This chapter shall be known and may be cited as the "Zoning Ordinance of the Town of Burrillville."

This chapter has been developed and shall be maintained in accordance with the town's comprehensive plan prepared, adopted, and as may be amended in accordance with G.L. 1956, § 45-22.2-1 et seq., and shall be designed to address the purposes which follow. The town council recognizes these purposes, each with equal priority and numbered for reference purposes only.

(1)

Promoting the public health, safety, and general welfare.

(2)

Providing for a range of uses and intensities of use appropriate to the character of the town and reflecting current and expected future needs.

(3)

Providing for orderly growth and development which recognizes:

a.

The goals and patterns of land use contained in the comprehensive plan of the town adopted pursuant to G.L. 1956, § 45-22.2-1 et seq.;

b.

The natural characteristics of the land, including its suitability for use based on soil characteristics, topography, and susceptibility to surface or ground water pollution;

c.

The values and dynamic nature of coastal and freshwater ponds, the shoreline, and freshwater and coastal wetlands;

d.

The values of unique or valuable natural resources and features;

e.

The availability and capacity of existing and planned public and/or private services and facilities;

f.

The need to shape and balance urban and rural development; and

g.

The use of innovative development regulations and techniques.

(4)

Providing for the control, protection, and/or abatement of air, water, groundwater, and noise pollution, and soil erosion and sedimentation.

(5)

Providing for the protection of the natural, historic, cultural, and scenic character of the town or areas therein.

(6)

Providing for the preservation and promotion of agricultural production, forest, silviculture, aquaculture, timber resources, and open space.

(7)

Providing for the protection of public investment in transportation, water, stormwater management systems, sewage treatment and disposal, solid waste treatment and disposal, schools, recreation, public facilities, open space, and other public requirements.

(8)

Promoting a balance of housing choices, for all income levels and groups, to assure the health, safety and welfare of all citizens and their rights to affordable, accessible, safe, and sanitary housing. Provide opportunities for the establishment of low and moderate income housing.

(9)

Promoting safety from fire, flood, and other natural or manmade disasters.

(10)

Promoting a high level of quality in design in the development of private and public facilities.

(11)

Promoting implementation of the comprehensive plan of the town adopted pursuant to G.L. 1956, § 45-22.2-1 et seq.

(12)

Providing for coordination of land uses with contiguous municipalities, other municipalities, the state, and other agencies, as appropriate, especially with regard to resources and facilities that extend beyond municipal boundaries or have a direct impact on that municipality.

(13)

Providing for efficient review of development proposals, to clarify and expedite the zoning approval process.

(14)

Providing for procedures for the administration of the zoning chapter, including, but not limited to, variances, special use permits, and, where adopted, procedures for modifications.

In this chapter the following terms and words shall have the following meanings, unless a contrary meaning is specifically prescribed. Where the definitions of terms herein refer to definitions found in the Rhode Island General Laws, a synopsis of those definitions have been included here for informational purposes. The reader should be cautioned that the Rhode Island General Laws may be amended from time to time, voiding the informational materials provided here.

Words used in the present tense include the future, the singular includes the plural and the plural includes the singular. The word "used" includes "designed, intended or arranged to be used"; the word "shall" is mandatory; the word "may" [is] permissive; the word "building" includes the word "structure"; the word "lot" includes the word "plot"; the word "land" may include the words "marsh" and "water." The following terms for the purpose of this chapter are defined as follows:

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

Accessory dwelling unit (ADU) means a residential living unit on the same parcel where the primary use is a legally established single-unit or multi-unit dwelling. An ADU provides complete independent living facilities for one or more persons. It may take various forms including, but not limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; or a unit that is part of an expanded or remodeled primary dwelling.

Accessory use means a use of land or of a building, or portion thereof, customarily incidental and subordinate to the principal use of the land or building. Such accessory use shall be restricted to the same lot as the principal use. Such accessory use shall not be permitted without the principal use to which it is related.

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

Aggrieved party means an aggrieved party, for purposes of this chapter, shall be:

(1)

Any person or persons or entity or entities who can demonstrate that their property will be injured by a decision of any officer or agency responsible for administering the zoning chapter of the town; or

(2)

Anyone requiring notice pursuant to G.L. 1956, § 45-24-1 et seq., and this chapter.

Agricultural land means agricultural land as defined in G.L. 1956, § 45-22.2-4. (i.e.: Land suitable for agriculture by reason of suitability of soil or other natural characteristics or past use for agricultural purposes. Agricultural land includes that defined as prime farmland or additional farmland of statewide importance for Rhode Island by the Soil Conservation Service of the United States Department of Agriculture.)

Airport hazard area means airport hazard area as defined in G.L. 1956, § 1-3-2. (i.e.: Any area of land or water upon which any overhead power line which interferes with radio communication between airport and aircraft approaching or leaving same, or any other structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landings or taking off at any airport or is otherwise hazardous to the landing or taking off of aircraft, [which] might be established if not prevented as provided in G.L. 1956, § 1-3-1 et seq.)

Alterations means as applied to a building or structure, means a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extension of a side or by increasing in height or by movement from one location or position to another.

Apartment house. See Dwelling, apartment house.

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

Application means the completed form or forms and all accompanying documents, exhibits and fees required of an applicant by an approving authority for development review, approval or permitting purposes.

Assisted living domicile means residences for the frail elderly that provide rooms, meals, personal care and supervision of self-administered medication. They may provide other services such as recreation activities, financial services and transportation.

Billboard (or advertising structures) means any sign or advertising device not related to a use on the lot regardless of its size or dimensions.

Buffer means 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 means any structure used or intended for supporting or sheltering any use or occupancy.

Building envelope means the three-dimensional space within which a structure is permitted to be build on a lot and which is defined by regulations governing: building setbacks, maximum height, bulk, or other regulations, and/or any combination thereof.

Building height means the vertical distance from grade, as determined by the municipality, to the top of the highest point of the roof or structure. The distance may exclude spires, chimneys, flagpoles and the like.

Cannabis cultivator. As defined under G.L. 1956, § 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 establishment. A cannabis cultivator, cannabis testing laboratory, cannabis product manufacturer, cannabis retailer, hybrid cannabis retailer or any other type of licensed cannabis-related business.

Cannabis product manufacturer. As defined under G.L. 1956, § 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 retailer. As defined under G.L. 1956, § 21-28.11-3(16) of the Rhode Island Cannabis Act, an entity licensed pursuant to G.L. 1956, § 21-28.11-10.2 to purchase and deliver cannabis and cannabis products from cannabis establishments and to deliver, sell or otherwise transfer cannabis and cannabis products to cannabis establishments and to consumers.

Cannabis testing laboratory. As defined under G.L. 1956, § 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 state 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 G.L. 1956, § 21-28.11-11.

Cardholder means a qualifying patient or a primary caregiver who has registered with the Rhode Island Department of Health and has been issued and possesses a valid registry identification card.

Cluster means a site planning technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space and/or preservation of environmentally, historically, culturally, or other sensitive features and/or structures. The techniques used to concentrate buildings shall be specified in the ordinance and may include, but 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.

Common ownership means 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 also include a municipality) of one or more lots under specific development techniques.

Community residence means 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 retarded children or adults reside in any type of residence in the community, as licensed by the state pursuant to G.L. 1956, § 40.1-24-1. 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 mentally disabled or mentally handicapped or physically handicapped persons, and licensed by the state pursuant to G.L. 1956, § 40.1-24.1-1 et seq.

(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 G.L. 1956, § 42-72.1-1 et seq.

(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 such 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.

Compassion center means a not-for-profit entity registered under G.L. 1956, § 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 or authorized purchaser (as defined in G.L. 1956, § 21-28.6-3).

Compassion center cardholder means a principal officer, board member, employee, volunteer, or agent of a compassion center who has registered with the Rhode Island Department of Health and has been issued and possesses a valid registry identification card.

Comprehensive plan means the comprehensive plan adopted and approved pursuant to G.L. 1956, § 45-22.2-1 et seq., and to which any zoning adopted pursuant to G.L. 1956, § 45-24-1 et seq., shall be in compliance.

Congregate living facility means a group of dwelling units with communal dining facilities and services, such as housekeeping, organized social and recreational activities, transportation services and other support services appropriate for the residents. It provides a semi-independent lifestyle for the elderly who may be functionally impaired or socially isolated but are otherwise in good health.

Day care—family day care home means 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 less individuals who are not relatives of the caregiver, but may not contain more than a total of eight individuals receiving such care.

Density, residential, means the number of dwelling units per unit of land.

Development means 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 means the process whereby authorized local officials review the site plans, maps and other documentation of a development to determine the compliance with the stated purposes and standards of this chapter.

District. See Zoning use districts.

Drainage system means a system of the removal of water from land by drains, grading or other appropriate means. Such techniques may include runoff controls to minimize erosion and sedimentation during and after construction or development, the means for preserving surface and ground waters and the prevention and/or alleviation of flooding.

Dwelling unit means a 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.

Dwelling, apartment house means a multifamily structure with a common entry or common entryways.

Dwelling, single-family means a structure containing one dwelling unit or household and no other principal use.

Dwelling, two-family means two single dwelling units or households, each with separate entrances divided by a common party wall or floor.

Dwelling, multifamily means a residential building designed for or occupied by three households or more, with the number of families in residence not to exceed the number of dwelling units provided.

Dwelling, townhouse means an attached single-family dwelling unit having a common wall or walls with one or more other attached single-family dwelling units but having no common entryway or hallway and not having more than six units in any one structure.

Duplex. See Dwelling, two-family.

Electric generating facility means any generating facility designed to generate electric energy in excess of 180 megawatts ("MW") annually.

Energy storage facility means facilities that enable the storage of energy and the charging and discharging of power, with a storage capacity in excess of 80 kWh. Such facilities may include, but not be limited to, electrochemical storage batteries, battery chargers, controls, power conditioning systems, and associated electrical equipment designed to provide electrical power to a building or to a utility grid. The facility is typically used to provide standby or emergency power, an uninterruptable power supply, load shedding, load sharing or similar capabilities.

Extractive industry means 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 means a person or persons related by blood, marriage or other legal means. See also Household.

Family day care residence. See Community residence.

Floating zone means an 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.

Floodplains or flood hazard area means as defined in G.L. 1956, § 45-22.2-4. (i.e.: An area that has a one percent or greater chance of inundation in any given year, as delineated by the Federal Emergency Management Agency pursuant to the National Flood Insurance Act of 1968, as amended.)

Groundwater means groundwater and associated terms as defined in G.L. 1956, § 46-13.1-3. (i.e.: Water found underground which completely fills the open spaces between particles of sand, gravel, clay, silt and consolidated rock fractures. The zone of materials filled with groundwater is called the "zone of saturation.")

Group home. See Community residence.

Halfway houses means 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. See G.L. 1956, § 45-24-41, or section 30-34(d) of this chapter. (i.e.: Characteristics which are unique to a particular piece of land but not the surrounding area, not having to do with the physical or economic disability of an individual, and which are not the result of any prior action of the applicant, nor lay primarily in the desire of an individual to realize greater financial gain. In the instance of dimensional variance, a hardship shall amount to more than a mere inconvenience.)

Hazardous waste means any waste or material or combination thereof of a solid, liquid, contained gaseous, or semisolid form which because of its physical, chemical or infectious characteristics may:

(1)

Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

(2)

Pose a significant present or potential hazard to human health or to the environment, if such substance or mixture were discharged to the land or water within the Town of Burrillville.

Such wastes or materials include, but are not limited to, those which are toxic, corrosive, flammable, irritants, strong sensitizers, substances which are assimilated or concentrated in and are detrimental to tissue, or which generate pressure through decomposition or chemical reaction, including without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, and all similar substances designated by federal, state and local regulation, law, bylaw and code.

Hazardous waste disposal facility means real or personal property acquired, constructed, operated or permitted to be used for the disposal of hazardous waste.

Historic district or historic site means as defined in G.L. 1956, § 45-22.2-4. (i.e.: Any real property, manmade 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.)

Home occupation means any activity customarily carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit.

Household means 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. 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.

(2)

A person or group of unrelated persons living together. The maximum number of unrelated persons shall not exceed two persons per bedroom or a total of five unrelated persons per dwelling unit, whichever is less. The maximum number shall not apply to NARR-certified recovery residences.

Household pet(s) means animals customarily maintained in homes as household pets.

Hybrid cannabis retailer. As defined under G.L. 1956, § 21-28.11-3(28) of the Rhode Island Cannabis Act, a compassion center licensed pursuant to G.L. 1956, tit. 21, ch. 28.6 that is in good standing with the state department of business regulation and that has paid the fee pursuant to G.L. 1956, § 21-28.11-10 and has been authorized to sell non-medical or adult use cannabis to consumers.

Incentive zoning means the process whereby the local authority may grant additional development capacity in exchange for the developer's provision of a public benefit or amenity as specified in local ordinances.

Infrastructure means facilities and services needed to sustain residential, commercial, industrial, institutional, and other activities.

Land development project means 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 chapter.

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

Lot building coverage means that portion of the lot that is or may be covered by buildings and accessory buildings.

Lot, corner means a lot at the junction of and fronting on two or more intersecting streets. (See section 30-115.)

Lot depth means 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 means that portion of a lot abutting a street. For the purposes of dimensional regulations, lot frontage shall be the uninterrupted distance between side lot lines, not counting abrupt jogs not running with the direction of travel of the adjacent street. In the case of a corner lot, frontage shall be measured along either street line from the side lot line to the point of intersection of the abutting street line.

Lot line means 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. The lot line separating a lot from a street right-of-way.

(2)

Rear. The lot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, an assumed line at least ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.

(3)

Side. Any lot line other than a front or rear lot line.

Lot, through means a lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.

Lot width means 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.

Main use. See Principal use.

Manufactured home means, in the context of this zoning ordinance (but not in the context of section 30-205. Special flood hazard areas and flood fringe lands), the same definition as in 42 U.S.C. § 5402, meaning a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and is designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under chapter 70 of Title 42 of the United States Code; and except that such term shall not include any self-propelled recreational vehicle.

Marijuana testing provider means any entity that, under state law, may perform independent testing of marijuana or marijuana products, medical or otherwise.

Mere inconvenience. See G.L. 1956, § 45-24-41, or section 30-34(d) of this chapter. (I.e., a situation where there may be other reasonable alternatives allowing a legally permitted beneficial use of one's property.)

Mixed use means a mixture of land uses within a single development, building, or tract.

Mixed use building means a commercial building containing in addition to a commercial use or space one or more dwelling units. Each dwelling unit shall contain a minimum of 600 square feet of space.

Modification means permission granted and administered by the zoning enforcement officer of the town, and pursuant to the provisions of this chapter contained herein to grant a dimensional variance other than lot area requirements from the zoning chapter to a limited degree as determined by the zoning chapter of the town, but not to exceed 25 percent of each of the applicable dimensional requirements.

Mobile home/trailer means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities.

Multifamily dwelling. See Dwelling, multifamily.

Nonconformance means 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 or amendment. Nonconformance shall be of only two types:

(1)

Nonconforming by use. A lawfully established use of land, building or structure which is not a permitted use in that zoning district. A building or structure containing more dwelling units than are permitted by the use regulations of a zoning ordinance shall be nonconforming by use.

(2)

Nonconforming by dimension. A building, structure or parcel of land not in compliance with the dimensional regulations of the zoning chapter. Dimensional regulations include all regulations of the zoning chapter, other than those pertaining to the permitted uses. 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 chapter, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.

Non-residential cooperative means two or more cardholders who cooperatively cultivate marijuana in non-residential locations subject to the restrictions set forth in G.L. 1956, § 21-28.6-14 and this chapter.

Overlay district means a district established in a zoning ordinance 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.

Patient cultivation means marijuana cultivation by a single registered patient cardholder for medical use only, as defined in G.L. 1956, § 21-28.6.

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

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

Planned development means 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.

Preapplication conference means a review meeting of 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.

Primary caregiver means a natural person who is at least 21 years old. A primary caregiver may assist no more than five qualifying patients with their medical use of marijuana as set forth in G.L. 1956, § 21-28.6.

Primary caregiver cultivation means marijuana cultivation for medical use by a registered patient cardholder, as defined by G.L. 1956, § 21-28.6.

Principal use means the main or primary purpose for which a building, other structure and/or lot is designed, arranged or intended, or for which they may be used, occupied or maintained.

Residential cooperative means two or more cardholders who cooperatively cultivate marijuana in residential locations subject to the restrictions set forth in G.L. 1956, § 21-28.6-14 and this chapter.

A residential treatment facility shall not include the following uses: nursing home, residential care or assisted living facility for the elderly or infirm, hospital, halfway house, community residence.

Service station or filling station means a building or premises or portion thereof, arranged, intended or designed to be used for the sale of gasoline or other motor vehicle, airplane or motorboat fuel, oils, and accessories for the use of motor vehicles and the rendering of services such as lubrication, washing, [and] minor repairs with hand tools where such services [or] facilities are incidental to such principal filling station uses, but not including body or fender work or major repairs.

Setback line or lines means 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.

Single-family attached dwelling. See Dwelling, townhouse.

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

Solid waste means any waste not covered in the definition of hazardous waste.

Solid waste disposal facility means real or personal property acquired, constructed or operated for the purpose of the disposal of solid waste.

Special use means a regulated use which is permitted pursuant to a special use permit issued by the authorized governmental entity, pursuant to G.L. 1956, § 45-24-42, or section 30-34(d) of this chapter. Formerly referred to as a special exception.

Street means includes streets, avenues, highways, boulevards, parkways, roads, lanes, alleys and other public ways.

(1)

An accepted street is a street accepted by the Town of Burrillville and listed in this Code.

(2)

An improved street is a street which has been graveled and brought to grade and which is serviced by telephone and electricity.

Structure means 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.

Substandard lot of record means 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 such ordinance.

Townhouses. See Dwelling, townhouse.

Travel trailer or motor home means any vehicle or similar portable structure designed and constructed so as to permit the occupancy thereof as a temporary dwelling by one or more persons and so designated and constructed that it is or may be mounted on wheels and used as conveyance on a street or highway, propelled or drawn by its own or other motive power.

Use means 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 means 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. 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 chapter.

(2)

Dimensional variance. Permission to depart from the dimensional requirements of the zoning ordinance under the applicable standards set forth in G.L. 1956, § 45-24-41.

Waters means as defined in G.L. 1956, § 45-12-1(b). (i.e.: All surface waters including all waters of the territorial sea, tidewaters, all inland waters of any river, stream, brook, pond, or lake, and wetlands.)

Wetland, freshwater means as defined in G.L. 1956, § 2-1-20. (i.e.: Marshes; swamps; bogs; ponds; rivers; river and stream floodplains and banks; areas subject to flooding or storm flowage; emergent and submergent plan [plant] communities in any body of fresh water including rivers and streams and that area of land within 50 feet of the edge of any bog, marsh, swamp or pond.)

Yard means an open space on the same lot with a principal building or structure, unoccupied and unobstructed.

Yard, front means a required yard extending along the entire lot street frontage.

Yard, rear means a required yard extending along the entire rear lot line or lines.

Yard, side means a required yard extending from the rear of the required front yard to the front of the rear yard.

Zoning certificate means a document signed by the zoning enforcement officer, as required in the zoning chapter, which acknowledges that a use, structure, building or lot either complies with or is legally nonconforming to the provisions of the municipal zoning chapter or is an authorized variance or modification therefrom.

Zoning map means the map or maps which are a part of the zoning chapter and which delineate the boundaries of all mapped zoning districts within the physical boundary of the town.

Zoning ordinance means an ordinance enacted by the town council pursuant to G.L. 1956, § 45-24-1 et seq., 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 the town as defined in G.L. 1956, § 45-22.2-1 et seq., which includes a zoning map, and which complies with the provisions of G.L. 1956, § 45-24-1 et seq.

Zoning use districts means the basic unit in zoning, either mapped or unmapped, to which a uniform set of regulations applies, or a uniform set of regulations for a specified use. The districts include, but are not limited to: agricultural, commercial, industrial, institutional, open space and residential. Each district may include subdistricts. Districts may be combined.

(Ord. of 2-11-1998; Ord. of 4-12-2000; Ord. of 4-26-2000; Ord. of 6-13-2001; Ord. of 12-13-2017; Ord. of  2-12-2020(1); Ord. of 03-22-2023 (1); Ord. of 03-22-2023 (3); Ord. No. 12-13-2023(2); Ord. of 2-26-2025(2))

State Law reference— Zoning definitions, G.L. 1956, § 45-24-31.