Definitions — Town of West Greenwich

A. Includes: § 400-4.5

(1) Any commercial establishment where, for any form of consideration, magazines, films, motion pictures, videocassettes, slides or other similar visual photographic representations are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. "Commercial establishment" also includes any place of business that features persons who perform live and expose any specified anatomical area or appear in any state of nudity, including seminude. (2) Any commercial establishment, bookstore, video store or novelty store where at least 20% of the in-store inventory that is held for sale or rental, for any form of consideration, includes any books, videos, magazine, film or other visual photographic representations which are or may be characterized by the depiction or description of specified sexual activities or specified anatomical areas. The descriptions provided within shall serve as examples and are not meant to be exhaustive. (3) Any store or commercial establishment that sells or rents, for any form of consideration, any in-store inventory including instruments, devices, or paraphernalia that may be designed for or may be used in connection with specified sexual activities. B. 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.

ACCESSORY DWELLING UNIT (ADU) § 400-4.1

A residential living unit on the same lot where the principal use is a legally established single-family dwelling unit or multi-family dwelling unit. 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 barn; or a unit that is part of an expanded or remodeled primary dwelling.

ACCESSORY STRUCTURE § 400-4.2

A structure located on the same lot as a principal structure but separate from the principal structure, the use of which is clearly incidental and secondary to the principal structure and which is customarily used in connection with the principal structure.

ADAPTIVE REUSE § 400-4.3

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

ADJUSTMENT(S) § 400-149.1

A request, or requests by the application to seek relief from the literal use and dimensional requirements of the zoning ordinance and/or the design standards or requirements of the land development and subdivision regulations. The standard for the local view board's consideration of adjustments is set forth in R.I.G.L. § 45-53-4(d)(2)(iii)(E)(II).

ADULT ENTERTAINMENT — § 400-4.4

AIR-SUPPORTED STRUCTURE § 400-4.6

(Also known as "air-inflated structures," "air domes," or "membrane structures"). A temporary or permanent structure made from a membrane-like fabric either fully or partially supported by air pressure. An air-supported structure typically has cable restraints, anchoring supports, primary blowers, and/or backup inflation units. Air-supported structures are generally used for warehouse or indoor commercial recreation purposes.

BUILDING OFFICIAL § 400-108.1

The individual charged by the Town with the issuance of building permits.

BUILDING OFFICIAL § 400-108.1

The individual charged by the Town with the issuance of building permits.

CANNABIS CULTIVATOR § 400-196.1

As defined under § 21-28.11-3, Subsection (11), of the Rhode Island Cannabis Act, an entity licensed to cultivate, process and package cannabis, to deliver cannabis to cannabis establishments and to transfer cannabis to other cannabis establishments, but not to consumers.

CANNABIS PRODUCT MANUFACTURER § 400-196.2

As defined under § 21-28.11-3, Subsection (14), of the Rhode Island Cannabis Act, an entity licensed to obtain, manufacture, process and package cannabis and cannabis products, to deliver cannabis and cannabis products to cannabis establishments and to transfer cannabis and cannabis products to other cannabis establishments, but not to consumers.

CANNABIS RETAILER § 400-196.3

As defined under § 21-28.11-3, Subsection (16), of the Rhode Island Cannabis Act, an entity licensed pursuant to § 21-28.11-10.2 to purchase and deliver cannabis and cannabis products from cannabis establishments and to deliver, sell or otherwise transfer cannabis and cannabis products to cannabis establishments and to consumers.

CANNABIS TESTING LABORATORY § 400-196.4

As defined under § 21-28.11-3, Subsection (17), of the Rhode Island Cannabis Act, a third-party analytical testing laboratory that is licensed annually by the Commission, in consultation with the Department of Health, to collect and test samples of cannabis and cannabis products pursuant to regulations issued by the Commission and is: (i) independent financially from any medical cannabis treatment center or any licensee or cannabis establishment for which it conducts a test; and (ii) qualified to test cannabis in compliance with regulations promulgated by the Commission pursuant to this chapter. The term includes, but is not limited to, a cannabis testing laboratory as provided in § 21-28.11-11.

CERTIFICATE OF COMPLETENESS § 400-4.7

A notice issued by the administrative officer informing the applicant that the application is completed and meets the requirements of the regulations, and that the applicant may proceed with the approval process.

CLUSTER § 400-186.1

A site planning technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space and/or preservation of environmentally, historically, culturally or other sensitive features and/or structures. The techniques used to concentrate buildings shall be specified in the ordinance and may include, but not be limited to, reduction in lot areas, setback requirements and/or bulk requirements, with the resultant open land being devoted by deed restrictions for one or more uses. Under cluster development there is no increase in the number of lots that would be permitted under conventional development.

CLUSTER LOT § 400-186.2

A lot within a conservation design development with reduced dimensional requirements as compared to a conventional lot meeting the requirements of this chapter.

COMMUNICATIONS ANTENNA ARRAY § 400-130.1

The antenna or antennas from which wireless radio signals are sent and received by a personal wireless service facility as defined by the Telecommunications Act of 1996. It may include up to 12 antennas in one array and one microwave antenna for the exclusive use of the carrier in transmitting its own signals. It may also include an equipment shelter as an accessory use.

COMMUNICATIONS ANTENNA ARRAY § 400-130.1

The antenna or antennas from which wireless radio signals are sent and received by a personal wireless service facility as defined by the Telecommunications Act of 1996. It may include up to 12 antennas in one array and one microwave antenna for the exclusive use of the carrier in transmitting its own signals. It may also include an equipment shelter as an accessory use.

COMMUNICATIONS TOWER § 400-130.2

A freestanding structure used for the location of one or more communications antenna arrays. It may also include an equipment shelter as an accessory use.

COMMUNICATIONS TOWER § 400-130.2

A freestanding structure used for the location of one or more communications antenna arrays. It may also include an equipment shelter as an accessory use.

COMPASSION CENTER § 400-196.5

As defined in R.I.G.L. § 21-28.6-3, a not-for-profit corporation, subject to the provisions of Chapter 6 of Title 7, and registered under R.I.G.L. § 21-28.6-12, that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies or dispenses medical marijuana, and/or related supplies and educational materials, to patient cardholders and/or their registered caregiver cardholder, who has been designated as one of the cardholder's primary caregivers. [Amended 7-11-2018]

CONSERVATION RESTRICTION § 400-186.3

A right to prohibit or require a limitation upon or an obligation to perform acts on or with respect to or use of a land or water area, whether stated in the form of a restriction, easement, covenant or condition, in any deed, will, or other instrument executed by or on behalf of the owner of the area or in any order of taking, which right, limitation, or obligation is appropriate to retain or maintain the land or water area, or is appropriate to provide the public the benefit of the unique features of the land or water area, including improvements thereon predominantly in its natural, scenic, or open condition, or in agricultural, farming, open space, wildlife or forest use, or in other use or condition consistent with the protection of environmental quality.

CONSISTENT WITH LOCAL NEEDS § 400-149.2

Reasonable in view of the state need for low- and moderate-income housing, considered with the number of low-income persons in the Town affected and the need to protect the health and safety of the occupants of the proposed housing or of the residents of the Town, to promote better site and building design in relation to the surroundings, or to preserve open spaces, and if the zoning ordinance, requirements, and regulations are applied as equally as possible to both subsidized and unsubsidized housing.

CUSTOMARY HOME OCCUPATION § 400-4.8

Any occupation, profession, activity, or use that is clearly a customary, incidental, and accessory use of a residential dwelling unit carried out for gain by a resident, and which does not alter the exterior of the property or affect the residential character of the neighborhood.

ELDERLY AND/OR HANDICAPPED FAMILY APARTMENT § 400-4.9

A one-bedroom apartment unit to be included as an integral portion of a single-family dwelling that is designed for use by immediate family members of the resident(s) of the main dwelling space, in order to facilitate needed care and assistance and a degree of independent living.

EQUIPMENT SHELTER § 400-130.3

An enclosed structure, cabinet, shed or box used in conjunction with a communications array to house electrical equipment, batteries and emergency electrical generators.

EQUIPMENT SHELTER § 400-130.3

An enclosed structure, cabinet, shed or box used in conjunction with a communications array to house electrical equipment, batteries and emergency electrical generators.

FARM § 400-199.1

Agricultural land, together with principal and accessory buildings, upon which agricultural operations are conducted.

FARM ENTERPRISE § 400-199.2

An agricultural- or silvicultural-based process, activity or use of a farm that is subordinate to and conducted in conjunction with an ongoing bona fide agricultural, horticultural or silvicultural operation. Activities of a farm enterprise may include, but are not limited to, the following uses: farm tours, classes and/or conferences related to agricultural production and skills, petting, feeding and viewing of farm animals, hayrides, annual festivals, crop mazes, paintball, animal walks, and horse and pony rides.

FARM EVENTS § 400-199.3

In addition to allowable farm enterprise uses, farms may, as an accessory use, host events that are not agricultural in nature but provide a means to promote and/or increase the exposure of the agricultural operation. Such events are classified into the following categories: educational conferences, fundraisers for nonprofit entities, and other personal recognition special events, except that weddings are prohibited.

FARMER'S BREWERY § 400-4.10

A brewery that is located on a farm of no less than five acres and that produces beer which is manufactured with at least one primary ingredient (hops or grain) grown on the farm and whose annual production does not exceed 150,000 gallons of beer, and where customers would have the opportunity to tour the farm and try small samples (three ounces or less), and purchase bottles (of up to 64 ounces each) to take home and consume off-site. A farm brewery may also sell beer wholesale to retailers with the appropriate state license. A farm brewery must have the appropriate state license to operate a brewery.

FARMER'S WINERY § 400-4.11

A winery as defined under R.I.G.L. § 3-6-1.1.

GRAVEL BANK § 400-108.2

A lot or parcel of land or portion thereof which is used for the primary or principal purpose of extracting stone, sand, gravel, loam or other earth materials; or the removal of 20,000 cubic yards of material.

GRAVEL BANK § 400-108.2

A lot or parcel of land or portion thereof which is used for the primary or principal purpose of extracting stone, sand, gravel, loam or other earth materials; or the removal of 20,000 cubic yards of material.

HOMESTEAD LOT § 400-186.4

A minimum ten-acre lot created as part of a conservation design development, primarily used for a private residence, with a secondary use contributing towards one or more purposes of conservation design development. (An applicant may wish to include a minimum 11 acres for a homestead lot so that it may qualify for the farm, forest and open space tax program.)

HYBRID CANNABIS RETAILER § 400-196.6

Under § 21-28.11-3, Subsection (28), of the Rhode Island Cannabis Act, a compassion center licensed pursuant to Chapter 28.6 of Title 21 that is in good standing with the Department of Business regulation and that has paid the fee pursuant to § 21-28.11-10 and has been authorized to sell nonmedical or adult use cannabis to consumers.

INFEASIBLE § 400-149.3

Any condition brought about by any single factor or combination of factors, as a result of limitations imposed on the development by conditions attached to the approval of the comprehensive permit, to the extent that it makes it financially or logistically impracticable for any applicant to proceed in building or operating low- or moderate-income housing, within the limitations set by the subsidizing agency of government or local review board, on the size or character of the development, on the amount or nature of the subsidy, or on the tenants, rentals, and income permissible, and without substantially changing the rent levels and unit sizes proposed by the applicant.

LAND DEVELOPMENT PROJECT § 400-186.5

See R.I.G.L. § 45-24-31. [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

LETTER OF ELIGIBILITY § 400-149.4

A letter issued by the Rhode Island housing and mortgage finance corporation in accordance with R.I.G.L. § 42-55-5.3(a).

LOCAL REVIEW BOARD § 400-149.5

The Planning Board.

LOW- OR MODERATE-INCOME HOUSING § 400-4.12

This term shall be synonymous with "affordable housing" as defined in R.I.G.L. § 42-128-8.1, and further means any housing whether built or operated by any public agency or any nonprofit organization or by any limited equity housing cooperative or any private developer, that is subsidized by a federal, state, or municipal government subsidy under any program to assist the construction or rehabilitation of affordable housing and that will remain affordable through a land lease and/or deed restriction for 99 years or such other period that is either agreed to by the applicant and Town or prescribed by the federal, state, or municipal government subsidy program but that is not less than 30 years from initial occupancy.

LOW- OR MODERATE-INCOME HOUSING § 400-149.6

Shall be synonymous with "affordable housing" as defined in R.I.G.L. § 42-128-8.1, and further means any housing whether built or operated by any public agency or any nonprofit organization or by any limited equity housing cooperative or any private developer, that is subsidized by a federal, state, or municipal government subsidy under any program to assist the construction or rehabilitation of affordable housing and that will remain affordable through a land lease and/or deed restriction for 99 years or such other period that is either agreed to by the applicant and Town or prescribed by the federal, state, or municipal government subsidy program but that is not less than 30 years from initial occupancy.

MEDICAL MARIJUANA CULTIVATION CENTER § 400-196.7

Any entity that, under state law, may acquire, possess, cultivate, manufacture, deliver, transfer, transport, or supply marijuana to a registered compassion center or other entity authorized to dispense marijuana.

MEDICAL MARIJUANA EMPORIUM § 400-196.8

Any retail or commercial establishment, or club, whether for-profit, nonprofit, or otherwise, at which the sale or use of medical marijuana takes place. This shall include without limitation any so-called "vape lounge," "vapor lounge," or any other establishment at which medical marijuana is consumed in vaporized form. This shall not include a compassion center regulated and licensed by the State of Rhode Island, as defined herein. Editor's Note: The definition of "recreational marijuana retail outlet/cultivation center," added 2-16-2021, which immediately followed this definition, was repealed 1-4-2023.

MEETING LOCAL HOUSING NEEDS § 400-149.7

As a result of the adoption of the implementation program of an approved affordable housing plan, the absence of unreasonable denial of applications that are made pursuant to an approved affordable housing plan in order to accomplish the purposes and expectations of the approved affordable housing plan, and a showing that at least 20% of the total residential units approved by a local review board or any other municipal board in a calendar year are for low- and moderate-income housing as defined in R.I.G.L. § 42-128-8.1.

MICROBREWERY § 400-4.13

A facility for the production and packaging of malt beverages of low alcoholic content for wholesale distribution with a capacity of less than 15,000 barrels per year and may include a tasting room open to the public.

MICRODISTILLERY § 400-4.14

A facility for the production and packaging of alcoholic beverages in quantities not to exceed 12,000 gallons per year and may include a tasting room open to the public.

MICROWINERY § 400-4.15

A facility for the production and packaging of any alcoholic beverages obtained by the fermentation of the natural contents of fruits or vegetables, containing sugar, including such beverages when fortified by the addition of alcohol or spirits, in quantities not to exceed 25,000 gallons per year and may include a tasting room open to the public.

MONITORING AGENTS § 400-149.8

Those monitoring agents appointed by the Rhode Island Housing Resources Commission pursuant to R.I.G.L. § 45-53-3.2 and to provide the monitoring and oversight set forth in this chapter, including, but not limited to, R.I.G.L. §§ 45-53-3.2 and 45-53-4.

MULTIFAMILY DWELLING § 400-4.16

A building consisting of three or more separate dwelling units and/or townhouses, row houses, apartments and/or condominiums to be owned, leased or rented by individuals and/or families. A multifamily dwelling includes low- or moderate-income housing pursuant to R.I.G.L. § 45-53-1 et seq.

PERSON § 400-108.3

Any individual, corporation, partnership or any other entity; and the singular shall include the plural.

PERSON § 400-108.3

Any individual, corporation, partnership or any other entity; and the singular shall include the plural.

QUARRY § 400-4.17

A lot, or parcel of land, or portion thereof, which is used for the primary or principal commercial purpose of extracting ledge, bedrock, and similar material, as by cutting or blasting, for sale or use at a site removed from the place of extraction.

SOLAR ENERGY SYSTEM § 400-204.1

A device or specific-use structural design feature, a substantial purpose of which is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, electricity generation, or water heating.

SOLAR ENERGY SYSTEM § 400-204.1

A device or specific-use structural design feature, a substantial purpose of which is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, electricity generation, or water heating.

SOLAR ENERGY SYSTEM, BUSINESS ACCESSORY § 400-204.2

A solar energy system that is accessory to a business and that produces no more than twice the electricity needed for the business.

SOLAR ENERGY SYSTEM, BUSINESS ACCESSORY § 400-204.2

A solar energy system that is accessory to a business and that produces no more than twice the electricity needed for the business.

SOLAR ENERGY SYSTEM, COVERED PARKING ACCESSORY USE § 400-204.3

A solar energy system that is structurally mounted to the ground, yet additionally maintains a permanent function to park vehicles under. This shall only be permitted as an accessory use.

SOLAR ENERGY SYSTEM, COVERED PARKING ACCESSORY USE § 400-204.3

A solar energy system that is structurally mounted to the ground, yet additionally maintains a permanent function to park vehicles under. This shall only be permitted as an accessory use.

SOLAR ENERGY SYSTEM, GROUND-MOUNTED § 400-204.4

A solar energy system that is structurally mounted to the ground and is not roof-mounted.

SOLAR ENERGY SYSTEM, GROUND-MOUNTED § 400-204.4

A solar energy system that is structurally mounted to the ground and is not roof-mounted.

SOLAR ENERGY SYSTEM, LIMITED § 400-204.5

A solar energy system that has a rated nameplate capacity of no more than 1 MW AC and occupies no more than four acres of surface area, including inter-row and panel/collector spacing.

SOLAR ENERGY SYSTEM, LIMITED § 400-204.5

A solar energy system that has a rated nameplate capacity of no more than 1 MW AC and occupies no more than four acres of surface area, including inter-row and panel/collector spacing.

SOLAR ENERGY SYSTEM, ROOF-MOUNTED § 400-204.6

A solar energy system that is structurally mounted to or structurally ballasted on the roof of a building or structure; includes solar shingles.

SOLAR ENERGY SYSTEM, ROOF-MOUNTED § 400-204.6

A solar energy system that is structurally mounted to or structurally ballasted on the roof of a building or structure; includes solar shingles.

SPECIFIED ANATOMICAL AREAS § 400-4.18

Any of the following: A. The genitals of the human male which may be found in a discernibly turgid state, even if completely and opaquely covered; or B. Less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the areola.

SPECIFIED SEXUAL ACTIVITIES § 400-4.19

Any of the following: A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy.

TOWN ENGINEER § 400-108.4

The individual(s) or company contracted or employed by the Town to provide engineering services to the municipality.

TOWN ENGINEER § 400-108.4

The individual(s) or company contracted or employed by the Town to provide engineering services to the municipality.

TOWN PLANNER § 400-108.5

The individual charged by the Town with municipal planning duties.

TOWN PLANNER § 400-108.5

The individual charged by the Town with municipal planning duties.

YARD § 400-4.20

The area on the same lot with a principal building or structure which is unoccupied and unobstructed by buildings or structures from the ground to the sky, except as otherwise herein provided, and shall include: A. FRONT YARD— The area extending across the full width of the lot between a street line and a line parallel thereto drawn through the nearest point of the principal structure. B. REAR YARD— The area extending across the full width of the lot between the principal building and rear lot line, and measured perpendicular from the rear lot line to the closest point of the principal building. C. SIDE YARD— The area extending from the front yard to the rear yard between the principal building and the side lot line, and measured perpendicular from the side lot line to the closest point of the principal building.

ZONING PERMIT § 400-4.21

The permit required under the provisions of § 400-7B hereof to be issued by the Building Official to authorize any new construction of buildings, structures or signs, or the alteration of existing buildings, structures or signs, or construction of other improvements.