[Amended 7-25-1994; 6-2-1997 by Ord. No. 97-4; 1-10-2000 by Ord. No. 99-13; 1-10-2000 by Ord. No. 99-13; 11-13-2000 by Ord. No. 2000-7; 5-16-2006 by Ord. No. 2006-2; 2-6-2012 by Ord. No. 2012-1; 2-6-2012 by Ord. No. 2012-1; 3-7-2016 by Ord. No. 2016-1; 4-3-2017 by Ord. No. 2017-4; 7-31-2017 by Ord. No. 2017-10; 9-11-2017 by Ord. No. 2017-13; 2-5-2018 by Ord. No. 2017-22; 4-1-2019 by Ord. No. 2019-2; 4-6-2020 by Ord. No. 2020-5; 5-2-2022 by Ord. No. 2022-8; 11-7-2022 by Ord. No. 2022-25; 12-4-2023 by Ord. No. 2023-12; 6-2-2025 by Ord. No. 2025-5; 7-28-2025 by Ord. No. 2025-5A]
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section. Where terms are not defined, they shall have their ordinarily accepted meanings, or such as the context would ordinarily imply. State definitions are denoted by the italics.
ABUTTo physically adjoin at a border, boundary or point with no intervening land.
ABUTTEROne whose property abuts, that is, adjoins at a border, boundary or point with no intervening land.
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 a unit that is part of an expanded or remodeled primary dwelling. See Article
XXII for further regulations.
ACCESSORY LIVING QUARTERS or GUEST HOUSELiving quarters within a separate accessory building for the sole use of persons employed on the premises, or for the temporary housing, free of charge, of persons visiting the occupant of the principal building on the premises, such quarters or facilities having no kitchen facilities and not being rented or otherwise used as a separate dwelling.
ACCESSORY OUTDOOR EVENT USEAn event where people gather at a property on a particular date and time to engage in a common social activity, where all or some portion of the activity takes place outdoors, and where the event is customarily incidental and subordinate to the principal use of the property. Such events include, but are not limited to, weddings, wedding receptions, reunions, birthday parties, bar mitzvahs, quinceaneras, and other similar events.
ACCESSORY STRUCTUREA 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 and customarily in connection with the principal structure.
ACCESSORY USEA use of land or of a building, or portion thereof, customarily incidental and subordinate to the principal use of the land or building. An "accessory use" may be restricted to the same lot as the principal use. An "accessory use" shall not be permitted without the principal use to which it is related.
ADAPTIVE REUSEThe 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. See §
185-30.
ADMINISTRATIVE OFFICERThe municipal official designated by §
200-6 to administer the Land Development and Subdivision Regulations, §
200-1 et seq., to review and approve qualified applications and/or coordinate with local boards and commissions, municipal staff and state agencies as set forth herein.
AFFORDABLE HOUSING UNITResidential housing that has a sales price or rental amount that is within the means of a household that is of moderate income or less. In the case of dwelling units for sale, "housing that is affordable" means housing in which principal, interest, taxes, which may be adjusted by state and local programs for property tax relief, and insurance constitute no more than 30% of the gross household income for a household with less than 120% of area median income, adjusted for family size. In the case of dwelling units for rent, housing that is affordable means housing for which the rent, heat, and utilities, other than telephone, constitute no more than 30% of the gross annual household income for a household with 80% or less of area median income, adjusted for family size. Such housing shall remain affordable for not less than 30 years from initial occupancy. Affordability time limits may be accomplished 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.
A-FRAME SIGNTwo-sided sign, hinged or attached at the top of the sign panels, identifying, advertising, or directing attention to a business(es), product(s), operation(s), or service(s) sold or offered in the building in front of which the sign is located.
AGGRIEVED PARTYEither:
A. 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
B. Anyone requiring notice pursuant to this chapter.
AGRICULTURAL LANDLand 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 of statewide importance for Rhode Island by the Soil Conservation Service of the United States Department of Agriculture.
AMUSEMENT GAME CENTERAny structure or portion thereof within which are kept for use as games, entertainment or other public patronage, two or more amusement game machines.
AMUSEMENT GAME MACHINEA mechanical, electrical or electronic machine or device which shall be ready for play by the insertion of a coin or token or by the payment of a fee, and may be operated by the public for use as a game, for entertainment or for amusement.
ANIMAL HOSPITALProvides the services of a veterinary clinic with more specialized care and emergency facilities.
APPEALEither a formal request to the Zoning Board of Review to review a decision of the Building Official/Zoning Enforcement Officer or other enforcement official or a formal request to the Rhode Island Superior Court to review a decision of a permitting authority, as the context may indicate.
APPLICANTAn owner or authorized agent of the owner submitting an application or appealing an action of any official, board or agency.
APPLICATIONThe 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 purposes as required under the provisions of this chapter.
ARTISAN/MAKER ACTIVITYAn establishment for the shared or individual preparation, display, and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven articles, and related items.
ASSISTED-LIVING FACILITYA residential facility providing personalized support services and health care, as defined as an assisted-living residence in R.I.G.L. § 23-17.4-2(4).
AUTOMOBILE SALESThe use of any building, land area and other premise for the display and sale of new or used automobiles, panel trucks or vans, trailers or recreational vehicles.
AUTOMOTIVE BODY OR PAINT SHOPA structure sheltering the activities of heavy or major automotive body repairs or painting of commercial and noncommercial vehicles, including the temporary storage of such repairable and repaired vehicles, excluding, however, the type of automotive maintenance and repair work customarily conducted in gas station garages.
AUTOMOTIVE REPAIR GARAGEA structure sheltering the type of automotive maintenance and repair work customarily conducted in gas station garages.
AWNINGAny temporary or retractable covering or shelter which is supported entirely from the exterior wall of a building.
BACKLITA form of internally illuminated sign consisting of individual solid letters with internal lighting tubes that backlight the wall on which the letters are attached, giving a halo effect.
BASIC MAXIMUM NUMBERThe number of units that would be allowed on a conservation development project site using the standard Zoning Ordinance provisions for the R-40 Zoning District and/or Subdivision Rules and Regulations as determined by a yield plan.
BILLBOARDAn outdoor advertising structure with a sign advertising products not made, sold, used or served on the premises displaying such sign.
BOARDThe Zoning Board of Review of the Town of Barrington.
BOAT YARDA facility providing for heavy or major overhaul or repairs of boats and vessels.
BRACKETA device used to attach and support a sign face to a building other than screws or bolts.
BUFFERLand 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.
BUILDINGAny structure used or intended for supporting or sheltering any use or occupancy.
BUILDING ENVELOPEThe 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; by other regulations; and/or any combination thereof.
BUILDING FACADE AREA (BFA)For the purpose of calculating maximum sign area of flush-wall commercial signs, the BFA is the overall vertical facade dimension (length times height) of the building face of the establishment for which signage is proposed, excluding roof area.
BUILDING OFFICIAL/ZONING ENFORCEMENT OFFICERThat officer of the Town of Barrington who shall have the power to issue permits and to institute legal proceedings, both civil and criminal, through the Town Solicitor on behalf of the Town of Barrington for violation of any provision of this chapter.
BUILDING LINEA line parallel to the street line at a distance equal to the depth of the front yard required for the zoning district in which the lot is located; see "setback line."
CANNABIS CULTIVATORAs defined under Sec. 21-28.11-3(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 MANUFACTURERAs defined under Sec. 21-28.11-3(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 RETAILERAs defined under Sec. 21-28.11-3(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 LABORATORYAs defined under Sec. 21-28.11-3(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.
CAPACITY or LAND CAPACITYThe 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.
CELLULAR COMMUNICATIONS ANTENNAThe 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. A cellular communications antenna array may be public or private.
CELLULAR COMMUNICATIONS ANTENNA ARRAY, PRIVATEAny antenna used for a private purpose and owned by a private person, partnership, corporation, organization, association or other entity subject to taxation, or owned by any church or nonprofit company or organization.
CELLULAR COMMUNICATIONS ANTENNA ARRAY, PUBLICAny antenna used for a governmental function or located on property or structures owned by the United States of America, the State of Rhode Island, or the Town of Barrington, or any political subdivision duly authorized to own and operate a cellular communications array. Public cellular communications array are not to be restricted by this section, except that the Town Council shall have the option to seek advisory review by the Technical Review Committee.
CELLULAR COMMUNICATIONS TOWERA freestanding structure used for the location of one or more cellular communications antenna arrays. It may also include an equipment shelter as an accessory use. A cellular communications tower may be public or private.
CELLULAR COMMUNICATIONS TOWER, PRIVATEAny tower structure used for a private purpose and owned by a private person, partnership, corporation, organization, association or any entity subject to taxation.
CELLULAR COMMUNICATIONS TOWER, PUBLICAny tower structure used for a governmental function or located on property owned by the United States of America, the State of Rhode Island, the Town of Barrington, or any political subdivision duly authorized to own and operate a cellular communications tower.
CEMETERYLand used for the burial of the dead and dedicated for such purposes, including columbariums, crematories, mausoleums and mortuaries when operated as an accessory use to such cemetery.
CERTIFICATE OF COMPLETENESSA 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 review process.
CLUSTERA 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 include, but are not 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 except where ordinance provisions include incentive bonuses for certain types or conditions of development.
CO-LOCATIONUse of a common cellular tower or common site by two or more license holders or by one license holder for more than one type of communications technology.
COMMERCIAL EDUCATIONAL INSTITUTIONSAny commercial institution providing instructions in subjects such as art, dancing, driving, gymnastics, martial arts, voice lessons, and similar uses.
COMMON OWNERSHIPEither:
A. Ownership by one or more individuals or entities in any form of ownership of two or more contiguous lots; or
B. Ownership by any association or municipality of one or more lots under specific development techniques.
COMMUNITY SHOPPING CENTERAn integrated group of buildings designed for office use, retail sales and similar commonly associated uses permitted in a Business District on a site under common ownership.
COMMON SIGNAGE PLANAn overall plan for placement and design of multiple signs for a building or group of buildings on a zoning lot.
COMMUNITY RESIDENCEA 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 or fewer children or adults with mental, intellectual, or developmental disabilities reside in any type of residence in the Town, as licensed by the state pursuant to Chapter
24 of Title 40.1 of the General Laws of Rhode Island;
B. A group home providing care or supervision, or both, to not more than eight persons that are disabled or have a mental or physical disability, and licensed by the state pursuant to Chapter
24 of Title 40.1 of the General Laws of Rhode Island;
C. A residence for children providing care or supervision, or both, to not more than eight children, including those of the care giver, and licensed by the state pursuant to Chapter 72.1 of Title 42 of the General Laws of Rhode Island;
D. 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.
COMPASSION CENTERAs 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 § 21-28.6-12, that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies or dispenses marijuana, and/or related supplies and educational materials, to patient cardholders, and/or their registered caregiver cardholder, who have designated it as one of their primary caregivers.
COMPREHENSIVE PLANThe comprehensive plan of the Town, adopted and approved pursuant to Title 45 Chapter 22.2 of the General Laws of Rhode Island, and to which the provisions of this chapter shall be in compliance.
CONGREGATE HEALTH CARE FACILITYA building or buildings located on the same lot, operated on a nonprofit basis, providing a continuum of health care ranging from independent living to skilled nursing care for residents over the age of 62; provided that such facility includes a nursing home component of not more than 60 beds, the ratio of independent and other living units to nursing beds is not greater than 3:1, and congregate dining facilities are provided.
CONSERVATION DEVELOPMENT PROJECTA residential development in which the buildings are clustered together so as to accommodate residential growth while preserving at least 35% of the parcel as meaningful open space in perpetuity.
CONSISTENCY WITH THE COMPREHENSIVE PLANA requirement of all local land use regulations which means that all these regulations and subsequent actions are 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 R.I.G.L. § 45-22.2-3.
CONVERTIBLE SPACEA building or buildings that include upper-story residential and first-floor spaces designed to readily convert from residential apartments to business uses (or vice versa) as real estate market demand allows. Specific business uses allowed in a convertible space will be governed by the uses allowed in the underlying zoning.
COTTAGE HOUSINGA development composed of small, detached single-family and/or duplex dwelling units, not to exceed 1,650 square feet of living space, clustered around common open space or a courtyard.
CULTURAL ACTIVITYAny nonprofit museum, library or art gallery, and other similar use.
DATA PROCESSING CENTERA service business that prepares, services, handles, stores or processes information through the use of special equipment and techniques, such as with computers and/or office business machines.
DAY CARE - FAMILY DAY-CARE HOMEAny 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 care giver, but may not contain more than a total of eight individuals receiving day care.
DEVELOPMENTThe 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 REVIEWDesign or site plan review of a development of a permitted use to encourage development to comply with design and/or performance standards of the community pursuant to Article
XXIV. Development plan review applications are formal or administrative as detailed in both Article
XXIV of this chapter and in the Land Development and Subdivision Review Regulations, §
200-1 et seq.
DEVELOPMENT REGULATIONZoning, subdivision, land development plan, development plan review, historic district, official map, floodplain regulation, soil erosion control or any other governmental regulation to the use and development of land.
DORMITORYA building used as a group living quarters for a student body, resident faculty or religious order as an accessory use for a college, university, boarding school, orphanage, convent, monastery or other similar institutional use.
DRAINAGE SYSTEMA system for the removal of water from land by drains, grading 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 ground waters and the prevention and/or alleviation of flooding.
DRY-CLEANING FACILITYA building or facility used primarily for dry cleaning clothing and garments. This is a separate use from a dry-cleaning drop-off service (see Personal convenience services).
DUPLEXA house containing two dwelling units adjoining side by side; that is, in which no part of one dwelling unit is over any part of the other dwelling unit. A duplex shall be considered as one principal building occupying one lot for the purpose of determining yard requirements.
DWELLING, TWO-FAMILYA building used exclusively for occupancy by two families living independently of each other either as a duplex or with one unit built over the other.
DWELLING UNITA structure or portion thereof providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation, and containing a separate means of ingress and egress.
ENVIRONMENTAL CONSTRAINTSNatural 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.
EQUIPMENT SHELTER, CELLULARAn enclosed structure, cabinet, shed or box used as an accessory to a cellular communications antenna array to house electrical equipment, batteries and emergency electrical generators directly related to such antenna array. No other uses, including storage, shall be permitted in any equipment shelter.
EXTRACTIVE INDUSTRYThe 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 MEMBERA person, or persons, related by blood, marriage or other legal means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household.
FARMINGThe raising and keeping of cattle, horses, sheep or goats (but not swine, poultry or fur animals, or kennels for the raising or keeping of dogs or cats), and the growing of all agricultural products for commercial purposes, including fruits, vegetables, hay and grain; provided, however, that all structures used wholly or in part for the keeping or raising of animals or livestock shall be located a minimum of 100 feet from the nearest adjoining lot line.
FAST-FOOD RESTAURANTThe retail sale of food and beverages served in disposable containers and selected by patrons from a limited number of prepared specialized items, including but not limited to hamburgers, chicken, fish and chips, tacos and hot dogs, for consumption either on or off the premises in a facility where all or a substantial portion of the sales is by stand-up or drive-through service. Such use, however, shall not include bakeries, delicatessens or such similar types of retail establishments.
FINAL PLATThe 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 Land Development and Subdivision Regulations, §
200-1 et seq., and/or required by the Planning Board.
FLAGAny banner not commercial in nature.
FLOATING ZONEAn unmapped zoning district adopted within this chapter which is established on the Zoning Map only when an application for development, meeting the zone requirements, is approved.
FLOODPLAIN or FLOOD HAZARD AREAAn area that is subject to a flood from a storm having a one-percent (1%) chance of being equaled or exceeded in any given year, as delineated on a community's flood hazard map as approved by the Federal Emergency Management Agency pursuant to the National Flood Insurance Act of 1968, as amended [Pub. L. No. 90-448, as amended (Pub. L. No. 90-448), 42 U.S.C. § 4011 et seq)].
FREEBOARDA factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
FRUIT OR VEGETABLE STANDA temporary seasonal structure used for the sale of fruits, vegetables, or agricultural products that is sited on the lot on which the products being offered for sale have been grown or reared. The square footage of the stand shall not exceed 50 square feet in footprint.
FUNERAL HOMEA place, establishment, or premises, licensed by the State of Rhode Island, devoted to the activities that are incident, convenient, or related to the care and preparation, arrangement, financial and otherwise, for the funeral, transportation, burial, or other disposition of human dead bodies and including, but not limited to, a suitable room with all instruments and supplies used for the storage or preparation of dead human bodies for burial or other disposition. Also referred to as a mortuary in this chapter.
GARAGEA detached accessory building or portion of a main building, used for the storage of self-propelled vehicles.
GASOLINE FILLING STATIONA building, structure or premises where motor vehicular fuel is stored for sale to the public and where other sales activities and any motor vehicle repairs and maintenance which are customarily accessory to the sale of motor vehicle fuel, oil and lubricants are carried on, including the temporary storage of such repairable and repaired vehicles.
GOLF COURSEA parcel used for golf purposes, including fairways, greens, tennis, squash and related sports facilities, pool, restaurants and banquet facilities, and/or maintenance facilities.
GOVERNING BODYThe Barrington Town Council, having the power to adopt ordinances, accept public donations, release public improvement guarantees, and collect fees.
GOVERNMENTAL BUILDINGA building or structure owned, operated, or occupied by a governmental agency to provide a public service to the public.
GROUNDWATER"Groundwater" and associated terms, as defined in § 46-13.1-3 of the Rhode Island General Laws (R.I.G.L.).
HALFWAY HOUSESA 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.
HAZARDOUS WASTEAs defined in Rhode Island General Laws § 23-19.1-4, as amended from time to time.
HEALTH CARE FACILITYAny institutional health service provider, facility or institution, place, building, agency or portion thereof, whether a partnership or corporation, whether public or private, whether organized for profit or not, used, operated or engaged in providing health care services, including but not limited to hospitals; skilled nursing facilities; intermediate care facilities; home health agencies; rehabilitation centers; kidney disease treatment centers; health maintenance organizations; freestanding emergency care facilities; facilities providing surgical treatment to patients not requiring hospitalization; and hospice care. The term "health care facility" also includes organized ambulatory care facilities which are not part of a hospital but which are organized and operated to provide health care services to outpatients, such as central services facilities serving more than one health care facility or health care provider, treatment centers, diagnostic centers, rehabilitation centers, outpatient clinics, infirmaries and health centers, and neighborhood health centers.
HEAVY MACHINE TRADE SCHOOLAny school, institute, class or instruction for the teaching of industrial or heavy mechanical skills where heavy machinery of an industrial or manufacturing nature is used on the site as a means of instruction.
HEIGHT, BUILDINGFor a vacant parcel of land, building height shall be measured from the average, existing -grade elevation where the foundation of the structure is proposed. For an existing structure, building height shall be measured from average grade taken from the outermost four corners of the existing foundation. In all cases, building height shall be measured to the top of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, chimneys, flagpoles, and the like. For any property or structure located in a special flood hazard area, as shown on the official FEMA (Federal Emergency Management Agency) Flood Insurance Rate Maps (FIRMs), or depicted on the Rhode Island Coastal Resources Management Council (CRMC) -suggested design elevation three-foot-sea-level-rise (CRMC SDE 3 SLR) map as being inundated during a 100-year storm, the greater of the following amounts, expressed in feet, shall be excluded from the building height calculation:
A. The base flood elevation on the FEMA FIRM plus up to five feet of any utilized or proposed freeboard, less the average existing grade elevation; or
B. The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a 100-year storm, less the average existing grade elevation. CRMC shall reevaluate the appropriate suggested design elevation map for the exclusion every 10 years, or as otherwise necessary.
HEIGHT, CELLULAR TOWERThe distance measured from ground level to the highest point on a cellular communications tower, including the cellular communications antenna array.
HELIPORTAny private area used for the landing and taking off of a helicopter engaged in the personal or business operations of the person or company maintaining such heliport for the purposes of picking up and discharging of passengers or cargo, but not including fueling, repair or service facilities. The term "heliport" shall include but not be limited to: helipad, touchdown area, takeoff area, landing area, peripheral area, storage area or garage or hangar and helicopter landing facility.
HIGHER EDUCATIONAL INSTITUTIONAny university, college, junior college or similar public or nonprofit private educational organization or institution for post-high-school training and education, including secretarial, business, trade, technical and professional education.
HISTORIC DISTRICTOne or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites, and which has been registered or is deemed eligible to be included on the State Register of Historic Places pursuant to § 42-45-5 (R.I.G.L.).
HISTORIC OR CULTURAL RESOURCEAny 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 R.I.G.L. § 42-45-5 or is located in a historic district established by a municipality in accordance with Chapter 24.1 of R.I.G.L. Title 45, Historic Area Zoning.
HISTORIC SITEAny real property, human-made structure, natural object or configuration or any portion or group of the foregoing which has been registered or is deemed eligible to be included on the State Register of Historic Places pursuant to § 42-45-5 (R.I.G.L.).
HOME OCCUPATIONAny activity customarily carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit.
HOSPITALA health care facility with an organized medical staff providing twenty-four-hour inpatient services for the diagnosis, care and treatment of two or more individuals unrelated by blood or marriage.
HOTELA building of more than two stories in height, subject, however, to the maximum height limitations of Article
VI of this chapter, located on a site of not less than three acres, and containing units for transient or overnight lodging without individual kitchen facilities. Such use may contain accessory facilities, including but not limited to a restaurant, a swimming pool and other recreation facilities.
HOUSEHOLDOne 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. An individual household shall consist of any one of the following:
A. A family, which may also include servants and employees living with the family; or
B. A person, or group of unrelated persons living together, not to exceed three such persons.
HYBRID CANNABIS RETAILERUnder Sec. 21-28.11-3(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.
IMPROVEMENTAny natural or built item which becomes part of, is placed upon, or is affixed to, real estate.
IMPROVEMENT GUARANTEEA 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 R.I.G.L. § 45-23-46.
INCENTIVE ZONINGThe process whereby additional development capacity is granted in exchange for a developer's provision of a public benefit or amenity as specified in this chapter.
INCINERATORA facility for burning of refuse, organic material, garbage or other waste or by-products of any nature.
INCLUSIONARY HOUSING AGREEMENTAn agreement recorded in the Town's Land Evidence Records describing how the developer will comply with the provisions of this article.
INCLUSIONARY HOUSING PLANA plan setting forth, in detail, the manner in which the provisions of this article will be implemented.
INDIVIDUAL INSTRUCTION or TUTORINGThe teaching, tutoring, instruction or counseling of no more than one individual at any one time in any educational, scholastic, artistic, musical or self-help or self-improvement subject, as an accessory use to the principal residential use.
INDOOR COMMERCIAL RECREATIONA facility providing for indoor activities of a recreational, games or sporting nature done on a commercial or for-profit basis, including, without limitation, bowling alleys and dancing facilities, pool halls and similar facilities.
INDUSTRIAL ACTIVITYAll manufacturing, assembling or storage of materials causing noise, odor, traffic, pollution, discharge of hazardous waste or material or any other condition that could be incompatible with or deleterious to a residential neighborhood, except as otherwise expressly permitted by this chapter. "Industrial activity" includes but is not limited to the following: all manufacturing and assembling activities that are not a "limited manufacturing activity;" chemical (including without limitation acids, alcohols, paints, coatings, solvents, soaps and rubber), natural gas or petroleum distillation, refining, fractionation, processing or manufacture; animal or seafood rendering or slaughtering, or associated refining, processing or manufacturing except as necessary for retail sales within the Town; asphalt manufacture or refining; automotive or vehicle manufacture or assembly; petroleum, coal, rubber, bituminous, concrete, cement, lime, gypsum or plaster of paris products processing, manufacture or production; brass, iron, steel, foundry steel or other metal or ore furnace, rolling mill, manufacture, melting or processing operations; brewery or distillery; brick, tile, terra-cotta or cinder block manufacture; explosives assembly, manufacture or storage; fertilizer or glue manufacture; loam or soil stripping except in connection with new construction on the same site; mining or crushing of sand, stone, gravel or rocks; plating and associated activities; and the printing, dyeing, bleaching, processing or manufacture of textiles or raw materials used in textiles.
INFRASTRUCTUREFacilities and services needed to sustain residential, commercial, industrial, institutional and other activities.
LANDReal property including improvements and fixtures on, above, or below the surface.
LAND DEVELOPMENT PROJECTA project in which one or more lots, tracts, or parcels of land or a portion thereof are developed or redeveloped as a coordinated site for one or more uses, units, or structures, including but not limited to, planned development or cluster development for residential commercial, institutional, recreational, open space, or mixed uses. The local regulations shall include all requirements, procedures and standards necessary for proper review and approval of land development projects to ensure consistency with this chapter and the Rhode Island Zoning Enabling Act.
A. MINOR LAND DEVELOPMENT PROJECTA land development project as defined in the Land Development and Subdivision Regulations, §
200-1 et seq. The process by which minor land development projects are reviewed by the Planning Board, technical review committee and/or Administrative Officer is set forth in the Land Development and Subdivision Regulations, §
200-1 et seq.
B. MAJOR LAND DEVELOPMENT PROJECTA land development project which exceeds the thresholds for a minor land development project as set forth in this section and chapter or the Land Development and Subdivision Regulations, §
200-1 et seq. The process by which major land development projects are reviewed by the Planning Board, Technical Review Committee or Administrative Officer is set forth in the Land Development and Subdivision Regulations, §
200-1 et seq.
LAND USE REGULATIONA rule or statute of general application adopted by the municipal legislative body which controls, directs, or delineates allowable uses of land and the standards for these uses.
LIMITED MANUFACTURING ACTIVITYLow-intensity manufacturing or assembly operations that do not include any of the following: outdoor storage of materials; operations, work or activity between the hours of 6:00 p.m. and 6:00 a.m.; the release of any emission, pollution or hazardous waste or material into the air, ground or water; and the production of noise, odor, traffic or congestion that could be incompatible with or deleterious to a residential neighborhood. Such "limited manufacturing activities" may include the following: arts and crafts manufacturing and assembly; creation of computer software; assembly of electronic products; and assembly of jewelry, optical devices, scientific, medical, engineering or precision instruments, devices or machines.
LIVE-WORK SPACEA building or space within a building used jointly for business and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work. Specific business uses allowed in a live-work space will be governed by the uses allowed in the underlying zoning.
LIVING SPACEThe total floor areas of rooms used or intended to be used for living, sleeping, cooking or eating, excluding bathrooms, lavettes, laundries, pantries, closets, storage spaces, foyers, breezeways, stairways, porches, basements and cellars, and any area with less than five feet clear headroom.
LOCAL BOARDAny Town or city official, zoning board of review, planning board or commission, board of appeal or zoning enforcement officer, local conservation commission, historic district commission, or other municipal board having supervision of the construction of buildings or the power of enforcing land use regulations, such as subdivision or zoning laws.
LOCAL GOVERNMENTAny governmental agency authorized by this chapter to exercise the power granted by this chapter.
LOTEither:
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 AREAThe total area within the boundaries of a lot, excluding any street right-of-way, usually reported in acres or square feet.
LOT AREA, MINIMUMThe total area within boundaries of a lot, excluding any street right-of-way, usually reported in acres or square feet.
LOT BUILDING COVERAGEThat portion of the lot that is or may be covered by buildings and accessory buildings. For the purposes of this chapter, swimming pools and tennis courts shall not be considered in the measurement of lot coverage as an accessory use to single-family dwellings.
LOT, CORNERA lot at the junction of and fronting on two or more intersecting streets which intersect at an angle of less than 135º.
LOT DEPTHThe 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 FRONTAGEThat portion of a lot abutting a street. The measured frontage of a lot with noncontiguous frontage shall be the longest continuous front lot line of the lot.
LOT LINEA 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:
A. FRONTThe lot line separating a lot from a street right-of-way. Section
185-18 specifies the method used to determine the front lot line on lots fronting more than one street, for example, corner and through lots;
B. REARThe 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
C. SIDEAny lot line other than a front or rear lot line. On a corner lot, one side lot line will also be a street lot line.
LOT, THROUGHA lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.
LOT WIDTHThe 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.
LOW- OR MODERATE-INCOME HOUSINGShall be synonymous with "affordable housing" as defined in R.I.G.L § 42-128-8.1 and further means of 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 housing affordable to low- or moderate-income households, as defined in the applicable federal or state statute, or local ordinance, 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.
MAINTENANCE GUARANTEEAny security instrument which may be required and accepted by a municipality to ensure the necessary improvements will function as required for a specific period of time. See "improvement guarantee."
MAJOR RECREATIONAL EQUIPMENTIncludes travel trailers, pickup campers or coaches, motorized dwellings, tent trailers, boats and boat trailers and other recreational vehicles, campers and motor homes in excess of 26 feet, but does not include "trailer or house trailer" or "mobile home" as defined herein.
MARINAA complex of boating facilities designed as a unit, including such facilities as permanent slips, launching ramps, boat rentals, ships' stores, minor repairs and accommodations for eating, winter storage and boat sales, and excluding major overhaul and repair.
MASTER PLANAn 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. Required in major land development or major subdivision review only. It is the first formal review step of the major land development or major subdivision process and the step in the process in which the public hearing is held. See the Land Development and Subdivision Regulations, §
200-1 et seq.
MEDICAL MARIJUANA CULTIVATION CENTERAny 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 EMPORIUMAny 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 or medical marijuana cultivation center regulated and licensed by the State of Rhode Island, as defined herein.
MEMORY-CARE FACILITYAn "alzheimer's/dementia special-care unit or program," as defined in R.I.G.L. § 23-17.4-2(3).
MERGER DISTRICTA combination of zoning use districts which have been designated for the merger of substandard lots under contiguous ownership.
MIXED USEA mixture of land uses within a single development, building or tract.
MIXED USE COMMERCIALA structure which contains commercial space on the first floor at street level and which also includes one or more residential units which are located on an upper story or stories of the structure and separated completely from the commercial uses.
MIXED USE RESIDENTIALA structure which is used for both residential and commercial purposes, each of which is totally separated from the other. In a mixed use residential structure, there shall be no more than one residential unit and no more than one commercial unit.
MOBILE HOMEA single-family dwelling designed to be transported, after fabrication, on streets and highways, and arriving at a site where it is to be occupied as a dwelling complete and ready for occupancy, except for incidental unpacking and assembly operation, location on jacks or permanent foundations and connection to utilities.
MODIFICATIONPermission granted and administered by the Building Official/Zoning Enforcement Officer to grant a dimensional variance, other than lot area, from the requirements of this chapter, but not to exceed 15% of each of the applicable dimensional requirements. Modifications are not permitted by this chapter. See §
185-40 of this chapter.
MOTELA one- or two-story building intended and designed solely for transient or overnight occupancy, divided into separate units within the same building and with or without public dining room facilities.
MULTIFAMILY DWELLINGA building consisting of three or more separate dwelling units and/or townhouses, row houses, apartments and/or condominiums.
MUNICIPAL GOVERNMENT SUBSIDYAssistance that is made available through a city or town program sufficient to make housing affordable, as affordable housing is defined in R.I.G.L. § 42-128-8.1(d)(1); such assistance shall include a combination of, but is not limited to, direct financial support, abatement of taxes, waiver of fees and charges, and approval of density bonuses and/or internal subsidies, zoning incentives, and adjustments as defined in this section and any combination of forms of assistance.
NONCONFORMANCEA building, structure or parcel of land, or use thereof, lawfully existing at the time of the adoption or amendment of this chapter and not in conformity with the provisions of this chapter or amendment. Nonconformance shall be of only two types:
A. NONCONFORMING BY USEA lawfully established use of land, building or structure which is not a permitted use in the zoning district in which it is located, and including a building or structure containing more dwelling units than are permitted under the use regulations of this chapter.
B. NONCONFORMING BY DIMENSIONA building, structure or parcel of land not in compliance with the dimensional regulations of this chapter, and including a building or structure containing a permitted number of dwelling units under the use regulations of this chapter, but not meeting the lot area per dwelling unit regulations.
NURSERY SCHOOLA facility providing primarily educational instruction and training to pre-kindergarten children two years of age and older, provided that such facility shall be licensed by all appropriate state or other governmental agencies.
OFFICE BUILDINGA building used primarily for conducting office and clerical work, recordkeeping and similar such work for a business, profession, service, industry, government or like activity.
OPEN SPACEAny 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 the open space; provided that the area may be improved with only those buildings, structures, streets, and off-street parking, and other improvements that are designed to be incidental to the natural openness of the land.
OPEN STORAGEThe storage outside of a completely enclosed structure of any commodity, equipment, supplies, material or substances related to a business or industrial use.
OUTDOOR EVENT USEA property where the principal use is as a venue for social gatherings such as weddings, wedding receptions, reunions, birthday parties, bar mitzvahs, quinceaneras, and other similar events, where all or some portion of the event takes place outdoors.
OUTDOOR SEATING AREAThe portion of a business premise operated as a restaurant not located within any completely enclosed structural or interior portion of the building in which the restaurant is located, or of which it is a part, and which outdoor area consists of tables, chairs, or both, counter tops, stools or other seating arrangements used for the consumption of food, beverage, or both.
OVERLAY DISTRICTA district established in this chapter that is superimposed on one or more districts or parts of districts, and that imposes specified requirements in addition to, but not less than, those otherwise applicable for the underlying zone.
OWNERThe owner or owners of record as recorded in the records of land evidence of the Town.
PARCELA lot, or contiguous group of lots in single ownership or under single control, and usually considered a unit for purposes of development. Also referred to as a tract.
PARK AND RIDE FACILITYParking lots that are free of charge to anyone to encourage public transit or carpool. All vehicles are parked at the owner's risk.
PARKING AREA OR LOTAll that portion of a development that is used by vehicles, the total area used for vehicular access, circulation, parking, loading and unloading.
PERFORMANCE STANDARDSA set of criteria or limits relating to elements which a particular use or process either must meet or may not exceed.
PERMITTED USEA use by right which is specifically authorized in a particular zoning district.
PERMITTING AUTHORITYThe local agency of government, meaning any board, commission or administrative officer specifically empowered by state enabling law and local regulation or ordinance to hear and decide on specific matters pertaining to local land use.
PERSONAL CONVENIENCE SERVICEAny business or commercial activity, such as a barber- or beauty shop, clothes-cleaning pickup or pressing establishment, dressmaking or tailoring service, self-service laundry or dry cleaning dropoff, shoe repair, tanning salon, or any similar activity providing for the care of the person or their apparel.
PHASED DEVELOPMENTDevelopment, usually for large-scale projects, where construction of public and/or private improvements proceeds by sections subsequent to approval of a master plan for the entire site.
PHYSICAL CONSTRAINTS TO DEVELOPMENTCharacteristics 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."
PLACE OF PUBLIC ASSEMBLYAny type of auditorium, theater, stadium, assembly, exhibition or convention hall, publicly supported and maintained sports arena, gymnasium, swimming pool and other similar place of assembly.
PLANNED DEVELOPMENTA 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.
PLANNING BOARDThe official planning agency of the Town of Barrington, designated as the Planning Board of the Town of Barrington and established by the municipality under Chapter 22 of R.I.G.L. Title 45.
PRE-APPLICATION CONFERENCEAn initial meeting between developers and municipal representatives which affords developers the opportunity to present their proposals informally and to receive comments and directions from municipal officials and others. See R.I.G.L. § 45-23-35.
PREMISESA lot or contiguous group of lots or parcel of land, together with all buildings, structures and uses thereon.
PRIVATE SCHOOLAny nonpublic nursery school, kindergarten, elementary (1-8), secondary (9-12) school.
PROFESSIONAL HOME OFFICEOffice or studio in a dwelling of a physician, surgeon, dentist, attorney, engineer, architect, auditor, accountant or other professional person licensed by law or certified by a recognized professional society or agency and providing professional services, residing on the premises, having no more than two nonresident associates or employees and not offering commodities for sale.
PROPERTY OWNER'S ASSOCIATIONThe designated, private, not-for-profit membership corporation established by a developer with the approval of the Town Council to own, operate and maintain various common properties that may exist as part of a cluster development or other common property ownership covenants. Membership in such corporation shall run with the land, meaning that a homeowner is automatically a member of the association.
PUBLIC IMPROVEMENTAny 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 SCHOOLAny kindergarten, elementary, middle, junior high or high school established and operated by the Town.
PUBLIC UTILITYA public service corporation, either private or governmental, supplying or transmitting gas, electricity, transportation, water or communications to any or all members of the public.
RECYCLING CENTERA building or facility for the purpose of collecting and sorting recyclable materials.
RELIGIOUS BUILDINGA building or structure, or groups of buildings or structures, which are primarily intended for the conducting of organized religious services and accessory uses associated therewith.
RESTAURANTA building or premises where food and beverages are prepared and served or sold to persons ready for immediate consumption either on the premises or on a take-out basis; for purposes of this definition, the term "restaurant" shall include take-out establishments and coffee or donut shops, so-called, even if no space is set aside for persons to consume food or beverages on the premises.
SANITARY LANDFILL CENTERA licensed land disposal site employing an engineered method of disposal of solid waste in a manner that absolutely minimizes environmental hazards, including: spreading the solid waste in thin layers, compacting the solid waste to the smallest practical volume; and applying cover material at the end of each operating day, or at such more frequent intervals as may be necessary. A sanitary landfill shall also mean a solid waste landfill.
SATELLITE RECEIVING ANTENNAAny instrument designed or used for the reception of television or radio communications relayed from earth-orbiting satellites or other transmitting media.
SEATSpace for one person to sit.
SENIOR HOUSINGHousing units as part of a senior residential community, with covenants restricting occupancy to at least one person 55 years of age and older, pursuant to the "housing for older persons" exemption of the federal Fair Housing Act, as amended.
SENIOR RESIDENTIAL COMMUNITYA planned cottage housing development consisting entirely of senior housing on a single lot, including facilities containing limited support services for the residents of the development, as described in Article
XXX.
SENIOR SERVICES TRAINING CENTERAn accessory use to a nursing home, assisted-living facility, and/or memory-care facility, used to train current and future employees in the skills necessary for such uses. It may include classrooms and other educational support facilities, including meeting facilities for conferences relating to the activities conducted in the facility. This shall not exceed 5% of the square footage of the total square footage of the principal use structures.
SETBACK LINE OR LINESA 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 PARKINGThe approved use of the same off-street parking spaces for two or more uses where peak parking demand of the different uses occurs at different times of the day, or where various uses are visited without moving the automobile; and where the division of parking spaces is a net decrease from the combined total of each use's individual off-street parking requirements, if required separately.
SHOPPING CENTERA group of three or more contiguous commercial establishments, planned, developed, owned and managed as a single unit with off-street parking provided on the lot or parcel.
SIGNAny sign face and supporting structure, including brackets, posts, guys and other appurtenances.
SIGN, DIRECTORYA sign which contains listings of two or more commercial establishments and is designed and constructed with provision to allow changes of occupancy without major alterations of the entire sign.
SIGN FACEAny picture, symbol, emblem, letter, object or decorative device, or combination of these, whether illuminated or not illuminated, which is designed to be freestanding or used on the exterior of a building or seen from the exterior of a building. A sign face may convey a message to the public concerning the identification of the premises or to advertise or promote the interests of any private or public firm, person or organization, or may be purely decorative.
SIGN FACE, AREA OFAn area enclosed by the exterior edges of the sign, excluding any supporting structure. A double-sided sign face shall be deemed to be one sign having an area equal to the area of one side. Any wall work incidental to the decoration of a sign, or any unnecessary structural framework that serves primarily to enlarge the visual effect of the sign, shall be included when measuring the area of signs permitted under this article.
SIGN, ILLUMINATED LETTERSAn internally illuminated sign consisting of individual letters with translucent faces, each containing lighting elements.
SIGN, LADDERA type of directory sign which is a freestanding ground sign with two vertical supports and two or more horizontal cross pieces serving as individual signs for identification purposes, except that in no case shall there by any spaces between the individual horizontal cross pieces.
SIGN, NEONA gas-filled tube sign subjected to high voltage with various colors depending on the type of gas and the color of the tubing.
SIGN, PROJECTINGA sign that projects horizontally from the vertical side of a structure below its roofline.
SIGN, TEMPORARY EVENTA sign or banner erected for a limited period of time, which period of time shall be terminated by the completion or occurrence of the election, work, event, sale of the premises, or service or related product advertised to which it refers.
SINGLE-FAMILY CLUSTER RESIDENTIAL DEVELOPMENTA detached single-family residential dwelling development of a tract of land which is sensitive to topography and natural site features, providing more open space for common use through the reduction of lot size requirements.
SITE PLANThe development plan for one or more lots on which is shown the existing and/or the proposed conditions of the lot.
SLOPE OF LANDThe grade, pitch, rise, or incline of the topographic landform or surface of the ground.
SPECIAL USEA regulated use which is permitted pursuant to a special use permit issued by Zoning Board of Review under the provisions of Article
XIV of this chapter.
STORYThat portion of a building between the upper surface of any floor and the upper surface of any floor next above, having more than 1/2 of its height above the average elevation of the finished lot grade adjoining the building, and any portion of a building used for human occupancy between the topmost floor and the roof. In any building not divided into customary stories, each 10 feet of building height shall be counted as one story.
STREETA public or private throughway used or intended to be used for passage or travel by motor vehicles. Streets are further classified by the functions they perform. See "street classification."
STREET, ACCESS TOAn 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, ALLEYA 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 CLASSIFICATIONA 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 use the following as major categories:
A. ARTERIALA 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. COLLECTORA 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. LOCALStreets whose primary function is to provide access to abutting properties.
STREET, CUL-DE-SACA local street with only one outlet and having an appropriate 20 vehicular turnaround, either temporary or permanent, at the closed end.
STREET, LIMITED ACCESS HIGHWAYA 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 the points and in the manner as may be determined by the public authority having jurisdiction over the highway.
STREET, PRIVATEA thoroughfare established as a separate tract for the benefit of multiple, adjacent properties and meeting specific, municipal improvement standards. This definition does not apply to driveways.
STREET, PUBLICAll public property reserved or dedicated for street traffic.
STREET, STUBA portion of a street reserved to provide access to future development, which may provide for utility connections.
STRUCTUREA combination of materials to form a construction for use, occupancy or ornamentation, whether installed on, above or below the surface of land or water.
SUBDIVISIONThe division of a lot, tract or parcel of land into two or more lots, tracts, or parcels or any adjustment to existing lot lines is considered a subdivision.
A. ADMINISTRATIVE SUBDIVISIONSubdivision of existing lots which yields no additional lots for development, and involves no creation or extension of streets. This subdivision only involves division, mergers, mergers and division, or adjustments of boundaries of existing lots. The process by which the Administrative Officer or Planning Board reviews any subdivision qualifying for this review is set forth in the Land Development and Subdivision Regulations, §
200-1 et seq.
B. MINOR SUBDIVISIONA subdivision creating nine (9) or fewer buildable lots. The process by which the Planning Board, Technical Review Committee, and/or Administrative Officer reviews a minor subdivision is set forth in the Land Development and Subdivision Regulations, §
200-1 et seq.
C. MAJOR SUBDIVISIONA subdivision creating ten (10) or more buildable lots. The process by which the Planning Board reviews any subdivision qualifying for this review under the Land Development and Subdivision Regulations, §
200-1 et seq.
SUBSTANDARD LOT OF RECORDAny lot lawfully existing at the time of adoption or amendment of this chapter and not in conformance with the dimensional and/or area provisions of this chapter.
SWIMMING POOLAny receptacle which is constructed, erected or installed, and which is used, designed for use or intended for swimming in connection with a residential use; provided, however, that this definition shall not apply to any such pool less than 24 inches deep or having a surface area of less than 250 square feet, except when such pool is permanently equipped with a water recirculating system or involves permanent structural materials.
TECHNICAL REVIEW COMMITTEEA committee or committees appointed by the municipality or the purpose of reviewing, commenting, approving and/or making recommendations to the Planning Board or Administrative Officer, as set forth in this chapter and the Land Development and Subdivision Regulations, §
200-1 et seq.
THEATERA building or part of a building devoted to showing motion pictures or dramatic, musical or live performances.
TOURIST HOME or LODGING HOUSEA building occupied by a resident family thereon with not fewer than three but not more than seven guest rooms where lodging with or without meals is provided for compensation. A "tourist home" may include a bed-and-breakfast.
TOWNHOUSEA building containing three or more dwelling units in a row in which each dwelling unit has its own front and rear access to the ground, no dwelling unit is located over another dwelling unit, and each dwelling unit is separated from another dwelling unit by one or more party walls.
TRAILER or HOUSE TRAILERA vehicle or similar portable structure without motive power, to be drawn by a motor vehicle, used for living or sleeping purposes and provided with any or all of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration. This shall not include storage containers, as permitted by §§
185-13K and 185-13.1B.
TRANSIT SHELTERSAn independent structure having a roof supported by columns, resting on a foundation and designed for the shelter of public transportation patrons.
UNIFIED DEVELOPMENT REVIEWApproval of dimensional variances, use variances, and/or special-use permits for properties undergoing review by the Planning Board as land development or subdivision projects pursuant to § 45-23-36 of Rhode Island General Law, be conducted and decided by the Planning Board.
USEThe purpose or activity for which land or buildings are designed, arranged or intended, or for which land or buildings are occupied or maintained.
VARIANCEPermission to depart from the literal requirements of this chapter under the provisions of Article
XIII of this chapter; 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 this chapter. There shall be only two categories of variance:
A. USE VARIANCEPermission to depart from the use requirements of this chapter, 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 chapter.
B. DIMENSIONAL VARIANCEPermission to depart from the dimensional requirements of this chapter, under the applicable standards set forth in § 45-24-41 of R.I.G.L.
VESTED RIGHTSThe 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.
VETERINARY OFFICEA building or facility providing veterinarian services, including medical treatment, examination, surgery, diagnosis, grooming, and general health care of domestic animals and birds.
WATERSAs defined in § 46-12-1(b) (R.I.G.L.).
WHOLESALE BUSINESSIncludes the storage of goods, supplies or equipment for distribution to dealers, retailers, jobbers or contractors, including incidental selling to the public in which the floor area used for the storage of goods, supplies or equipment is not less than 66 2/3% of the gross floor area of any structures involved.
WIND ENERGY SYSTEM, SMALL-SCALEAn electric generator that utilizes wind energy to produce clean, renewable power, with a total rated capacity of six kilowatts (kW) or less.
WINDOW SIGNA sign permanently affixed to the surface of the glass of any part of any establishment. Signs visible through a window on a permanent basis are considered window signs even though they may not be affixed directly to the glass. Paintings of sign faces on the glass itself are window signs.
YARDThe 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. FRONTThe area extending across the full width of the lot between a street line and a line parallel thereto drawn through the nearest point of a principal structure.
B. REARThe 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. SIDEThe 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.
YARD SALEAny interior or exterior market at which antiques, curios, jewelry, dishes, glassware, books, furniture, tools, new or secondhand household goods, clothing or other similar articles are sold or traded on a residential lot.
ZONINGThe reservation of certain specified areas within a community or city for building and structures, or use of land, for certain purposes with other limitations as height, lot coverage, and other stipulated requirements.
ZONING BOARD OF REVIEWThe Zoning Board of Review of the Town of Barrington, as described in more detail in Article
XII hereof.
ZONING CERTIFICATEA document signed by the Building Official/Zoning Enforcement Officer which acknowledges that a use, structure, building or lot either complies with or is legally nonconforming to the provisions of this chapter, or is an authorized variance or modification therefrom.
ZONING MAPThe map or maps which are a part of this chapter, and which delineate the boundaries of all mapped zoning districts within the physical boundary of the Town of Barrington.
ZONING PERMITThe permit required under the provisions of §
185-40 hereof to be issued by the Building Official/Zoning Enforcement Officer to authorize any new construction of buildings, structures or signs, or the alteration of existing buildings, structures or signs, or construction of other improvements.
ZONING USE DISTRICTThe 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. This term shall be synonymous with "zoning district."