Words used in the present tense include the future, the singular includes the plural and the plural the singular. The word "lot" includes the word "plot." The word "used" includes "designed" and "intended to be used." The word "building" includes "structure," the word "dwelling" includes "residence," the word "person" includes "corporation," "partnership," "association" and "individual." The word "shall" is mandatory. The words "zone" and "district," when referring to a zoning district, shall be interchangeable. Unless otherwise specified, all distances shall be measured parallel to the ground, in any direction. Terms not defined in this ordinance shall have the meaning customarily assigned to them. The following terms, unless a contrary meaning is specifically prescribed, shall have the following meanings:

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

Accessory family dwelling unit. An accessory dwelling unit for the sole use of one or more members of the family of the occupant or occupants of the principal residence, but need not have a separate means of ingress and egress.

Accessory use. A use of land or of a building, or portion thereof, customarily incidental and subordinate to the principal use of 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.

Aggrieved party. An aggrieved party, for purposes of this act [this ordinance], shall be (a) any person or entity or entities who can demonstrate that their property will be injured by a decision of any officer or agency responsible for administering this ordinance; or (b) anyone requiring notice pursuant to this ordinance.

Alteration, exterior. An action that changes one or more of the exterior architectural features of a structure or its appurtenances, including, but not limited to, the erection, construction, reconstruction, or removal of any structure or appurtenance.

Antenna. Equipment designed to transmit or receive electronic signals.

Apartment hotel. A building or portion thereof used for or containing both rooming units and dwelling units and where additional services such as restaurants, meeting rooms and recreational facilities may be provided.

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

Application. 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 purpose.

Appurtenances. Features other than primary or secondary structures which contribute to the exterior appearance of a property including, but not limited to, paving, doors, windows, signs, materials, decorative accessories, fences, and landscape features.

Auto body shop. A building or portion of a building in which major repairs are performed on automobile, truck or motorcycle bodies or chassis, including body repair, painting or priming.

Basement. That portion of a building included between the upper surface of its floor and the upper surface of the floor next above, having more than one-half of its height above the average elevation of the finished lot grade adjoining the building.

Billboard. A sign advertising products, services, facilities, events or attractions not made, sold, used, served or available on the premises displaying such sign.

Block frontage. All the property fronting on one side of a street between intersecting or intercepting streets or between a street and right-of-way, waterway, end of dead-end street or city boundary measured along the street line.

Boarding house. A building where lodging is supplied with or without meals and the operator resides on the premises. An apartment for the operator of such a facility shall be permitted and not included in the total calculation of rooms permitted.

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

Building, accessory. A subordinate building that is located on the same lot as a principal building and that is used incidentally to a principal building or that houses an accessory use. Where a substantial part of the wall of an accessory building is part of the wall of the principal building or where an accessory building is attached to the principal building in a substantial manner as by a roof, such accessory building shall be counted as part of the principal building.

Building, detached. A building having no party wall in common with another building.

Building, principal. The primary building on a lot or a building that houses a principal use.

Building, semi-detached. A building having one party wall common with an adjoining building.

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

Building frontage. The width of a building abutting or parallel to the street line.

Building height. The vertical distance measured from the grade, as defined herein, on the street frontage of the building, to the highest point of the roof structure. The distance may exclude spirals, chimneys, flagpoles and the like as per section 509 of this ordinance.

Building official. The director of minimum housing of the City of Central Falls and the zoning enforcement officer.

Cellar. That portion of a building included between the upper surface of its floor and the upper surface of the floor next above, having less than one-half its height above the average elevation of the finished lot grade adjoining the building.

Cemetery. Land used for the burial of the dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.

City. The City of Central Falls.

Cluster. A site planning technique that concentrates building 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.

Common ownership. Either (a) ownership by one or more individuals or entities in any form of ownership of two or more contiguous lots; or (b) ownership by an association (such ownership may also include a municipality) of one or more lots under specific development techniques.

Community center. A building or group of buildings whose sole purpose is to house a nonprofit service, fraternal, or sectarian organization, including administrative offices, child and elderly programs, recreation and assembly.

Community residence. 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:

(a)

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.

(b)

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.

(c)

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.

(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 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.

Comprehensive plan. The comprehensive plan adopted by the city and approved pursuant to G.L. 1956, § 45-22.2.

Condominium. A structure containing two or more units, the interior space of which units are individually owned; the balance of the property (common area) is owned in common by the owners of the individual units.

Construction. The act of adding to an existing structure or erecting a new principal or accessory structure or appurtenances to a structure, including, but not limited to, buildings, extensions, outbuildings, fire escapes, and retaining walls.

Council. The city council of the City of Central Falls.

Day care—Day care center. Any other day care center which is not a family day care home.

Day care—Family day care home. 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 care giver, but may not contain more than a total of eight individuals receiving such care.

Demolition. An act or process that destroys a structure or its appurtenances in part or in whole.

Density, residential. The number of dwelling units per unit of land.

Development. 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. The process whereby the planning division is authorized to review the site plans, maps and other documentation of a development to determine the compliance with the stated purposes and standards of this ordinance.

Director. Director of the division of planning of the City of Central Falls.

District. See zoning use district.

Dormitory. A building used as rooming units for a student body or religious order as an accessory use for a college, university, boarding school, orphanage, convent, monastery, or other similar institution.

Drainage system. 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.

Driveway. That portion of a lot that consists of a travel lane used to access a parking area or garage and which is bounded on either side by an area that is not part of the parking area.

Dwelling unit. 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, multi-household. A building or portion thereof used for occupancy by three or more households living independently of each other.

Dwelling, one-household. A building used exclusively for one household and containing only one dwelling unit.

Dwelling, two-household. A building used exclusively for occupancy by two households living independently of each other.

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

Formula business. A business which is required by contractual or other arrangement to maintain one or more of the following items: standardized ("formula") array of services and/or merchandise, trademark, logo, service mark, symbol, decor, architecture, layout, uniform, or similar standardized features and which causes it to be substantially identical to more than five other businesses regardless of ownership or location. Formula businesses are regulated either by the City of Central Falls or the State of Rhode Island and can include, but are not limited to, the following: restaurants, retail stores, banks, real estate sales offices, spas, hair and nail salons, and hotel/motel/inn/B&B.

Garage, parking. Any building, except those herein defined as a private garage, used for parking of vehicles, and with not more than two pumps for the incidental sale of gasoline. Such buildings may include stores and other commercial establishments, providing they conform to all regulations of the zone in which they are located.

Garage, private. A detached accessory building or portion of a principal building, used for storage of vehicles where the capacity does not exceed one vehicle for each 2,500 square feet of lot area, but need not be for less than two vehicles.

Garage repair shop. A building or portion of a building in which repairs, other than major structural repairs, are made to vehicles.

Gasoline service station. A building or portion of a building in which automotive repairs or services are performed; fuel, oil, batteries and accessories are sold; grease racks, elevators and tire-mounting devices are employed; but excluding automobile body repairing and painting and sale of automotive body parts.

GFA (gross floor area). The sum of the gross horizontal area of the several floors of a building measured from the exterior face of exterior walls, but not including interior parking spaces, loading spaces for motor vehicles, or any space where the floor to ceiling height is less than six feet.

Grade. A reference plane representing the average of finished ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line, or when the lot line is more than six feet from the building, between the building and a point six feet from the building.

Group quarters. A dwelling unit in which individuals requiring supervision are provided living, sleeping, cooking, eating and sanitation facilities.

Halfway house. 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 [becoming] a functional member of society.

HDC. The historic district commission of the City of Central Falls.

Home occupation. Any activity customarily carried out for gain by a resident which is conducted as an accessory use in the resident's dwelling unit.

Hospital. An institution licensed by the State of Rhode Island to provide primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.

Hotel/motel. A building or portion thereof where temporary lodging is supplied and where additional services such as restaurants, meeting rooms and recreational facilities may be provided.

Household. 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. Any individual household shall consist of any one of the following: (a) a family, which may also include servants and employees living with the family, and (b) a person or group of not more than three unrelated persons living together.

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

Junkyard, including auto wrecking. A lot or part thereof used for the storage, keeping or abandonment of junk, including scrap metal or other scrap material, or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.

Kennel. A commercial operation that (i) provides food and shelter and care of animals for purposes not primarily related to medical care (a kennel may or may not be run by or associated with a veterinarian), or (ii) engages in the breeding of animals for sale.

Land development project. 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 residential, commercial, institutional, recreational, open space, and/or mixed use as provided for [in] this ordinance.

Less restrictive zone. The order of zones from less restrictive to more restrictive is: M-2, M-1, C-D, C-2, C-1, CM, P, R-3, R-2, and R-1.

Lodging. The provision of a rooming unit or units for compensation.

Lot. Either (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, corner. A lot at the junction of and fronting on two or more intersecting streets, both of which are 20 feet or more in width.

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

Lot area. The total area circumscribed by the boundaries of a lot, except that: (i) when the legal instrument creating a lot shows the boundary of the lot extending into a public street right-of-way, then the lot boundary for purposes of computing the lot area shall be the street right-of-way line, or if the right-of-way line cannot be determined, a line running parallel to and 30 feet from the center of the traveled portion of the street; and (ii) in a residential district, when a private road that serves more than three dwelling units is located along any lot boundary, then the lot boundary for purposes of computing the lot area shall be the inside boundary of the traveled portion of that road.

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

Lot depth. 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. That portion of a lot abutting a street. Where all lot frontage is not contiguous, then only the largest single portion of such lot frontage will be considered with regard to minimum frontage requirements.

Lot line. 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:

(a)

Front: Any lot line separating a lot from a street right-of-way;

(b)

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; and

(c)

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

On a corner lot, or irregularly shaped lot, there may be more than one front lot line.

Lot width. 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 line at the minimum front setback line.

Mixed use. A mixture of land uses within a single development, building or lot. Under some circumstances, a second principal use may be regarded as accessory to the first, and thus a combination use is not established. In addition, when two or more separately owned or separately operated enterprises occupy the same lot, and all such enterprises fall within the same principal use classification, this shall not constitute a mixed use.

Mobile home. A structure designed or used for residential occupancy built upon or having a frame or chassis to which wheels may be attached by which it may be moved upon a highway, whether or not such structure actually has, at any given time, such wheels attached, or is jacked up or skirted, or attached to a permanent slab foundation.

More restrictive zone. The order of zones from more restrictive to less restrictive is: R-1, R-2, R-3, P, CM, C-1, C-2, C-D, M-1 and M-2.

Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully existing at the time of the adoption or amendment of this ordinance and not in conformity with the provisions of such ordinance or amendment. Nonconformance shall be of only two types:

(a)

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 this ordinance shall be nonconforming by use; and

(b)

Nonconforming by dimension: A building, structure, or parcel of land not in compliance with the dimensional regulations of this ordinance. Dimensional regulations include all regulations of this ordinance other than those pertaining to the permitted uses.

A building or structure containing more dwelling units than are permitted by the use regulations of this ordinance shall be nonconforming by use, while a building or structure containing a permitted number of dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.

Nursing home. A facility licensed by the State of Rhode Island, and maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital.

Overlay district. A district that is superimposed on one or more district or parts of districts and that imposes specified requirements in addition to those otherwise applicable for the underlying zone and or which allow alternate uses (see section 101.4 of this ordinance).

Owner. Any person, agent, firm or corporation who, alone, jointly, or severally with others: (a) shall have legal or record title to any property; or (b) shall have charge, care or control of any property as agent, executor, administrator, trustee or guardian.

Parking, accessory use. Off-street parking of automobiles on the same or contiguous lot as a principal use where said parking is established or required in conjunction with the principal use.

Parking, principal use. Off-street parking of automobiles on one or more lots where parking spaces for more than four automobiles are available for public use whether free, for compensation, or to satisfy parking requirements of a principal use on separate and noncontiguous lots.

Parking area aisles. A portion of paved area consisting of lanes providing access to parking spaces.

Parking space. A portion of paved area set aside for the parking of one vehicle.

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

Pre-application conference. A review meeting of a proposed development held between applicants and the planning division, before formal submission of an application for a permit or for development approval.

Removal. A relocation of a structure on its site or to another site.

Repair. A change meant only to remedy damage or deterioration of a structure or its appurtenances.

Rest home. Group lodging for convalescing people, including [the] elderly, where basic services are provided.

Rooming House. A building where lodging is supplied in rooming units.

Rooming unit. A room or suite of rooms having an independent means of access within a building, with facilities intended for sleeping and living.

Setback line or lines. A line or lines parallel to a lot line at the minimum distance of the required setback for the zoning district in which the lot is located that establishes the area within which the principal structure must be erected or placed.

Shared parking. Shared parking is a parking land use technique that may be utilized when land uses have different predictable parking demand patterns such that different groups of parkers are able to use the same parking spaces/areas at different time periods throughout the day. Shared parking is most effective when these land uses have significantly different peak parking characteristics that vary by time of day, day of week, and/or season of the year. In these situations, shared parking strategies will result in fewer total parking spaces needed when compared to the total number of spaces needed for each land use or business separately. Land uses often used in specific shared parking arrangements include office, restaurants, residential developments, retail, schools, churches and cinemas. Shared parking is often effectively utilized in mixed-use developments.

Sign. Any device that is sufficiently visible to persons not located on the lot where such device is located to attract the attention of such persons or to communicate information to them.

Sign, freestanding. A sign that is attached to, erected on, or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure having a principal function other than the support of a sign.

Sign, off-premises. A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other activity that is conducted, sold, or offered at a location other than the premises on which the sign is located.

Sign, temporary. A sign that (i) is used in connection with a circumstance, situation, or event that is designed, intended or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign, or (ii) is intended to remain on the location where it is erected or placed for a period of not more than 15 days. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary.

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

Special use. A regulated use which is permitted pursuant to a special use permit issued by the board. Formerly referred to as a special exception.

Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above; also, any portion of a building used for human occupancy between the topmost floor and the roof. A basement may be counted as a story but a cellar shall not be so counted.

Street. A public right-of-way established by or maintained under public authority, a private way open for public uses, and a private way plotted or laid out for ultimate public use, whether or not constructed.

Street line. The line dividing a lot from any street, except a limited or controlled access highway to which the lot has no access.

Structure. 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, including, but not limited to, buildings, gazebos, billboards, outbuildings, and swimming pools.

Substandard lot of record. Any lot lawfully existing at the time of adoption or amendment of this ordinance and not in conformance with the dimensional and/or area provisions of such ordinance or amendment.

Temporary lodging. Lodging typically leased for less than one month increments, as in hotel and motel.

Tower. Any structure whose principal function is to support transmitting or receiving antenna and related electronic devices.

Transitional housing. See Community residence.

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

Use, accessory. A subordinate use located on the same lot with the principal building, or subordinate use of land, either of which is customarily incident to and serves the principal building or the principal use of the land.

Use, principal. The primary or predominant use of any lot.

Utility facilities. Any aboveground structures or facilities (other than buildings, unless such buildings are used as storage incidental to the operation of such structures or facilities) owned by a governmental entity, a nonprofit organization, a corporation, or any entity defined as a public utility for any purpose by the State of Rhode Island and used in connection with the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, gas, oil, or electronic signals.

Variance. Permission to depart from the literal requirements of this ordinance. An authorization for the construction or maintenance of a building or structure, or for the establishment or maintenance of a building or structure, or for the establishment or maintenance of a use of land, which is prohibited by this ordinance. There shall be only two categories of variance, a use variance or a dimensional variance:

(a)

Use variance. Permission to depart from the use requirements of this 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 this ordinance;

(b)

Dimensional variance. Permission to depart from the dimensional requirements of this ordinance, where the applicant for the requested relief has shown, by evidence upon the record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use of the subject property unless granted the requested relief from the dimensional regulations. However, the fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief, although it may be an incidental result of the relief.

Vehicle, commercial. Automobile vehicle used for commercial transportation purposes, including, but not limited to trucks (all types and weights), van used for delivery and service, tractor-trailer, garbage pickup or dump truck, dumpster truck, or similar type vehicle.

Wholesale sales. On-premises sales of goods primarily to customers engaged in the business of reselling the goods.

Yard, front. A yard extending across the full width of the lot, the depth of which shall be the least distance between the building and the street, and which is open, unoccupied and unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in this ordinance.

Yard, side. A yard extending from the side of the building to the side lot line, the length of which is measured from the front lot line to the rear lot line.

Yard, rear. A yard extending across the full width of the lot, measured from the rear of the building to the rear lot line.

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

Zoning map. The map or maps which are a part of this ordinance and which delineate the boundaries of all mapped zoning districts within the physical boundary of the city.

Zoning use districts. The basic unit in zoning to which a uniform set of regulations applies, or a uniform set of regulations for a specified use.

(Ord. of 10-14-2020(1), § 1)