-D.146

A document signed by the Zoning Enforcement Officer, as required in the Zoning Ordinance, which acknowledges that a use, structure, building or lot either complies with or is legally nonconforming to the provisions of the Smithfield to the provisions of the Smithfield Zoning Ordinance or is an authorized variance or modification therefrom. Land Development and Subdivision Review Regulations Town of Smithfield, RI 156. Zoning Board of Review. The Zoning Board of the Town of Smithfield, Rhode Island. For purposes of these regulations, said Board of Review serves as the Board of Appeal. It is also known from time to time as the Platting Board of Appeal.

Zoning Certificate § I-D.141

A document signed by the Zoning Enforcement Officer, as required in the Zoning Ordinance, which acknowledges that a use, structure, building or lot either complies with or is legally nonconforming to the provisions of the Smithfield to the provisions of the Smithfield Zoning Ordinance or is an authorized variance or modification therefrom. 156. Zoning Board of Review. The Zoning Board of the Town of Smithfield, Rhode Island. For purposes of these regulations, said Board of Review serves as the Board of Appeal. It is also known from time to time as the Platting Board of Appeal.

Zoning Certificate § 2.2.164

document signed by the Zoning Official, which acknowledges that a use, structure, building or lot either complies with or is legally nonconforming to the provisions of this Ordinance or is a duly authorized variance or approved special use permit in accordance with Article 10 of this Ordinance.

Zoning Map § I-D.147

The maps or maps which are a part of the Zoning Ordinance and which delineate the boundaries of all mapped zoning districts within the physical boundary of the Town of Smithfield.

Zoning Map § I-D.142

The maps or maps which are a part of the Zoning Ordinance and which delineate the boundaries of all mapped zoning districts within the physical boundary of the Town of Smithfield.

Zoning Map § 2.2.166

e Smithfield Zoning Plats which are a part of this Ordinance and which delineate the boundaries of all mapped zoning districts and overlay districts within the physical boundary of the Town as provided in Article 1 of this Ordinance.

Zoning Official § 2.2.165

e officer charged with enforcing this Ordinance pursuant to Article 10 of this Ordinance, hereinafter referred to as the Official.

Zoning Ordinance § I-D.148

An ordinance enacted by the legislative body of the city or town pursuant to this chapter and in the manner providing for the adoption of ordinances in the city or town’s legislative or home rule charter, if any, which sets forth regulations and standards relating to the nature and extent of uses of land and structures, which is consistent with the comprehensive plan of the city or town as defined in chapter 22.2 of this title, which includes a zoning map, and which complies with the provisions of this chapter.

Zoning Ordinance § I-D.143

An ordinance enacted by the legislative body of the city or town pursuant to this chapter and in the manner providing for the adoption of ordinances in the city or town’s legislative or home rule charter, if any, which sets forth regulations and standards relating to the nature and extent of uses of land and structures, which is consistent with the comprehensive plan of the city or town as defined in chapter 22.2 of this title, which includes a zoning map, and which complies with the provisions of this chapter.

Zoning Use District § 2.2.167

e basic unit in zoning to which a uniform set of regulations applies, or a uniform set of regulations for a specified use.

Zoning Use Districts § I-D.149

The basic unit in zoning, either mapped or unmapped, to which a uniform set of regulations applies, or a uniform set of regulations for a specified use. The districts include, but are not limited to: commercial, industrial, office, planned, and residential. Each district may include sub- districts. Land Development and Subdivision Review Regulations Town of Smithfield, RI

Zoning Use Districts § I-D.144

The basic unit in zoning, either mapped or unmapped, to which a uniform set of regulations applies, or a uniform set of regulations for a specified use. The districts include, but are not limited to: commercial, industrial, office, planned, and residential. Each district may include subdistricts.