Definitions

[Amended 10-11-2017; 11-8-2017; 7-11-2018; 2-15-2023; 12-13-2023; 2-12-2025; 11-19-2025]

In order to clarify and simplify the wording, to eliminate ambiguity and to avoid unnecessary delay in interpretation and application of this chapter, certain words, terms and phrases used herein shall be interpreted as follows. Where any words and phrases are also or additionally defined in R.I.G.L. § 45-24-31, the definitions found in state law are controlling.

ACCESSORY DWELLING UNIT (ADU) — 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 — 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 — 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.

ADULT ENTERTAINMENT —

A. Includes:
- (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.

AIR-SUPPORTED STRUCTURE — (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.

CERTIFICATE OF COMPLETENESS — 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.

CUSTOMARY HOME OCCUPATION — 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 — 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.

FARMER'S BREWERY — 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 — A winery as defined under R.I.G.L. § 3-6-1.1.

LOW- OR MODERATE-INCOME HOUSING — 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.

MICROBREWERY — 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 — 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 — 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.

MULTIFAMILY DWELLING — 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.

QUARRY — 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.

SPECIFIED ANATOMICAL AREAS — 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 — 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.

YARD — 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 — 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.