Definitions — Town of Westerly

ABANDONMENT § 260-9.1

Some overt act or failure to act which would lead one to believe that the owner of the nonconforming use neither claims nor retains any interest in continuing the nonconforming use unless the owner can demonstrate an involuntary interruption of nonconforming use, such as by fire and natural catastrophe, does not establish the intent to abandon the nonconforming use. However, if any nonconforming use is halted for a period of one year, the owner of the nonconforming use will be presumed to have abandoned the nonconforming use, unless that presumption is rebutted by the presentation of sufficient evidence of intent not to abandon the use.

ABUTTER § 260-9.2

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

ABUTTING LOT § 260-9.3

Two or more lots of record which have one or more common boundary.

ACCESSORY FAMILY DWELLING UNIT § 260-9.4

A subordinate dwelling unit to an owner-occupied single-family dwelling, which is occupied by 1) a family member with disabilities, 2) family members who are 62 years of age or older, 3) other family members, or 4) a caregiver of the occupant or occupants of the primary dwelling. An accessory dwelling unit shall be within, or attached to, the primary dwelling-unit structure and designed so that the appearance of the principal structure remains as a single-family dwelling unit. No more than one accessory dwelling unit shall be permitted on a lot. This use shall comply with the requirements in R.I.G.L. § 45-24-37(e).

ADULT ENTERTAINMENT BUSINESS § 260-9.5

An adult entertainment business is: [Added 4-9-2007 by Ch. No. 1598] (1) Any commercial establishment or business where any individual, employee, operator or owner works or performs in the nude, nudity meaning the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple and below, or showing of the covered male genitals in a discernibly turgid state; or (2) Any commercial establishment or business that displays actual or simulated acts of sexual activity by clothed or nude individuals, either live or on film, videotape or by electronic means, intended to provide sexual stimulation or sexual gratification; or (3) Any commercial establishment whose major business is the sale of books, magazines, or other printed material, or movies, films, DVDs, other video reproductions, or novelty items intended to provide sexual stimulation or sexual gratification.

AFFORDABLE HOUSING § 260-50.1.1

Year-round housing that has a sale price that is within the means of a household of moderate income or less, as that term is defined by the Comprehensive Housing Production and Rehabilitation Act of 2004, RIGL 42-128-8.1(d), as amended. Year-round rental housing must have a rent that is within the means of a low-income household.

AGGRIEVED PARTY § 260-9.6

For purposes of this chapter: (1) Any person or persons or entity or entities who can demonstrate that their property will be injured by a decision of any official or agency responsible for administering this chapter; or (2) Anyone requiring notice pursuant to pertinent provisions of this chapter.

AGRICULTURAL LAND § 260-9.7

Land suitable for agriculture by reason of suitability of soil or other natural characteristics or past use for agricultural purposes.

APPLICANT § 260-9.8

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

APPLICATION § 260-9.9

The completed form or forms and all accompanying documents, exhibits, and fees required of an applicant by this chapter or the Zoning Official, Planning Board, Zoning Board of Review, or Town Council for development plan review, approval, or permitting purposes.

APPROVED AFFORDABLE HOUSING PLAN § 260-50.1.2

An affordable housing plan that the Director of the Rhode Island Department of Administration has approved as meeting the guidelines for a comprehensive plan as promulgated by the State Planning Council.

AQUIFER § 260-9.10

A geologic formation capable of yielding significant amounts of water.

AQUIFER AREAS § 260-9.11

The groundwater reservoirs and portions of the surrounding stratified drift.

ART STUDIO - COMMERCIAL § 260-9.14

A commercial establishment where an art, type of exercise, or activity is taught, practiced, or studied, such as dance, martial arts, photography, music, painting, gymnastics, or yoga. An art studio - commercial may have performance space related to the classes taught on site. For purposes of this definition, the usable space of the facility shall not exceed 3,500 square feet.

ART STUDIO - GENERAL § 260-9.13

A studio for artist activities, such as painting, sculpture, photography, or video art, with little to no outside impacts.

ARTIST STUDIO - ARTISAN MANUFACTURING § 260-9.12

"Artisan manufacturing" means the shared or individual use of hand tools, mechanical tools and electronic tools for the manufacture of finished products or parts, including design, processing, fabrication, assembly, treatment and packaging of products, as well as the incidental storage, sales and distribution of such products. Typical artisan manufacturing uses include, but are not limited to, electronic goods, food and bakery products; alcoholic beverages; nonalcoholic beverages; printmaking; household appliances; leather products; jewelry and clothing/apparel; metal work; furniture; glass or ceramic production; paper manufacturing. Artist taught classes offered to the public are permitted within the studio. For purposes of this definition, the usable space for fabrication shall not exceed 1,500 square feet.

ASSISTED LIVING § 260-9.15

A complex including common area for dining and other services and rooms and suites of rooms providing individual bathroom facilities with limited cooking facilities consisting of a microwave and stove top occupied by individuals age 55 or older or who are disabled. [Amended 5-15-2000 by Ch. No. 1300; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

BED-AND-BREAKFAST § 260-9.16

See § 260-54.

BUFFER § 260-9.17

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.

BUILDING § 260-9.18

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

BUILDING ENVELOPE § 260-9.19

The three-dimensional space within which a structure is permitted to be built on a lot, and which is defined by regulations governing building setbacks, maximum height, and bulk.

BUILDING HEIGHT § 260-9.20

See § 260-20, Standard dimensional regulations. [Amended 3-9-2015 by Ch. No. 1833; 3-25-2019 by Ch. No. 1953; 10-26-2020 by Ch. No. 1997]

BUILDING LINE § 260-9.21

A line generally parallel to the street line and extending between side lot lines, and running along the front of the principal building closest to the street as it is actually located on the lot.

BUILDING LOT, RESIDENTIAL CLUSTER § 260-9.22

A lot which is occupied or designated for occupancy by a residential structure and its accessory structure in a residential cluster development.

BUILDING SETBACK LINE OR LINES § 260-9.23

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.

CAPACITY OF LAND § 260-9.24

The suitability of the land, as defined by geology, soil conditions, topography, and water resources, to support its development for uses such as residential, commercial, industrial, open space or recreation. Land capacity may be modified by provision of facilities and services.

CAREGIVER § 260-9.25

As used in the context of an accessory family dwelling unit, this term refers to a person who provides a broad range of assistance for an older adult or an adult or child with chronic or disabling conditions. As way of explanation, this term includes a "caregiver" as defined by R.I.G.L. § 23-17.27-1(2) and "family caregiver" as defined by R.I.G.L. § 40-8.11-2(b).

CEMETERY § 260-9.26

A place where the dead are buried. For purposes of this chapter a cemetery must have a minimum of 20 acres.

CHILD-CARE CENTER § 260-9.27

Any day-care center which provides day time child care for more than six children and is not located in the home of the day care provider.

CLUB § 260-9.28

A corporation subject to the provisions of RIGL 7-6, owning, hiring or leasing a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members, and whose affairs are conducted by a board of directors, executive committee or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents or employees profit from the distribution or sale of beverages to the members of the club or to its guests, beyond the amount of such reasonable salary or wages as may be fixed and voted each year by the directors or other governing body.

CLUSTER DEVELOPMENT § 260-9.29

A development 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 are specified in this chapter and include reduction in lot areas, setback requirements, and/or bulk requirements, with the resultant open land being devoted by deed restrictions to one or more uses. Under cluster development there is no increase in the number of lots that would be permitted under conventional development except where ordinance provisions include incentive bonuses for certain types or conditions of development. (See § 260-46.)

COMMON OWNERSHIP § 260-9.30

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

COMMUNITY RESIDENCE § 260-9.31

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: (1) Whenever six or fewer children or adults with retardation reside in any type of residence in the community, as licensed by the state pursuant to RIGL 40.1-24. All requirements pertaining to local zoning are waived for these community residences; (2) A group home providing care or supervision, or both, to not more than eight persons with disabilities, and licensed by the state pursuant to RIGL 40.1-24; (3) A residence for children providing care or supervision, or both, to not more than eight children including those of the caregiver and licensed by the state pursuant to RIGL 72.1-42; (4) A community transitional residence providing care or assistance, or both, to no more than six unrelated persons or no more than three families, not to exceed a total of eight persons requiring temporary financial assistance, and/or to persons who are victims of crimes, abuse, or neglect, and who are expected to reside in that residence not less than 60 days nor more than two 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 § 260-9.32

The Comprehensive Plan adopted and approved by the Westerly Town Council pursuant to RIGL 45-22.2 and to which any zoning regulation adopted pursuant to this chapter shall be in compliance.

CONGREGATE HOUSING § 260-9.33

A complex including common area for dining and other services and rooms and suites of rooms providing individual bathroom facilities with full kitchen facilities occupied only by individuals age 55 or over or who are disabled. [Amended 5-15-2000 by Ch. No. 1300; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

CONSERVATION RESTRICTION § 260-9.34

A limitation upon or with respect to the use of land stated in the form of a restriction, easement, covenant or condition, in a deed or other instrument executed by the owner of an area to maintain the land predominantly in its natural or scenic or open condition or in open space and/or open space for use as recreational land. Such conservation restriction shall be governed by and have the attributes set forth in RIGL 34-39-1 et seq.

CONSISTENT WITH LOCAL NEEDS — § 260-50.1.3

A. Reasonable in view of the state's need for low- and moderate-income housing, considered with the number of low-income persons in Westerly; and (1) The need to protect the health and safety of the community; or (2) The need to promote better site design and building design in relation to the surroundings; or (3) The need to preserve open spaces. B. Not designed or intended to exclude low- and moderate-income residents from Westerly or to discourage or frustrate the likelihood of success of a project. C. Applied as equally as possible to both subsidized and unsubsidized housing.

DAY-CARE CENTER § 260-9.35

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

DAY-CARE HOME, FAMILY § 260-9.36

Any home other than the individual's home in which day care in lieu of parental care or supervision is offered at the same time to six or fewer individuals who are not relatives of the caregiver, but may not contain more than a total of eight individuals receiving day care.

DENSITY, RESIDENTIAL § 260-9.37

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

DEVELOPMENT § 260-9.38

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

DEVELOPMENT PLAN REVIEW § 260-9.39

he process whereby authorized local officials review the development plans, maps and other documentation of a development to determine compliance with the purposes and standards of this chapter and as further described in § 260-45.

DISCHARGE § 260-9.40

To groundwater the intentional, negligent, accidental, or other release of any pollutant onto or beneath the land surface, in a location where it is likely to enter the groundwater of the Town.

DISTRICT § 260-9.41

See "zoning use district."

DRAINAGE SYSTEM § 260-9.42

A system for the removal of water from land by drains, grading or other appropriate means, including runoff controls to minimize erosion and sedimentation during and after construction or development, means for preserving surface and groundwaters, and means for prevention and/or alleviation of flooding.

DRIVE-THROUGH FACILITY § 260-9.43

Any building or portion of a building or structure from which business may be transacted directly with customers in motor vehicles.

DWELLING UNIT § 260-9.44

A structure, or portion of a structure, providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, and containing a separate means of ingress and egress. [Amended 9-21-2020 by Ch. No. 1995; 10-26-2020 by Ch. No. 1997]

EARTH REMOVAL § 260-9.45

The extraction, quarrying or removal of any soil, loam, sand, gravel, stone, granite, clay, shale or other earth materials from deposits on any tract of land on which it is found, excluding, however, earth removal necessary for the development of a site. (See, for comparison, definition of "extractive industry.")

EFFLUENT § 260-9.46

Liquid that is discharged from a facility.

EXTRACTIVE INDUSTRY § 260-9.47

One that is engaged in the extraction of minerals including solids, such as coal and ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes quarrying; well operation; milling, such as crushing, screening, washing and flotation; and other preparation customarily done at the extraction site or as a part of the extractive activity.

FAMILY § 260-9.48

A person or persons related by blood, marriage or other legal means or one or more persons living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit. FLOODPLAINS or FLOOD HAZARD AREA — An area that has a one-percent or greater chance of inundation in any given year, as delineated by federal emergency agency pursuant to the National Flood Insurance Act of 1968, as amended (P.L. 90-448). (See also RIGL 45-22.2-4.)

FLOOR AREA RATIO § 260-9.49

The ratio of a building's gross floor area to the area of the lot on which the building is located.

FREEBOARD § 260-9.50

A factor of safety expressed in feet above the base flood elevation (BFE) within a special flood hazard area for purposes of floodplain management. The Town of Westerly has adopted a required minimum freeboard standard in § 260-20. [Added 10-21-2013 by Ch. No. 1800; amended 10-26-2020 by Ch. No. 1997]

GASOLINE SERVICE STATION § 260-9.51

Buildings and lots where gasoline, oil, grease, batteries, tires and automobile accessories are sold at retail, and where, in addition, only the following services may be rendered: sale and servicing of spark plugs, batteries and distributor parts; tire servicing and repair but not recapping or regrooving; replacement of mufflers and tail pipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors and the like; radiator cleaning and flushing; washing and polishing, and sale of automotive washing and polishing materials; greasing and lubrication; providing and repairing fuel pumps, oil pumps and lines; minor servicing and repair of carburetors; emergency wiring repair; adjusting and repairing brakes; minor motor adjustments; sales of hot and cold drinks, packaged or prepared foods, tobacco, dairy products, newspapers and similar convenience goods, as accessory and incidental to the principal use; provision of road maps and other informational material to customers; provision of rest-room facilities.

GROSS FLOOR AREA § 260-9.52

The sum of the gross horizontal areas of all floors of a building, measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. Gross floor area does not include basements when at least 1/2 the floor-to-ceiling height is below grade, attic space having a floor-to-ceiling height less than seven feet, exterior balconies, uncovered steps, or inner courts.

GROUNDWATER § 260-9.53

Groundwater and associated terms as defined in RIGL 46-13.1-3.

HALFWAY HOUSE § 260-9.54

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.

HARDSHIP § 260-9.55

See RIGL 45-24-41. HAZARDOUS or TOXIC MATERIAL(S) — Any substance or combination of substances which, because of quantity, concentration or physical, chemical, or infectious characteristics, poses a significant present or potential hazard to water supplies or to human health.

HAZARDOUS WASTE § 260-9.56

Hazardous waste as defined in the Rhode Island Department of Environmental Management Rules and Regulations for Hazardous Waste Generation, Transportation, Treatment, Storage and Disposal, 1988, and amendments thereto.

HISTORIC OR CULTURAL RESOURCE § 260-9.57

Any real property, structure, natural object, place, landmark, landscape, archaeological site or configuration or any portion or group of the preceding which has been listed on the federal or state register of historic places or that is considered by the Rhode Island Historical Preservation & Heritage Commission to meet the eligibility criteria for listing on the state register of historic places pursuant to RIGL 42-45-5 or is located in a historic district established by a municipality in accordance with RIGL 45-24.1, Historic Area Zoning.

HOME OCCUPATION § 260-9.58

Any business, occupation or activity for gain undertaken by a legal resident of the property, within a residential structure, that is incidental and secondary to the use of that structure as a dwelling unit, in accordance with § 260-65 of this chapter. [Amended 2-28-2011 by Ch. No. 1744]

HOTEL § 260-9.59

A building or group of buildings providing rooms without in-room cooking facilities for transient lodging with at least 75% of the rooms having primary access through a main lobby, except that limited cooking facilities consisting of a range with oven, microwave, dishwasher and refrigerator of no more than 11 cubic feet may be included in units, provided that where such facilities exist, no individual shall occupy the unit as a permanent residence, and in any event shall not occupy the unit for more than 10 consecutive weeks. [Amended 5-15-2000 by Ch. No. 1300; 11-29-2010 by Ch. No. 1734]

HOUSEHOLD § 260-9.60

One or more persons living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas of 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. An individual household shall consist of any one of the following: (1) A family, which may also include servants and employees living with the family; or (2) A person or group, not exceeding three unrelated persons, living together.

IMPERVIOUS SURFACE § 260-9.61

Any material that reduces, impedes or slows infiltration or absorption of stormwater directly into the ground, including building, asphalt, concrete, granite, stone and other surfaces. Impervious surface shall not include graveled driveways, graveled parking or other construction elements or techniques deemed to be pervious based on competent evidence presented to the Zoning Official.

INCLUSIONARY DWELLING UNIT § 260-50.1.5

A low- or moderate-income dwelling unit developed pursuant to an inclusionary zoning provision.

INCLUSIONARY ZONING § 260-50.1.4

A zoning ordinance provision that requires the development of low- or moderate-income housing as part of residential development.

INFRASTRUCTURE § 260-9.62

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

INN § 260-9.63

A building accommodating overnight guests, having a dining area with kitchen and food preparation area, having exterior siding such as wood clapboards or shingles, porches, verandas, latticework, and other architectural features in keeping with the residential character of the neighborhood.

JUNKYARD § 260-9.64

The use of any lot, whether inside or outside a building, which is maintained, or operated or used for the storing, keeping, buying or selling of junk, scrap materials, or the dismantling or demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.

KENNEL § 260-9.65

See § 260-79.

LAND § 260-9.66

Real property including improvements and fixtures on, above, or below the surface.

LAND DEVELOPMENT PROJECT § 260-9.67

A project in which one or more lots, tracts, or parcels of land are to be developed or redeveloped as a coordinated site for a complex of uses, units, or structures, including but not limited to planned development and/or cluster development for residential, commercial, institutional, recreational, open space, and/or mixed uses as may be provided for in the Zoning Ordinance and as further described in § 260-45.1. [Amended 9-21-2020 by Ch. No. 1995; 10-26-2020 by Ch. No. 1997]

LAND UNSUITABLE FOR DEVELOPMENT § 260-50.1.6

Land that cannot be included in the buildable acreage of a parcel when calculating the maximum number of lots or dwelling units permitted. Land unsuitable for development consists of wetlands as they are defined by state law but not wetland buffers, land in any public or private easement on which electrical transmission lines or other aboveground structures are built, and areas with a slope greater than 15%.

LODGING HOUSE/GUESTHOUSE § 260-9.68

See § 260-54.

LOT § 260-9.69

Either: (1) The basic development unit for determination of lot area, depth, and other dimensional regulations; or (2) 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 § 260-9.70

The total area within the boundaries of a lot, excluding any street right-of-way, usually reported in acres or square feet.

LOT AREA, MINIMUM § 260-9.71

The smallest land area established by the local zoning ordinance upon which a use, building or structure may be located in a particular zoning district.

LOT COVERAGE § 260-9.73

That a portion of the lot that is or may permissibly be impervious expressed as a percentage of the total lot area.

LOT DEPTH § 260-9.74

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 § 260-9.75

That portion of a lot abutting a street.

LOT LINE § 260-9.76

A line of record, bounding a lot, which divides one lot from another lot or from a public or private street or any other public or private space and shall include: (1) FRONT LOT LINE The lot line separating a lot from a street right-of-way. (2) 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 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line; and (3) SIDE LOT LINE Any lot line other than a front or rear lot line.

LOT SIZE, MINIMUM § 260-9.77

See "minimum lot area."

LOT WIDTH § 260-9.78

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, CORNER § 260-9.72

A lot at the junction of and fronting on two or more intersecting roads or streets.

LOW- AND MODERATE-INCOME HOUSING § 260-50.1.7

Housing that counts toward satisfying a community's goal of maintaining 10% of its housing stock as affordable. The housing must be: A. Affordable to low- or moderate-income households, as defined by state law; B. Subsidized by a federal, state, or town program intended to assist in providing affordable housing; and C. Affordable through a deed restriction or land lease for at least 99 years from initial occupancy.

LOW-INCOME HOUSEHOLD § 260-50.1.8

A household with an adjusted gross income that is 80% or less of the area median income. See the Rhode Island Low- and Moderate-Income Housing Act, RIGL 45-53-3(5).

MARINA § 260-9.79

A facility for storing, servicing, fueling, berthing, and securing and launching of boats that may include the sale of fuel and incidental supplies for the boat owners, crews, and guests. (See § 260-75.)

MERE INCONVENIENCE § 260-9.80

See RIGL 45-24-1.

MIXED-USE DEVELOPMENT § 260-9.81

The use of any structure or group of structures on single or contiguous multiple lots of record for a combination of residential and nonresidential purposes, pursuant to § 260-64.

MOBILE HOME § 260-9.82

A movable or portable one-family vehicular dwelling unit, constructed to be towed on its own chassis, designed to be used without permanent foundation for temporary or permanent living. It may consist of one or more units that can be telescoped when towed and expanded later for additional capacity, or more units separately towable but designed to be joined into one integral unit.

MOBILE HOME PARK § 260-9.83

Lot used for the placement of mobile homes for temporary or permanent use.

MODERATE-INCOME HOUSEHOLD § 260-50.1.9

A household with an adjusted gross income that is more than 80% but less than 120% of the area median income.See the Rhode Island Low- and Moderate-Income Housing Act, RIGL 45-53-3(9). [Amended 9-21-2020 by Ch. No. 1995]

MODIFICATION § 260-9.84

A permission granted and administered by the Zoning Official and pursuant to the provisions of this chapter to grant a dimensional variance other than lot area requirements of this Zoning Ordinance to a limited degree as determined by this Zoning Ordinance, but not to exceed 25% of each of the applicable dimensional requirements.

MOTEL § 260-9.85

A building or group of buildings with connected units not having primary access through a main lobby designed as individual living and/or sleeping quarters for hire without in-room cooking facilities, except that limited cooking facilities consisting of a range with oven, microwave, dishwasher and refrigerator of no more than 11 cubic feet may be included in units, provided that where such facilities exist, no individual shall occupy the unit as a permanent residence, and in any event shall not occupy the unit for more than 10 consecutive weeks. [Amended 5-15-2000 by Ch. No. 1300; 11-29-2010 by Ch. No. 1734]

MULTIFAMILY DWELLING § 260-9.86

A residential building designed for or occupied by four families or more with the number of families in residence not to exceed the number of dwelling units provided.

MUNICIPAL SUBSIDY § 260-50.1.10

Assistance the Town provides for construction or rehabilitation of low- and moderate-income housing to encourage the creation of that housing, and to mitigate the cost of the development, pursuant to RIGL 45-53-3(9). Municipal subsidies include, but are not limited to, density bonuses, and payments from the Town's restricted account containing fees in lieu of construction for the creation of additional low- and moderate-income dwelling units. [Amended 9-21-2020 by Ch. No. 1995]

MUNICIPAL WATER FACILITIES § 260-9.87

Any structure owned by the Town of Westerly used or intended for the retrieval, treatment, storage and/or distribution of potable and/or drinking water; the sheltering of equipment used for such purposes and the operation of any and all equipment and facilities for such purposes. [Added 12-13-2004 by Ch. No. 1520]

NONCONFORMANCE § 260-9.88

A building, structure, or parcel of land, or use thereof, lawfully existing at the time of the adoption or amendment of a Zoning Ordinance and not in conformity with the provisions of such ordinance as amended. (1) Nonconformance shall be of only two types: (a) By use: "Nonconforming by use" means 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 Zoning Ordinance shall be nonconforming by use; or (b) Nonconforming by dimension: "Nonconforming by dimension" means a building, structure, or parcel of land not in compliance with the dimensional regulations of the Zoning Ordinance. (2) A building or structure containing more dwelling units than are permitted by the use regulations of a Zoning Ordinance shall be nonconforming by use; 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.

NONPROFIT ORGANIZATION § 260-9.89

A corporation or an unincorporated association of persons formed for religious, charitable, educational or recreational purposes, no part of the net earnings of which inures to the benefit of any shareholder or individual.

NURSING HOME § 260-9.90

A facility 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.

OCEANFRONT HISTORIC HOTEL § 260-9.91

A hotel located on the oceanfront or an estuarine embayment which has existed as a hotel since at least 1935 and substantially in its current configuration since 1975. To encourage preservation, restoration and/or replication of such hotels, they may be used as limited suite hotels. "Limited suite hotel" means a building or group of buildings with at least 75% of its suites or rooms having access through a principal structure. Suites are limited to a maximum of two bedrooms, a kitchen/dining area, other living area(s) and bathroom(s). Such suites may comprise not more than 2/3 of the total suites and traditional hotel rooms in a limited suite hotel. Such hotels must include publicly accessible elements providing substantial food service, meeting room(s) and beverages. Such hotels may also include accessory facilities such as a fitness center, indoor swimming pool and internally accessible shops. Such hotels are subject to the architectural review provisions of § 260-45F(1). [Added 10-12-2004 by Ch. No. 1510; amended 6-13-2005 by Ch. No. 1544]

OFFICE, GENERAL COMMERCIAL § 260-9.92

A commercial establishment in which the principal use is a personal or professional service, and which does not include the sale of commodities at wholesale or retail which is not part of the professional service. Included in the definition of "office" are medical, insurance, finance, law, engineering or similar professional services.

OPEN SPACE § 260-9.93

Any parcel or area of land or water set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that the area may be improved with only those buildings, structures, streets, and off-street parking and other improvements that are incidental to the natural openness of the land.

OPERATOR § 260-9.94

Any person or persons having control or having legal responsibility for operating or maintaining any facility which is subject to these regulations.

OVERLAY DISTRICT § 260-9.95

A district established in a Zoning Ordinance that is superimposed on one or more districts or parts of districts. The standards and requirements associated with an overlay district may be more or less restrictive than those in the underlying districts, consistent with other applicable state and federal laws.

OWNER § 260-9.96

Any person who holds exclusive or joint title to, or lawful possession of, real or personal property which is subject to these regulations.

PERFORMANCE STANDARDS § 260-9.97

A set of criteria or limits relating to elements which a particular use or process either must meet or may not exceed.

PERMITTED USE § 260-9.98

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

PERSON § 260-9.99

Any natural person, firm, trust, partnership, association or corporation.

PET DAY-CARE FACILITY § 260-9.100

An establishment that provides food, shelter, water and day care for dogs, cats and other similar domestic household pets (collectively "pets") for all or part of the day only. (See § 260-79.1.) [Added 6-8-2020 by Ch. No. 1990]

PETROLEUM PRODUCT § 260-9.101

Crude oil or any fractions thereof and includes substances derived from crude oil including, but not limited to, the following: gasoline, fuel oils, diesel oils, waste oils, gasohol, lubricants, and solvents.

PINBALL OR GAME ROOM § 260-9.102

Any public place, building or room where three or more gaming devices, machines or apparatus are kept for the use and entertainment of the public; or any place where the purpose of such business is to maintain three or more machines, which upon the insertion of a coin, slug, token, plate, disc or in any other manner manipulated, may be operated by the public for use as a game or amusement, whether or not registering a score and whether its operation demands skill or chance or both. The definition of "pinball or game room" shall be limited to places which derive their principal source of income from such machines.

PLANNED DEVELOPMENT § 260-9.103

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 ZONING DISTRICT § 260-9.104

See § 260-48.

PLANT AGRICULTURE § 260-9.105

The growing of plants for food or fiber, to sell or consume.

POLLUTANT § 260-9.106

Any material or effluent which may alter the chemical, physical, biological, or radiological characteristics and/or integrity of water, including but not limited to dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, cellar dirt or industrial, municipal, agricultural, or other waste or material, petroleum or petroleum products, including but not limited to oil.

POLLUTION § 260-9.107

The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.

PREAPPLICATION CONFERENCE § 260-9.108

A meeting to review a proposed development, held between applicants and reviewing agencies as permitted by law and municipal ordinance, before formal submission of an application for a permit or for development approval.

PROFESSIONAL OFFICE § 260-9.109

A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.

RELEASE § 260-9.110

Any spilling, leaking, pumping, pouring, emitting, emptying, injecting, escaping, leaching, dumping, or disposing of any pollutant onto or below the land surface. For purposes of these regulations, "release" also includes any storage, disposal, or abandonment of any substance or material in a manner which presents a substantial threat of release as herein defined.

RESTAURANT § 260-9.111

An establishment that serves food and beverages primarily to persons seated within the building. This includes cafes, tearooms, and outdoor cafes.

RESTAURANT, FAST-FOOD § 260-9.112

Any establishment whose principal business is the sale of foods, frozen desserts, or beverages in ready-to-consume individual servings, for consumption either within the restaurant building or for carry-out, and where either: (1) Foods, frozen desserts, or beverages are usually served in paper, plastic, or other disposable containers, and where customers are not served their food, frozen desserts, or beverages by a restaurant employee at the same table or counter where the items are consumed; or (2) The establishment includes a drive-up or drive-through service facility or offers curb service.

RETAINING WALL § 260-9.113

A vertical exterior structure constructed and erected between lands of different elevations that is used to keep in place soil material or earth fill, protect structures and/or prevent erosion. [Added 9-12-2005 by Ch. No. 1551] ROAD or STREET — Any public or private highway which affords the principal means of access to abutting properties.

SANITARY SEWAGE § 260-9.114

Wastewater associated with human hygiene, routine cleaning and janitorial activities that is discharged from sanitary conveniences (e.g., toilets, sinks, tubs, showers; dishwashers, kitchen sinks; and laundry machines).

SETBACK § 260-9.115

The required minimum horizontal distance between the building line and the related front, side or rear property line. 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.

SHOPPING CENTER § 260-9.116

A group of stores or other commercial establishments in one or more buildings planned, developed and managed as a single facility on one lot with off-street parking provided on the lot.

SIGN § 260-9.117

A structure or device conveying information to the public in written or pictorial form. (See § 260-86, Signs, for further definitions.)

SINGLE-FAMILY ATTACHED UNIT § 260-9.118

A dwelling unit in a structure with one or more other dwelling units.

SINGLE-FAMILY DETACHED UNIT § 260-9.119

A dwelling unit in a structure with no other dwelling units.

SITE PLAN § 260-9.120

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

SLOPE OF LAND § 260-9.121

The grade, pitch, rise or incline of the topographic landform or surface of the ground.

SOLID WASTE § 260-9.122

Solid waste as defined in the current Rhode Island Department of Environmental Management Rules and Regulations for Solid Waste Management Facilities, as amended, and amendments thereto; and which shall include garbage, refuse and other discarded solid materials generated by residential, institutional, commercial, industrial and agricultural sources but does not include solids or dissolved materials in domestic sewage or sewage sludge, nor does it include hazardous waste. Solid waste shall also include nonhazardous liquid, semisolid, and containerized gaseous waste.

SPECIAL USE § 260-9.123

A regulated use which is permitted pursuant to a special use permit issued by the authorized governmental entity, pursuant to RIGL 45-24-42 (formerly referred to as "special exception").

STRUCTURE § 260-9.124

A combination of materials to form a construction for use, occupancy, or ornamentation, whether installed on, above, or below, the surface of land or water.

SUBDIVISION § 260-9.125

The division or redivision, of a lot, tract or parcel of land into two or more lots, tracts, or parcels.

SUBSTANDARD LOT OF RECORD § 260-9.126

Any lot lawfully existing at the time of adoption or amendment of a Zoning Ordinance and not in conformance with the dimensional and/or area provisions of that ordinance.

SUPERMARKET § 260-9.127

A retail establishment primarily selling food as well as other convenience and household goods, and having a gross leasable floor area of 10,000 square feet or more.

TOWNHOUSE § 260-9.128

A structure of single-family attached units each with direct access to the outside.

TRANSIENT RESIDENTIAL FACILITY § 260-9.129

Housing operated on a nonprofit basis intended for occupancy for periods of fewer than 30 days by persons who are temporarily homeless, the maximum occupancy of which shall not exceed 20 persons, including staff.

UNDERGROUND STORAGE TANK § 260-9.130

Any one or combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of petroleum product or hazardous material, and the volume of which (including the volume of the underground pipes connected thereto) is 10% or more beneath the surface of the ground.

USE § 260-9.131

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

VARIANCE § 260-9.132

A permission to depart from the literal requirements of a Zoning Ordinance. An authorization for the construction or maintenance of a building or structure, or for the establishment or maintenance of a use of land, which is prohibited by a Zoning Ordinance. There shall be only two categories of variance: a use variance or a dimensional variance. (1) USE VARIANCE A permission to depart from the use requirements of a Zoning 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 the Zoning Ordinance. (2) DIMENSIONAL VARIANCE A permission to depart from the dimensional requirements of a Zoning Ordinance, where the applicant for the requested relief has shown, by evidence upon the record, that there is no 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.

WATERS § 260-9.133

As defined in RIGL 46-12-1(23).

WELL § 260-9.134

A bored, drilled, or driven shaft or a dug hole, with a depth that is greater than its largest surface dimension, through which groundwater flows, has flowed, or may flow under natural or induced pressure.

WETLAND § 260-9.135

A marsh, swamp, bog, pond, river, river or stream flood plain or bank; an area subject to flooding or storm flowage; an emergent or submergent plant community in any body of fresh water; or an area within 50 feet of the edge of a bog, marsh, swamp, or pond, as defined in RIGL 2-1-20; or any salt marsh bordering on the tidal waters of this state, whether or not the tidal waters reach the littoral areas through natural or artificial watercourses, and those uplands directly associated and contiguous thereto which are necessary to preserve the integrity of that marsh, and as further defined by the RI Coastal Resources Management Program, as may be amended.

WIDTH § 260-9.136

See definition for "lot width."

YARD § 260-9.137

A required open space on the same lot with a building(s), unoccupied and unobstructed by any structure from the surface of the ground upward, except for drives, walks, fences and customary yard accessories and other structures as specifically allowed by this chapter.

YARD, CORNER SIDE § 260-9.138

The side yard on that side of a lot located at the corner or the intersection of two street lines, nearest the side street.

YARD, FRONT § 260-9.139

The yard between a street line and a line generally parallel thereto at a distance therefrom equal to the depth of the required front yard, and extending between the side lot lines.

YARD, REAR § 260-9.140

The yard between a rear lot line and a line parallel thereto at a distance therefrom equal to the depth of the required yard, and extended between the inner side yard setback lines.

YARD, SIDE § 260-9.141

The yard between a side lot line and a line parallel thereto at a distance therefrom equal to the depth of the required side yard, and extending between the rear line of the required front yard to the rear lot line or projection thereof; or if there is no required front yard, extending between the rear lot line and the street line.

YIELD PLAN § 260-50.1.11

A plan of a conventional subdivision or land development project that shows the basic maximum number of building lots or dwelling units permitted on the parcel when the lot area and dimensional regulations of the Zoning Ordinance are applied, after land unsuitable for development has been eliminated.

ZONING CERTIFICATE § 260-9.142

A document signed by the Zoning Official, 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 municipal Zoning Ordinance or is an authorized variance or modification therefrom.

ZONING DISTRICT § 260-9.143

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. A particular parcel of land may be subject to more than one district.

ZONING MAP § 260-9.144

The map 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 Westerly.

ZONING ORDINANCE § 260-9.145

The ordinance enacted by the Town Council of Westerly pursuant to the Zoning Act and in the manner providing for the adoption of ordinances in the Town's Charter, 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 Westerly which includes a Zoning Map, and which complies with the provisions of the Zoning Act.

ZONING USE DISTRICTS § 260-9.146

The basic unit in zoning to which a uniform set of regulations applies, or a uniform set of regulations for a specified use. Also referred to as "zone" or "zoning district." Editor's Note: The definitions of "accessory apartment," "accessory building," as amended 9-21-2020 by Ch. No. 1995, and "accessory use," as amended 9-21-2020 by Ch. No. 1995, which immediately followed this definition were repealed 10-26-2020 by Ch. No. 1997. Editor's Note: The definition of "customary home occupation," which immediately followed this definition, was repealed 2-28-2011 by Ch. No. 1744. Editor's Note: The former of "garage, repair," which immediately followed this definition, was repealed 9-21-2020 by Ch. No. 1995.. Editor's Note: The former definition of "mixed residential and commercial use," which immediately followed this definition, was repealed 11-19-2007 by Ord. No. 1621. Editor's Note: The definition of "office, home," which immediately followed this definition, was repealed 2-28-2011 by Ch. No. 1744. Editor's Note: This definition of "wetland" effectively replaced both the definition of "wetland, coastal," and "wetland, freshwater," which were formerly included separately. Editor's Note: See Art. XV, Ch. 2, of the Charter.