"Abutter"means one whose property abuts, that is, adjoins at a border,
boundary or point with no intervening land.
"Accessory retail"means retail sale activity at a warehouse or manufacturing
establishment, offering for sale only those goods manufactured or
wholesaled from that establishment. Said activities shall not be more
that the lesser of twenty-five (25) percent of the total GFA of the
parent establishment or seven thousand five hundred (7,500) square
feet.
"Accessory structure"means a structure which is on the same parcel as the principal
structure to be insured and the use of which is incidental to the
use of the principal structure.
"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. 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.
"Addition" (for use with Chapter 17.76 flood hazard districts only)means a walled and roofed expansion to the perimeter of a
structure in which the expansion is connected by a common load-bearing
wall other than a firewall. A walled and roofed expansion, which is
connected by a firewall or is separated by independent perimeter load-bearing
walls, shall be treated as new construction.
"Adult day care"means a facility providing care for the elderly and/or functionally
impaired adults in a protective setting for a portion of a 24-hour
day.
"Adult entertainment"means businesses and commercial establishments where a "substantial
portion" of the establishment includes an adult arcade, adult bookstore,
adult novelty store, adult video store, adult cabaret, adult motel,
adult motion picture theater, adult theater, escort or modeling agency,
massage parlor (excluding day spa) or other adult entertainment use
or any combination thereof.
"Adult arcade"means an establishment where, for any form of consideration,
one or more still or motion picture projectors, slide projectors or
similar machines or other image producing machines, for viewing by
five or fewer persons each, are regularly used to show films, motion
pictures, video cassettes, slides or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
"Adult bookstore" (also "adult novelty" or "adult video store")means an establishment that has a substantial portion of
its stock-in-trade and offers for sale, for any form of consideration,
any one or more of the following:
1. Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, video cassettes, slides or other visual representations
that are characterized by an emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas; or
2. Instruments, devices or paraphernalia that are designed for
use in connection with specified sexual activities.
"Adult cabaret"means a night club, bar, restaurant or similar establishment
that regularly or occasionally features live performances that are
characterized by the exposure of specified anatomical areas.
"Adult motel"means a motel, hotel or similar commercial establishment
which offers public accommodations, for any form of consideration
and also offers patrons closed-circuit television transmission, films,
motion pictures, video cassettes, slides or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas and which advertises
the availability of this type of entertainment by means of a sign
visible from the public right-of-way or by means of any off-premises
advertising including but not limited to newspapers, magazines, pamphlets
or leaflets, radio or television.
"Adult motion picture theater"means an establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or other similar photographic
reproductions are shown and in which a substantial portion of the
total presentation time is devoted to the showing of material characterized
by an emphasis on the depiction or description of specified sexual
activities or specified anatomical areas.
"Adult theater"means any theater, concert hall, auditorium or similar commercial
establishment which, for any form of compensation, regularly features
live performances of persons who expose specified anatomical areas.
"Aggrieved party"means:
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 ordinance of a city
or town; or
2. Anyone requiring notice pursuant to this chapter.
"Agricultural operations"means any commercial enterprise which has as its primary
purpose horticulture, viticulture, viniculture, floriculture, forestry,
stabling of horses, dairy farming, or aquaculture, or the raising
of livestock, including for the production of fiber, furbearing animals,
poultry, or bees, and all such other operations, uses, and activities
as the Director of the Rhode Island Department of Environmental Management,
in consultation with the chief of division of agriculture may determine
to be agriculture, or an agricultural activity, use or operation.
"Alternative energy generation"means any facility or installation such as a windmill or
hydroelectric unit, which is designed and intended to produce energy
from natural forces such as wind, water, or geothermal heat, for offsite
use.
"Animal day care"means a facility providing care for domestic animals that
do not reside in the facility, that are present primarily during daytime
hours and that do not board. An animal day care may include incidental
grooming.
"Animal grooming service"means any place or establishment, public or private, where
animals are bathed, clipped, or combed for the purpose of enhancing
their aesthetic value or health and for which a fee is charged.
Antenna.See telecommunications definitions.
"Antique shop"means a premises used for the sale or trading of articles
of which ninety (90) percent or more of the inventory are over fifty
(50) years old or have collective value.
"Appeal" (for use with Chapter 17.76, flood hazard districts only)means a request to the Zoning Board of Review to review the
Inspector of Buildings' interpretation of any provision of this Chapter
or a request for a variance.
"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.
"Area of shallow flooding"means a designated AO, AH, AR/AO, AR/AH, or VO zone on a
FIRM with a one percent or greater annual chance of flooding to an
average depth of one foot to three feet where a clearly defined channel
does not exist, where the path of flooding is unpredictable and where
velocity flow may be evident. Such flooding is characterized by ponding
or sheet flow.
"Artisan's workshop (studio)"means any establishment for the preparation, display, and
sale of individually crafted artwork, jewelry, furniture, sculpture,
pottery, leather craft, hand-woven articles and related items.
"Arts and crafts manufacturing"means any manufacturing establishment that produces on the
premises articles for sale of artistic quality or effect or handmade
workmanship. Examples include candle making, glass blowing, weaving,
pottery making, woodworking, sculpting, painting, and other associated
activities.
"Asphalt, cement or concrete plant"means an industrial facility used for the production of asphalt,
cement or concrete, or asphalt or concrete products, used in building
or construction, and includes facilities for the administration or
management of the business, the stockpiling of bulk materials used
in the production process or of finished products manufactured on
the premises and the storage and maintenance of required equipment,
but does not include the retail sale of finished asphalt or concrete
products.
"Assisted living facility"means a non-institutional shared living environment which
integrates shelter and service needs for functionally impaired and
older persons who can maintain a semi-independent lifestyle and who
do not require constant supervision or intensive health care as provided
by an institution. Each congregate unit has its own bedroom and may
have a separate or shared living room, kitchen, dining area or bathroom.
"Automobile body repair shop/paint shop"means activities involving the repair, painting, or undercoating
of the body or frame of vehicles. Body and frame repair does not include
mechanical engine or power train repair.
"Balloons"means any inflated or inflatable object, with or without
copy.
"Bakery, retail"means an establishment primarily engaged in the retail sales
of baked products for consumption off site. The products may be prepared
either on or off site. Such use may include incidental food service.
Bakery, Wholesale."Wholesale bakery" means a bakery in which there is production
and/or wholesaling of baked goods, but where over-the-counter or other
retail dispensing of baked goods shall be prohibited.
"Band"means a clearly defined range of radio frequencies dedicated
to a particular purpose.
"Bank, financial institution"means a financial institution that is open to the public
and engaged in depository banking and that performs closely related
functions such as making loans, investments, and fiduciary activities.
A bank, financial institution may include a drive thru activity.
"Banner"means any sign of lightweight fabric or similar material
that is temporarily or permanently mounted to a pole or a building
by a permanent frame at one or more edges. National flags, state or
municipal flags or the official flag of any institution or business
shall not be considered banners.
"Banquet facility"means an establishment which is rented by individuals or
groups to accommodate private functions including, but not limited
to, banquets, weddings, anniversaries and other similar celebrations.
Such a use may include: 1) kitchen facilities for the preparation
or catering of food; 2) the sale of alcoholic beverages for on-premises
consumption, only during scheduled events and not open to the general
public; and 3) outdoor gardens or reception facilities.
"Barber shop/beauty salon"means any establishment where cosmetology services are provided
including hair care, nail care and skin care on a regular basis for
compensation.
"Base flood"means the flood having a one percent chance of being equaled
or exceeded in any given year.
"Base flood elevation (BFE)"means the elevation of surface water resulting from a flood
that has a one percent chance of equaling or exceeding that level
in any given year. The BFE is shown on the FIRM for zones AE, AH,
A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30 and VE.
"Basement"means any area of the building having its floor subgrade
(below ground level) on all sides.
"Beacon"means any light with one or more beams directed into the
atmosphere or directed at one or more points not on the same zone
lot as the light source; also, any light with one or more beams that
rotate or move.
"Body art establishment"means a place or premises where the practices physical body
adornment using, but not limited to the following techniques: Body
piercing, tattooing, branding and scarification are performed. This
definition does not include practices that are considered medical
procedures by the board of registration in medicine in the state,
such as implants under the skin and for the application of permanent
make-up.
"Book, stationery, gift shop"means a retail establishment that, as its primary business,
engages in the sale, rental or other charge for use of books, magazines,
newspapers, greeting charts, postcards, videotapes, computer software
or any other printed or electronically conveyed information or media,
excluding adult entertainment.
"Breakaway wall"means a wall that is not part of the structural support of
the building and is intended through its design and construction to
collapse under specific lateral loading forces, without causing damage
to the elevated portion of the building or supporting foundation system.
"Brew pub"means an eating place that includes the brewing of beer as
an accessory use. The brewing operation processes water, malt, hops,
and yeast into beer or ale by mashing, cooking, and fermenting. The
area used for brewing, including bottling and kegging, shall not exceed
twenty-five (25) percent of the total floor area of the commercial
space. The brewery shall not produce more than one thousand five hundred
(1,500) barrels of beer or ale per year. A barrel is equivalent to
thirty-one (31) gallons.
"Brewery"means an establishment that brews ales, beers, meads, and/or
similar beverages on site, excluding brew pub. Breweries are classified
as a use that manufactures more than fifteen thousand (15,000) barrels
of beverage (all beverages combined) annually.
"Broadcasting studio"means commercial and public communications uses including
radio, satellite and television broadcasting and receiving stations
and studios, with facilities entirely within buildings.
"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 envelope"means the three-dimensional space within which a structure
is permitted to be built on a lot and which is defined by regulations
governing building setbacks, maximum height and bulk by other regulations;
and/or any combination thereof.
"Building height"means the vertical distance from grade to the highest point of the structure. Grade shall be the average ground level of the portion of the lot adjoining and within ten (10) feet of the building where it sets back from the street line ten (10) feet or more. In determining building height of belfries, steeples, chimneys, towers and other similar projections, the vertical distance measured shall be as set forth herein, to the highest point of said projection. For commercial, institutional and multi-family buildings exceeding ten thousand (10,000) square feet of gross floor area this measurement shall be taken where the exterior wall meets the roofline only if conditions articulated in Section
17.24.010 can be met.
"Building marker"means any sign indicating the name of a building and date
and incidental information about its construction, which sign is cut
into a masonry surface or made of bronze or other permanent material.
"Business professional office"means a building or portion thereof where services, clerical
work, professional duties and related activities are carried out.
Services offered are on an individual basis as opposed to services
performed on objects or personal property. Business/professional include,
but are not limited to, brokerage offices, insurance offices, professional
offices (i.e. accountants, engineers, lawyers, etc.) real estate offices,
ticket offices and travel agencies. Business/professional offices
do not include banks or medical clinics.
"Business/trade school"means an enterprise offering instruction and training in
a trade, service or the arts such as construction, secretarial, cosmetology,
commercial artist, computer software, legal, and similar training,
provided that such enterprise does not offer student housing or athletic
facilities at the site.
"Capacity or land capacity"means the suitability of the land, as defined by geology,
soil conditions, topography and water resources, to support its development
for uses such as residential, commercial, industrial, open space or
recreation. Land capacity may be modified by provision of facilities
and services.
"Car wash/detailing"means a building or premises or portions thereof used for
washing, cleaning or detailing of automobiles.
"Catering service"means an establishment in which the principal use is the
preparation of food and meals on the premises, and where such food
and meals are delivered to another location for consumption.
"Cemetery"means land used or dedicated to the burial of the dead (humans
and pets), including crematoriums, mausoleums, necessary sales and
maintenance facilities. Mortuaries shall be included when operated
within the boundary of such cemetery.
"Check-cashing facility"means a person or business that for compensation engages,
in whole or in part, in the business of cashing checks, warrants,
drafts, money orders, or other commercial paper serving the same purpose.
"Check cashing facility" does not include a state or federally chartered
bank, savings association, credit union, or industrial loan company.
"Check cashing facility" also does not include a retail seller engaged
primarily in the business of selling consumer goods, including consumables,
to retail buyers that cash checks or issue money orders for minimum
flat fee not exceeding two dollars ($2.00) as a service that is incidental
to its main purpose or business.
"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. All cluster type developments in Cranston
shall conform to the requirements of Article VII.
"Coastal A zone"means those parts of the city's coastal floodplain, inland
from the mapped V zone, that are subject to the damaging effects of
waves, velocity flows, erosion, scour or combination of those forces.
The boundary of the coastal A zone shall be the limit of moderate
wave action as shown on the FIRM.
"Coastal features"means as defined in Chapter 23 of Title 46 of the General
Laws of the state of Rhode Island.
"Channel"means a segment of a frequency band. Also referred to as
"frequency."
"Co-location"means locating wireless communications equipment from more
than one provider on a single tower or structure within a single site.
"Commercial message"means any sign wording, logo or other representation that,
directly or indirectly, names, advertises or calls attention to a
business, product, service or other commercial activity.
"Commercial laundry, dry cleaning service"means a building, portion of a building, or premises used
for cleaning fabrics, textiles, wearing apparel, or articles of any
sort by immersion and agitation, or by immersions only, in volatile
solvents.
"Commercial off-street parking"means a structure or lot of any part thereof for the storage of licensed motor vehicles for a fee. No fuel service activities may be carried on in said facility. Off-site parking authorized under Section
17.64.010(B) shall not be defined as commercial off-street parking.
"Commercial recreation"means any establishment whose main purpose is to provide
the general public with an amusing or entertaining activity and where
tickets are sold or fees are collected for the activity. Includes,
but not limited to, skating rinks, water slides, miniature golf courses,
arcades, bowling alleys, and billiard halls, but not movie theaters.
This use shall not include adult entertainment uses.
"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.
"Communications service"means an establishment primarily engaged in the provision
of broadcasting and other information relay services accomplished
through the use of electronic and telephonic mechanisms. Excluded
are facilities classified as major utility services or broadcasting
or communication towers. Typical uses include television studios,
telecommunication service centers, telegraph service offices, or film
and sound recording facilities.
"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 mentally challenged children or adults
reside in any type of residence in the community, as licensed by the
state pursuant to Chapter 24 of Title 40.1 of the General Laws of
Rhode Island. 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 Chapter
24 of Title 40.1 of the RIGL;
3. 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 RIGL;
4. A community transitional residence providing care or assistance
or both, to no more than six unrelated persons or no more than three
families, not to exceed a total of eight persons, requiring temporary
financial assistance and/or to persons who are victims of crimes,
abuse or neglect and who are expected to reside in that residence
not less than sixty (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"means the comprehensive plan adopted and approved pursuant
to Chapter 22.2 of Title 45 of the RIGL and to which any zoning adopted
pursuant to this chapter shall be in compliance.
"Consignment shop"means an enclosed facility in which used personal items such
as clothes, jewelry, or artifacts or small furniture is resold though
a broker for the owner at an agreed upon price.
"Container storage"means the placement or storage of a container designed for
transportation of freight and for the storage of containers for refuse
to be recycled or trucked to another location.
"Convenience store"means a single store, the ground floor area of which is five
thousand (5,000) square feet or less and which offers for sale primarily
bread, milk, cheese, canned and bottled foods and drinks, tobacco
products, candy, papers and magazines, and general hardware articles.
"Corner lot"means a lot at the junction of and fronting on two or more
public ways intersecting at an angle of less than one hundred thirty-five
(135) degrees.
"Contractor yard"means a premise used by a construction contractor for the
storage of equipment and supplies, fabrication of subassemblies and
parking of wheeled or tracked equipment. Said yard shall be fenced
and secured.
"Cost" (for use with Chapter 17.76 flood hazard districts only)means the cost of any reconstruction, rehabilitation, addition,
alteration, repair or other improvement of a structure established
by a detailed written contractor's estimate. The estimate shall include,
but not be limited to: The cost of materials (including interior finishing
elements), structural elements, utility and service equipment (including
heating and air conditioning and utility meters); sales tax on materials,
building equipment and fixtures; labor; built-in appliances; demolition
and site preparation; repairs made to damaged parts of the building
worked on at the same time and contractor's overhead and profit. Items
to be excluded include: cost of plans and specifications, survey costs,
permit fees, outside improvements such as septic systems, water supply
wells, landscaping, sidewalks, fences, yard lights, irrigation systems,
and detached structures such as garages, sheds, and gazebos.
"Crematory"means an establishment where human or animal body or body
parts are reduced by direct flame to residue which includes bone fragments
and the pulverization of said bone fragments to coarse powdery consistency.
"Critical facility"means a structure or other improvement that; because of its
function, size, service area, or uniqueness; has the potential to
cause serious bodily harm, extensive property damage or disruption
of vital socioeconomic activities if it is destroyed or damaged or
if its functionality is impaired. Critical facilities include the
following categories:
1. Structures or facilities that produce, use or store highly volatile,
flammable, explosive, toxic and/or water-reactive materials.
2. Hospitals, nursing homes and housing likely to contain occupants
who may not be sufficiently mobile to avoid death or injury during
a flood.
3. Police and fire stations, vehicle and equipment storage facilities
and emergency operations centers that are needed for flood response
activities.
4. Utility facilities that are vital to maintaining or restoring
normal services to flood areas.
5. Facilities which, if flooded, would cause loss of irreplaceable
public records.
"Cultural use"means a library, museum or similar public or quasi-public
use displaying, preserving and exhibiting objects of community and
cultural interests in one or more of the arts or sciences.
"Data processing facility"means facilities where electronic data is processed by employees,
including, without limitation, data entry, storage, conversion or
analysis, subscription and credit card transaction processing, telephone
sales and order collection, mail order and catalog sales, and mailing
list preparation.
"Day spa"means an establishment that provides state licensed, professionally
administered therapeutic massage and body treatments. A day spa services
may include body wraps, skin exfoliation, electrolysis, body toning,
waxing, aromatherapy, and facial treatments. Full service beauty shops/salons,
makeup consultation and applications, manicure and pedicure services,
and body tanning may be provided as accessory services to a day spa.
"Development"means any man-made change to improved or unimproved real
estate, including but not limited to the construction of buildings
or structures; the construction of additions, alterations or substantial
improvements to buildings or structures; the placement of buildings
or structures; mining, dredging, filling, grading, paving, excavation
or drilling operations or storage of equipment; the storage, deposition,
or extraction of materials; and the installation, repair or removal
of public or private sewage disposal systems or water supply facilities.
"Development" (for use with Chapter 17.76 flood hazard districts only)means any man-made change to improved or unimproved real
estate, including but not limited to the construction of structures;
mining, dredging, filling, grading, paving, excavation or drilling
operations or the storage of equipment or materials.
"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 the ordinance.
"Dimensional variance"means permission to depart from the dimensional requirements
of this chapter, under the applicable standards set forth in RIGL
§ 45-24-41.
"Director"means the inspector of buildings as defined in the city charter (see Section
9.07, Department of Inspections) or his or her designee.
"Dish antenna"means a dish-like antenna ranging from two feet to eight
feet in diameter used to link communications sites together by wireless
transmission of voice or data. Also called microwave antenna or microwave
dish antenna.
"Distillery"means an establishment that produces by distillation spirits
for consumption; the sales of which are subject to state and federal
regulation.
"Distribution center"means a facility for the receipt, transfer, short-term storage
and dispatching of goods transported primarily by truck. Included
in the use type would be express and other main and packing distribution
facilities.
"Dormitory"means a structure specifically designed for a long-term stay
by students of a higher education institution for the purpose of providing
rooms for sleeping. One common kitchen and some common gathering rooms
for social purposes may also be provided.
"Drainage system"means a 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 groundwaters
and the prevention and/or alleviation of flooding.
"Drive-in restaurant"means any restaurant that encourages or permits customers
to receive services, obtain goods or food while remaining in their
motor vehicles.
"Driveway"means a private way for vehicles to move between a street
and a location within a lot.
"Drug store"means a store where the primary business is the filling of
medical prescriptions and the retail sale of drugs, medical devices
and supplies and nonprescription medicines, but where non-medical
products are sold as well at retail. A drug store may include a drive
thru activity.
"Dry floodproofing"means any combination of structural and non-structural waterproofing
measures incorporated in a structure that is not elevated to the BFE
or the elevation required by the Rhode Island Building Code, whichever
is greater, that keeps water from entering the building in order to
prevent or minimize flood damage.
"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.
"Elderly"means any person sixty (60) years of age or older.
"Elevated structure"means a non-basement building that has its lowest elevated
floor raised above ground level by foundation walls, shear walls,
posts, piers, pilings, or columns. Solid (perimeter) foundations walls
are not an acceptable means of elevating buildings in V and VE zones.
"Elevation certificate"means a statement certified by a professional engineer (PE)
or professional land surveyor (PLS), on a FEMA approved form, which
verifies a structure's elevation and other related information needed
to verify compliance with this chapter.
"Enclosure"means that portion of an elevated building below the lowest
elevated floor that is either partially or fully shut in by rigid
walls.
"Encroachment"means the physical advance or infringement of uses, plant
growth, or development into a floodplain.
"Escort or model"means a person who, for any form of consideration, agrees
or offers to privately perform strip teases which expose specified
anatomical areas or offers or agrees to model lingerie or other types
of clothing which expose specified anatomical areas.
"Escort or modeling agency"means a person or business association who furnishes, offers
to furnish or advertises to furnish escorts or models, as herein defined,
as one of its primary business purposes for a fee, tip or other consideration.
"Existing manufactured home park" or "manufactured home subdivision" (for use with Chapter 17.76 flood hazard districts only)means a manufactured (mobile) home park or subdivision for
which the construction of facilities servicing the lots on which the
manufactured (mobile) homes are to be affixed (including, as a minimum,
the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed before
November 27, 1974.
"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; gravel pits; 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 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
care giver, but may not contain more than a total of eight individuals
receiving day care.
"Federally insured or assisted housing"means:
1. Low income housing units insured or assisted under Sections
221(d)(3) and 236 of the National Housing Act (12 U.S.C. Section 1701
et seq.);
2. Low income housing units produced with assistance under Section
8 of the U.S. Housing Act of 1937 (42 U.S.C. Section 1401 et seq.);
and
3. Rural low income housing financed under Section 515 of the Housing
Act of 1949 (12 U.S.C. Section 1715Z).
"Finished living space" (for use with Chapter 17.16, special flood hazard districts only)means fully enclosed areas below the base flood elevation
that are not considered a basement cannot have finished living space
and needs to be designed to be exposed to flood forces. These spaces
can only be used for parking, building access or limited storage.
Finished living space can include, but is not limited to, a space
that is heated and/or cooled, contains finished floors (tile, linoleum,
hardwood, etc.), has sheetrock walls that may or may not be painted
or wallpapered, and other amenities such as furniture, appliances,
bathrooms, fireplaces and other items that are easily damaged by floodwaters
and expensive to clean, repair or replace.
"Flag"means any fabric, banner or bunting containing distinctive
colors, patterns or symbols, conveying a commercial message used as
a means of advertisement.
"Floating zone"means an unmapped zoning district adopted within the ordinance
which is established on the zoning map only when an application for
development, meeting the zone requirements, is approved.
"Flood" or "flooding"means:
1. A general and temporary condition of partial or complete inundation
of normally dry land areas from:
a. The overflow of inland or tidal waters.
b. The unusual and rapid accumulation or runoff of surface waters
from any source.
c. Mudslides (i.e., mudflows) which are proximately caused by flooding
as defined in paragraph (1)(b) of this definition and are akin to
a river of liquid and flowing mud on the surfaces of normally dry
land areas, as when earth is carried by a current of water and deposited
along the path of the current.
2. The collapse or subsidence of land along the shore of a lake
or other body of water as a result of erosion or undermining caused
by waves or currents of water exceeding anticipated cyclical levels
or suddenly caused by an unusually high water level in a natural body
of water, accompanied by a severe storm, or by an unanticipated force
of nature, such as flash flood or an abnormal tidal surge, or by some
similarly unusual and unforeseeable event which results in flooding
as defined in paragraph (1)(a) of this definition.
"Flood insurance rate map (FIRM)"means an official map of a community, on which the Federal
Insurance Administrator has delineated both the special hazard areas
and the risk premium zones applicable to the community. A FIRM that
has been made available digitally is called a digital flood insurance
rate map (DFIRM).
"Flood insurance study (FIS)"means an examination, evaluation and determination of flood
hazards and, if appropriate, corresponding water surface elevations,
or an examination, evaluation and determination of mudslide (i.e.,
mudflow) and/or flood-related erosion hazards.
"Floodplain"means any land area susceptible to being inundated by flood
waters from any source. (See definition of flood or flooding.)
"Floodproofing"means any combination of structural and non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
"Floodproofing certificate"means a statement certified by a PE or a registered architect,
on a FEMA approved form, stating that a non-residential structure,
together with attendant utilities and sanitary facilities is watertight
to a specified design elevation with walls that are substantially
impermeable to the passage of water and that all structural components
are capable of resisting hydrostatic and hydrodynamic flood forces,
including the effects of buoyancy and anticipated debris impact forces.
"Floodway"means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation
more than a designated height.
"Florist shop"means a retail business whose principal activity is the selling
of plants which are not grown on the site.
"Food/beverage processing establishment"means a manufacturing establishments producing or processing
foods for human consumption and certain related products. Includes:
(1) bakery products, sugar and confectionery products (except facilities
that produce goods only for on-site sales with no wider distribution;
(2) dairy products processing; (3) fats and oil products (not including
rendering plants); (4) fruit and vegetable canning, preserving, and
related processing; (5) grain mill products and by-products; (6) meat,
poultry, and seafood canning, curing, and byproduct processing (not
including facilities that also slaughter animals); (7) miscellaneous
food preparation from raw products and bottling of soft drinks.
"Foundry"means an establishment where metals are forged, casted or
melted and poured into molds.
"Fraternity or sorority house"means a house occupied by a college or university fraternity
or sorority containing sleeping rooms, bathrooms, common rooms, and
a central kitchen and dining area maintained exclusively for members
of the fraternity or sorority and their guests or visitors.
"Freeboard"means a factor of safety usually expressed in feet above
a flood level for purposes of flood plain 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.
"Fuel station, full service"means a facility limited to retail sales to the public of
gasoline, motor oil, lubricants, motor fuels, travel aides, and minor
automobile accessories. In addition, such a facility may provide car
washing, towing, minor vehicle servicing, minor repairs and maintenance,
and may provide engine rebuilding but not including reconditioning
of motor vehicles, collision services such as body, frame or fender
straightening and repair.
Fuel Station, Minimart."Minimart fuel station" means a facility associated with
the sale of gasoline products that also offers for sale food items
and tangible consumer goods primarily for self-service by the consumer.
"Funeral home"means an establishment for the conducting of funerals, wakes
and related activities such as embalming.
"Golf club and course"means a facility, other than a miniature golf course, for
the playing of golf at which there may be a club house including rest
rooms and locker rooms. A golf course may provide accessory services
such as swimming, outdoor recreation and related sales and may include
a restaurant and cocktail lounge.
"Garden center"means an establishment where retail and wholesale products
and produces are sold. The items sold may include nursery products
and stock, soil and fertilizers, light power equipment and machines,
garden and farm tolls and utensils. This definition shall include
greenhouses.
"Guyed tower"means a communication tower that is supported, in whole or
in part, by guy wires and ground anchors.
"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.
"Hardware store"means a facility of thirty thousand (30,000) or fewer square
feet GFA, primarily engaged in the retail sale of various basic hardware
lines, such as tools, builders' hardware, plumbing and electrical
supplies, paint and glass, house wares and household appliances, garden
supplies, and cutlery; if greater than thirty thousand (30,000) square
feet, such a facility is a home improvement center.
"Hazardous waste"means any waste or combination of wastes of a solid, liquid,
contained gaseous or semisolid form which because of its quantity,
concentration or 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 substantial present or potential hazard to human health
and/or the environment.
Such wastes 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. |
"Hazardous waste disposal facility"means all structures, other appurtenances, and improvements
on the land used for treating, storing, or disposing of hazardous
waste, including all operations or storage areas, diked overflow,
or emergency spillway areas. A hazardous waste disposal facility may
include injection wells and may consist of several treatment, storage,
or disposal operational units; it includes all areas where hazardous
waste may be received, stored, handled, or processed.
"Hazardous waste incinerator"means an enclosed device using controlled flame combustion,
the primary purpose of which is to thermally break down hazardous
waste. Examples of incinerators are rotary kiln, fluidized bed, and
liquid injection incinerators.
"Hazardous waste processing facility"means any commercial facility, as defined Rhode Island Department
of Environmental Management (RIDEM) rules for which a RIDEM pollution
control agency permit is required, treating hazardous waste generated
at any off-site location, that is designed and operated to modify
the chemical composition or chemical, physical, or biological properties
of a hazardous waste by means such as reclamation, distillation, precipitation,
or other similar processes, which neutralizes the waste or renders
it nonhazardous, safer for transport, amenable for recovery, storage,
or reduced in volume, excepting "elementary neutralizing units" and
"pretreatment units," as defined in (RIDEM) rules. Hazardous waste
processing does not include incineration or disposal.
"Hazardous waste transfer station"means the intermediate point in the transport of hazardous
wastes where such wastes are brought stored and transferred to vehicles
for movement to other intermediate points or to the point of ultimate
storage, treatment or disposal.
"Health and fitness club"means a building or portion of a building designed and equipped
for the conduct of sports, exercise, leisure time activities, or other
customary and usual recreational activities, which can be open only
to bona fide members and guests of the organization or open to the
public for a fee.
"Higher education institution"means a self-governing constituent body of a college or university
offering instruction towards the granting of an associate, bachelor
or graduate degree. Accessory uses of a college or university may
include, but shall not be limited to facilities such as: Athletic
complexes, auditoriums, bookstores, dormitories, dining halls and
administrative offices.
"Highest adjacent grade"means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
"Historic district"means one or more historic sites and intervening or surrounding
area property significantly affecting or affected by the quality and
the character of the historic site or sites and has been registered
or is deemed eligible to be included, on the state register of historic
places pursuant to Rhode Island General Laws Section 42-45-5.
"Historic site"means 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 pursuant to Rhode Island General Laws
Section 42-45-5.
"Historic structure" (for use with Chapter 17.76 flood hazard districts only)means any structure that is:
1. Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
4. Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
a. By an approved state program as determined by the Secretary
of the Interior; or
b. Directly by the Secretary of the Interior in states without
approved programs.
"Home improvement center"means a facility of more than thirty thousand (30,000) square
feet GFA, engaged in the retail sale of various basic hardware lines,
such as tools, builders hardware, paint and glass, house wares and
household appliances, garden supplies, and cutlery.
"Home occupation"means any activity customarily carried out for gain by a
resident, conducted as an accessory use in the resident's dwelling
unit.
"Hospital"means an institution providing primary health services and
medical or surgical care to persons, primarily inpatients, suffering
from illness, disease, injury, deformity and other abnormal physical
and mental conditions and including as an integral part of the institution,
related facilities such as laboratories, out-patient facilities and/or
training facilities. This use includes rehabilitation hospitals, extended
care facilities, intermediate care facility, chronic disease hospital
and central services facility serving one or more such institutions.
"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; or
2. A person or group of unrelated persons living together, the
number of which shall not exceed three.
This shall not apply in any educational zone in the city of
Cranston. |
"House trailer"means a trailer or portable shelter designated for living
or sleeping purposes and provided with any or all of the following
systems and equipment: Plumbing, heating, electrical, cooking and
refrigeration.
"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.
"Industrial equipment rental"means establishments primarily engaged in the sale or rental
of tools, trucks, tractors, construction equipment, agricultural implements,
and similar industrial equipment, and the rental of mobile homes.
Included in this use type is the incidental storage, maintenance,
and servicing of such equipment.
"Infrastructure"means facilities and services needed to sustain residential,
commercial, industrial, institutional and other activities.
"Kennel"means any premises, except where accessory to an agricultural
use, where domestic animals, such as dogs and cats, are boarded for
compensation or said animals are bred or raised for sale purposes.
Kiosk, Freestanding Exterior."Freestanding exterior kiosk" means a free standing exterior
structure of less than five hundred (500) square feet for drive-up
or walk-up window services or retail sales.
"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 ordinance.
"Landscape service"means a business principally engaged in the decorative and
functional alteration, planting, and maintenance of grounds. Such
a business may engage in the installation and construction of underground
improvements but only to the extent that such improvements (e.g.,
drainage facilities) are accessory to the principal business and are
necessary to support or sustain the landscaped surface of the ground.
"Latticed tower"means a self-supporting communications tower, generally with
three or four sides, open and made of a steel frame.
"Laundromat"means a facility where patrons wash, dry, or dry clean clothing
or other fabrics in machines operated by the patron.
"Library"means a public facility for the use, but not sale, of literary,
musical, artistic or reference materials.
"Limit of moderate wave action (LiMWA)"means the inland limit of the area affected by waves greater
than 1.5 feet. The LiMWA is determined based on the landward limit
of the one percent annual chance coastal flood that can support a
1.5-foot wave.
"Lodge/fraternal organization"means a membership organization that holds regular meeting
and that may, subject to other regulations controlling such uses,
maintain dining facilities, serve alcohol or engage professional entertainment
for the enjoyment of dues paying members and their guests. There are
no sleeping facilities. This use shall not include fraternities or
sororities and golf club and course.
"Lodging house"means a building occupied by a resident family related by
blood, marriage or adoption, with not more than two guest rooms where
lodging is provided for compensation.
"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 right-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 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 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 in accordance with Sections
17.20.090 and
17.20.100;
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 (10) feet in length entirely within
the lot, parallel to and at a maximum distance from the front lot
line; and
3. Side: Any lot line other than a front or rear lot line in accordance with Section
17.20.090(E).
Lot, Through."Through lot" 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.
"Lowest adjacent grade"means the lowest point of the ground level immediately next
to a building. It does not include earth that is emplaced for aesthetic
or landscape reasons around a foundation wall. It does include natural
ground or properly compacted fill that comprises a component of a
structure's foundation system.
"Lowest floor"means the lowest floor of the lowest enclosed area (including
a basement). An unfinished or flood-resistant enclosure, usable solely
for parking of vehicles, building access or storage in an area other
than a basement area, is not considered a building's lowest floor
provided that such enclosure is not built so as to render the structure
in violation of applicable non-elevation design requirements.
"Manufactured (mobile) home"means a structure, transportable in one or more sections,
which is built on a permanent chassis and is designed for use with
or without a permanent foundation when attached to the required utilities.
The term "manufactured home" does not include a "recreational vehicle."
"Manufacturing heavy"means an establishment engaged in manufacturing, assembly,
fabrication, packaging or other industrial processing of products
primarily from extracted or raw materials or the bulk storage and
handling of such products and materials, or an industrial establishment
having potential to produce noise, dust, glare, odors or vibration
beyond its property line. This use includes but is not limited to
chemical manufacturing; fabrication of metal products; manufacturing
of agricultural, construction, or mining machinery; motor vehicle
manufacturing; lumber milling; and ship or boat construction.
"Manufacturing light"means the manufacturing, predominately from previously prepared
materials, of finished products or parts, including processing, fabrication,
assembly, treatment, and packaging of such products, and incidental
storage, sales, and distribution of such products, provided all manufacturing
activities are contained entirely within a building and noise, odor,
smoke, heat, glare, and vibration resulting from the manufacturing
activity are confined entirely within the building. Further, "light
industrial" shall mean uses such as the jewelry assembly and refining;
millwork products, furniture and fixtures; manufacture of electronic
instruments, musical instruments, pharmaceuticals, precision instruments
and scientific equipment, sporting goods and toys, stone, clay or
class products, textile mill products and apparel or the like. "Light
industrial" shall not include uses such as mining and extracting industries,
petrochemical industries, rubber refining, primary metal, or related
industries.
"Manufacture of rubber and plastics"means the manufacture of rubber products including: Rubber
footwear; mechanical rubber goods; heels and soles; flooring; and
rubber sundries from natural, synthetic, or reclaimed rubber. Also
includes: Establishments engaged in molding primary plastics for the
trade, and manufacturing miscellaneous finished plastics products;
fiberglass manufacturing; and fiberglass application services.
"Marina"means a commercial dock or basin providing secure moorings
or slips for boats.
"Market value"means the price of a structure that a willing buyer and seller
agree upon as determined by an independent appraisal by a professional
appraiser; a property's tax assessment minus land value; the replacement
cost minus depreciation of the structure or the structure's actual
cash value.
"Marquee"means any permanent roof-like structure projecting beyond
a building or extending along and projecting beyond the wall of the
building, generally designed and constructed to provide protection
from the weather.
"Massage parlor"means any establishment where, for any form or consideration
or gratuity, the administering of massage, alcohol rub, administering
of fomentations, electric or magnetic treatments or any other treatment
and manipulation of the human body is performed by a person or persons
who exposes specified anatomical areas.
"Mean sea level (MSL)"means the National Geodeticl Vertical Datum {NGVD} of 1929
or other datum, to which base flood elevations shown on a community's
FIRM are referenced.
"Medical or dental clinic"means a facility operated by one or more physicians, dentists,
chiropractors or other licensed practitioners of the healing arts
for the examination and treatment of persons solely on an outpatient
basis. This use shall not include a clinic for the dispensing of medical
cannabis.
"Medical/diagnostic laboratory"means a facility for scientific laboratory analysis of medical
resources materials. The scientific analysis is generally performed
for an outside customer, to support the work of that customer. This
category includes medical or veterinary laboratories for the collection
and analysis of blood, tissue, or other human medical or animal products.
Forensic laboratories for analysis of evidence in support of law enforcement
agencies would also be included in this category.
"Metal plating"means a process to apply a thin layer or coating on metals
such as gold or silver.
"Mixed use"means a mixture of land uses within a single development,
building or tract.
"Monopole tower"means a communication tower consisting of a single pole,
constructed without guy wires or ground anchors.
"Motel, hotel"means a building in which lodging is provided and offered
to the public for compensation, and which is open to transient guests
and is not a rooming or boarding house or tourist home or bed and
breakfast as herein defined.
"Motor and recreational vehicle and watercraft sale"means the use of any building, land area or other premise
for the display and sales of new or used automobiles, panel trucks
or vans, trailers or recreation vehicles and boats and including any
warranty repair work and other repair services conducted as an accessory
use.
Motor Vehicle Repair and Service Establishment, Light."Light motor vehicle repair and service establishment means
the business of minor repairs to any motor vehicle less than ten thousand
(10,000) GVW including repairs and replacement of cooling, electrical,
fuel and exhaust systems, brake adjustments, relining and repairs,
wheel alignment and balancing, and replacement of shock absorbers.
"Motor vehicle storage"means a land used for the storage of motor vehicles awaiting
transport to a wholesale, retail or recycling site. Said storage shall
not exceed thirty (30) days.
"Museum"means a building having public significance by reason of
its architecture or former use or occupied as a repository for a collection
of natural, scientific or literary curiosities or objects of interest
or works of are and arranged, intended and designed to be used by
members of the public for viewing and which may include as an accessory
use the sale of goods to the public.
"Music, dance studio"means a building or portion of a building where dance or
music is taught. However, this shall not include nightclubs or other
places of commercial entertainment.
"National Flood Insurance Program (NFIP)"means the program of flood insurance coverage and floodplain
management administered under the Act and applicable federal regulations
promulgated in Title 44 of the Code of Federal Regulations, Subchapter
B.
"New construction"means for floodplain management purposes, structures for
which the "start of construction" commenced on or after November 27,
1974.
"New manufactured home park" or "manufactured home subdivision"means a manufactured (mobile) home park or manufactured home
subdivision for which the construction of facilities for servicing
the lots on which the manufactured mobile homes are to be affixed
(including at a minimum, the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads) was completed on or after November 27, 1974.
"Nightclub"means a commercial establishment dispensing food and beverages
for consumption on the premises and in which dancing, musical and
live entertainment are permitted.
"Nonconformance"means a building, structure or parcel of land or use thereof,
lawfully existing at the time of the adoption of the zoning ordinance
of January 1, 1966 or any amendment thereof 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; or
2. Nonconforming by Dimension. A building, structure or parcel
of land not in compliance with the dimensional regulations of the
zoning ordinance. Dimensional regulations include all regulations
of the zoning 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 a zoning ordinance shall be
nonconforming by use; a building or structure containing a permitted
number of dwelling units by the use regulations of the zoning ordinance,
but not meeting the lot area per dwelling unit regulations, shall
be nonconforming by dimension.
"Nursery"means an operation for the cultivating, harvesting, and sale
of plants, bushes, trees, and other nursery items grown on site or
established in the ground prior to sale, and for related accessory
sales and uses.
"Nursing home"means an institution that is licensed or approved by the
state of Rhode Island to provide health care under medical supervision
for twenty-four (24) or more consecutive hours to two or more patients
who are not related to the governing authority or its members by marriage,
blood or adoption.
"Obstruction"means any dam, wall, wharf, embankment, levee, dike, pile,
abutment, protection, excavation, channelization, bridge, conduit,
culvert, building, wire, fence, rock, gravel, refuse, fill, structure,
vegetation or other material in, along, across or projecting into
any watercourse which may alter, impede, retard or change the direction
and/or velocity of the flow of water, or due to its location, its
propensity to snare or collect debris carried by the flow of water,
or its likelihood of being carried downstream.
"Open space area"means any land or area, the preservation of which in its
present use would: (1) conserve and enhance natural or scenic resources;
(2) protect streams or water supply; (3) promote conservation of soils,
wetlands, beaches, or total marshes; (4) enhance the value to the
public of abutting or neighborhood parks, forests, wildlife preserves,
nature reserves or sanctuaries or (5) enhance recreation opportunities.
"Other adult entertainment uses"means any live exhibition, performance, display or dance
of any type, including but not limited to talking, singing, reading,
listening, posing, serving food or beverages, soliciting for the sale
of food, beverages, products or entertainment, pantomiming, modeling,
removal of clothing or any service offered for amusement on any premises
to which the public, patrons or members are invited or admitted, including
any private club or membership organization and including but not
limited to business establishments identified as an adult arcade,
escort agency, juice bar, coffee shop, cigar shop, victualler, nude
modeling studio, sexual encounter center, massage parlor or similar
or like business establishments.
"Outdoor advertising, billboards"means a sign that directs attention to a business, commodity,
service, or entertainment conducted, sold or offered at a location
other than the premises on which the sign is located.
"Outdoor retail"means retail activity that takes place in an open lot, tent,
trailer, motor vehicle, enclosure or structure that is not permanently
affixed to the land.
"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.
"Paint production"means a facility used to formulate and create paints from
solid pigments to a liquid form.
"Panel antenna" (also known as "sector antennas")means antennae that have vertical and horizontal planes that
aim signals in specific directions. Panel antennae generally measure
four to five feet in height, six to twelve (12) inches in width and
six to eight inches in depth.
"Passenger transportation terminal"means a facility or location where the principal use is the
handling, receiving, and transfer of passenger traffic for rail or
bus service, and may include as an accessory use the loading, unloading,
storing, receiving, assembling, dispatching, weighing, consolidating,
classifying, switching, distribution, movement, or transfer of freight,
as well as all equipment and facilities used to accomplish the foregoing
activities.
"Pawn shop"means an establishment that engage, in whole or in part,
in the business of loaning money on the security of pledges of personal
property, or deposits or conditional sales of personal property, or
the purchase of sale of personal property and is also subject to the
provisions of Chapter 26 of Title 19 of the RIGL.
"Pennant"means any lightweight plastic, fabric or other material,
whether or not containing a message of any kind, suspended from a
rope, wire or string, usually in series, designed to move in the wind.
"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.
"Person"means any association, company, corporation, firm, organization
or partnership, singular or plural, of any kind.
"Personal services establishment"means an establishment or place of business primarily engaged
in the provision of frequent or recurrent needed services of a personal
nature, including packaging and shipping. Typical uses include, but
are not limited to shoe repair shops, tailor shops and custom dressmaking
shops.
Plan, Common Signage."Common signage plan" means an accurate plot plan of the
zone lot(s), scaled to the reasonable requirements set forth by the
director, indicating the proposed location of each present and future
sign of any type, whether requiring a permit or not, except that incidental
signs need not be shown. The plan must include location of buildings,
parking lots, driveways, landscaped areas, total sign area, total
area for individual signs, height of signs, number of freestanding
signs on the zone lots, and an accurate set of elevations depicting
the location and size of all proposed freestanding and building signs.
Plans must specify standards addressing consistency among all signs
on the zone lots affected by the plan with regards to: Color scheme,
lettering or graphic style, lighting, material and proportions to
other advertisements on any freestanding signs.
Plan, Master Signage."Master signage plan" means an accurate plot plan of the
zone lot, scaled to the reasonable requirements set forth by the director,
indicating the proposed location of each present and future sign of
any type, whether requiring a permit or not, except that incidental
signs need not be shown. Plans shall include location of buildings,
parking lots, driveways, landscaped areas, total sign area, total
area for individual signs, height of signs, number of freestanding
signs on the zone lot, and an accurate set of elevations depicting
the location and size of all proposed freestanding and building signs.
"Planned development"means a "land development project," as defined herein, and
developed according to plan as a single entity and containing one
or more structures and/or uses with appurtenant common areas.
"Planning board or commission"means the body established by the city charter which has
the responsibility to prepare a comprehensive plan and make recommendations
concerning that plan to the municipal legislative body.
"Pre-application 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.
"Principal building"means the building in which is conducted the principal use
of the zone lot on which it is located. Zone lots with multiple principal
uses may have multiple principal buildings, but storage buildings,
garages and other clearly accessory uses shall not be considered principal
buildings.
"Print shop"means an establishment in which the principal business consists
of duplicating and printing services using photocopy, blueprint, or
offset printing equipment, including publishing, binding, and engraving.
"Printing and publishing"means a commercial facility of ten thousand (10,000) square
feet or more for the designing and reproducing written, typed or graphic
materials.
"Professional engineer (PE)"means a person who has been registered and licensed by the
state board of registration for professional engineers in accordance
with RIGL Chapter 5-8.
"Professional land surveyor (PLS)"means a person who has been duly registered as a professional
land surveyor by the board established under RIGL 5-8.1, and who is
a professional specialist in the technique of measuring land, educated
in the basic principles of mathematics, the related physical and applied
sciences and the relevant requirements of law for adequate evidence
and all to surveying of real property and engaged in the practice
of land surveying as defined in this section.
"Public safety facility"means a governmental facility for public safety and emergency
services, including a facility that provides police or fire protection
and related administrative facilities.
"Radio"means a generic term referring to communication of impulses,
sounds and pictures through space by means of electromagnetic waves.
"Recreation membership clubs"means club or recreation facility for which a membership
charge may be made and which are open only to bona fide members and
their guests.
"Recreational vehicle"means a vehicle which is built on a single chassis; four
hundred (400) square feet or less when measured at the largest horizontal
projection; designed to be self-propelled or permanently towable and
designed primarily not for use as a permanent dwelling but as a temporary
living quarters for recreational, camping, travel, or seasonal use.
"Recycling facility"means a facility that accepts recyclable materials and may
perform some processing activities. The principal function is to separate
and store materials that are ready for shipment to end-use markets.
The presence of power-driven processing equipment distinguishes a
processing facility from a collection facility. The facility receives
and processes only residential and commercial recyclables.
"Religious worship (place of)"means a building wherein persons regularly assemble for religious
worship and which is maintained and controlled by a religious body
organized to sustain public worship, together with all accessory buildings
and uses customarily associated with such primary purposed. This use
includes synagogues, temple, mosque or other such place for worship
and religious activities.
"Research/development facility"means an establishment which conducts research, development,
or controlled production of high-technology electronic, industrial,
or scientific products or commodities for sale or laboratories conducting
educational or medical research or testing. This term includes but
is not limited to a biotechnology firm or a manufacturer of nontoxic
computer components.
"Retail heating fuel supplier"means a facility for the storage of household heating fuels
and for their distribution to retail sales facilities or other bulk
purchasers, regardless of ownership.
"Retail laundry, dry cleaning establishment"means an establishment or business maintained for the pickup
and delivery of dry cleaning and/or laundry and where there may be
the cleaning of fabrics, textiles, wearing apparel, or articles of
any sort by immersion and agitation, or by immersions only, in volatile
solvents for items collected on site.
Retail Sales Establishment, Large Scale."Large scale retail sales establishment" means an establishment
of greater than ten thousand (10,000) square feet primarily devoted
to the sale or rental of goods or merchandise to the general public
for personal or household consumption or to services incidental to
the sale or rental of such goods or merchandise.
Retail Sales Establishment, Small Scale."Small scale retail sales establishment" means an establishment
of ten thousand (10,000) square feet or less primarily devoted to
the sale or rental of goods or merchandise to the general public for
personal or household consumption or to services incidental to the
sale or rental of such goods or merchandise.
"Rooming/boarding house"means a dwelling or part thereof in which lodging is provided
by the owner or operator to more than two but less than ten (10) boarders.
"Sand dunes"means naturally occurring accumulations of sand in ridges
or mounds landward of the beach.
"Sanitation services"means a business engaged in the removal of waste, refuse
effluent, sludge, and any other materials from septic tanks, cesspools,
and any other similar facilities. Said activity may include the storage
of portable personal sanction facilities for use off of site.
"Second hand shop"means a premises used for the retail sales of previously
used merchandise, such as clothing, household furnishings or appliances
and sports/recreational equipment. This use does not include the sale
of secondhand motor vehicles, parts or accessories.
"Self storage, mini storage"means a building or group of buildings consisting of individual,
self-contained units leased to individuals, organizations, or businesses
for self-service storage of personal property.
"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.
Sheet Flow.See definition for "area of shallow flooding."
"Sign"means any device, fixture, placard or structure that uses
any color, form, graphic, illumination, symbol or writing to advertise,
announce the purpose of or identify the purpose of a person or entity
or to communicate information of any kind to the public.
Sign, Animated."Animated sign" means any sign that uses movement or change
of lighting to depict action or create a special effect or scene.
Also, a sign on which the text message changes more than eight times
per day shall be considered an animated sign and not a changeable
copy sign for the purpose of this chapter.
Sign, Billboard."Billboard sign" means any sign erected outdoors, often freestanding,
that displays copy which is generally not pertinent to the primary
use of the premises (see Section 17.24.010(A)(1), (2) and (B)(l),
(2) entitled billboards).
Sign, Building."Building sign" means any sign attached to any part of a
building, as contrasted to a freestanding sign.
Sign, Canopy."Canopy sign" means any sign that is a part of or attached
to an awning, canopy or other fabric, plastic or structural protective
cover over a door, entrance, window or outdoor service area. A marquee
is not a canopy.
Sign, Changeable Copy."Changeable copy sign" means a sign or portion thereof with
characters, letters or illustrations that can be changed or rearranged
without altering the face or the surface of the sign. A sign on which
the only copy that changes is an electronic or mechanical indication
of time or temperature shall be considered a time and temperature
portion of a sign and not a changeable copy sign for purposes of this
chapter.
Sign, Freestanding."Freestanding sign" means any sign supported by structures
or supports that are placed on or anchored in, the ground and that
are independent from any building or other structure.
Sign, Incidental."Incidental sign" means a sign, generally informational,
that has a purpose secondary to the use of the zone lot on which it
is located, such as "no parking," "entrance," "loading only," "telephone"
and other similar directives. No sign with a commercial message legible
from a position off the zone lot on which the sign is located shall
be considered incidental.
Sign, Marquee."Marquee sign" means any sign attached to, in any manner
or made a part of a marquee.
Sign, Monument."Monument sign" means any sign, other than a pole sign, placed
upon or supported by the ground independent of any other structure.
Monument signs within ten (10) feet of an existing driveway or street,
shall not exceed thirty (30) inches in height.
Sign, Nonconforming."Nonconforming sign" means any sign that does not conform
to the requirements of this chapter.
Sign, Political."Political sign" means any sign which has the purpose of
advertising, promoting or displaying a political party, platform,
referenda or candidate for office and/or a promotion of its ideals,
beliefs or philosophy.
Sign, Projecting."Projection sign" means any sign affixed to a building or
wall in such a manner that its leading edge extends more than six
inches beyond the surface of such building or wall.
Sign, Real Estate."Real estate sign" means any sign erected for the purpose
of informing the public that a certain parcel, property, dwelling
or structure(s) is for sale, rent, lease or to be auctioned.
Sign, Residential."Residential sign" means any sign located in a district zoned
for residential uses that contains no commercial message except advertising
for goods or services legally offered on the premises where the sign
is located; provided that, offering such service at such location
conforms with all requirements of the zoning ordinance.
Sign, Roof."Roof sign" means any sign erected wholly on and over the
roof of a building, supported by the roof structure and extending
vertically above the highest portion of the roof.
Sign, Integral Roof."Integral roof sign" means any sign erected or constructed
as an integral or essentially integral part of a normal roof structure
of any design, such that no part of the sign extends vertically above
the highest portion of the roof and such that no part of the sign
is separated from the rest of the roof by a space of more than six
inches.
Sign, Suspended."Suspended sign" means a sign that is suspended from the
underside of a horizontal plane surface and is supported by such surface.
Sign, Temporary/Portable."Temporary/portable sign" means any sign not permanently
attached to the ground or other permanent structure or a sign designed
to be transported, including, but not limited to, signs designed to
be transported by means of wheels; signs converted to A- or T-frames;
menu and sandwich board signs; balloons used as signs; umbrellas used
for advertising; and signs attached to or painted on vehicles parked
and visible from the public right-of-way, unless said vehicle is used
in the normal day-to-day operations of the business, an advertising
display constructed of cloth, canvas, plywood or other light material
and designed or intended to be displayed for a short period of time.
Flags, banners and portable signs shall be treated as temporary signs.
Sign, Wall."Wall sign" means any sign attached parallel to, but within
six inches of, a wall, painted on the wall surface of or erected and
confined within the limits of an outside wall of any building or structure,
which is supported by such wall or building and which displays only
one sign surface.
Sign, Window."Window sign" means any sign, pictures, symbol or combination
thereof, designed to communicate information about an activity, business,
commodity, event, sale or service, that is placed inside a window
or upon the window panes or glass and is visible from the exterior
of the window.
"Single-family accessory dwelling unit"means 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 not needing to have a separate means of ingress and egress. (See Section
17.24.010(F))
"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.
"Solar power"means electrical power generated through the utilization
of photovoltaic cells, nonmechanical semiconductor devices that convert
sunlight into direct current electricity.
"Solid waste transfer facility"means a place or facility where nonhazardous solid waste
materials are taken from a collection vehicle or dumpster, temporarily
stored or stockpiled and placed in a transportation unit for movement
to another facility.
"Special flood hazard area (SFHA)"means an area having special flood, mudslide (i.e. mudflow)
or flood-related erosion hazards and shown on a flood hazard boundary
map (FHBM) or a flood insurance rate map (FIRM) zone A, AO, A1-A30,
AE, A99, AH, AR, AR/A, AR/AE, AR/AH, AR/AO, AR/A1-A30, V1-V30, VE
or V.
"Special use"means a regulated use which is permitted pursuant to the
special-use permit issued by the authorized governmental entity, pursuant
to RIGL Section 45-24-42.
"Specified anatomical areas"means any of the following:
1. Less than completely and opaquely covered human genitals, pubic
region, buttocks, anus or female breasts below a point immediately
above the top of the areola; or
2. Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
"Specified sexual activities"means any of the following:
1. The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breasts;
2. Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy;
3. Masturbation, actual or simulated; or
4. Excretory functions as part of or in connection with any of
the activities set forth as noted above.
"Start of construction" (for use with Chapter 17.16 flood hazard districts only):(Includes substantial improvement,) the date the building
permit was issued provided the actual start of construction, repair,
reconstruction, rehabilitation, addition placement, or other improvement
was within 180 days of the permit date. The actual start means either
the first placement of permanent construction of a structure on a
site, such as the pouring of slab or footings, the installation of
piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
"State agency"means any department, commission, board or other administrative
unit of state government.
"Street"means a public or private thoroughfare used or intended to
be used, for passage or travel by motor vehicles. Streets are further
classified by the functions they perform.
"Street classification"means a 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 shall use the following
as major categories:
1. "Arterial"means a major street that serves as an avenue for the circulation
of traffic into, out of or around the municipality and carries a high
volume of traffic.
2. "Collector"means a street whose principal function is to carry traffic
between local streets and arterial streets but that also may provide
direct access to abutting properties.
3. "Limited access highway"means a 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 such points and in such manner
as may be determined by the public authority having jurisdiction over
the highway.
4. "Local"means streets whose primary function is to provide access
to abutting properties.
"Street, cul-de-sac"means a local street with only one outlet and having an appropriate
vehicular turnaround, either temporary or permanent, at the closed
end.
"Street line"means the dividing line between the street and the lot.
Street, Private."Private street" means a thoroughfare established as a separate
tract for the benefit of multiple adjacent properties and meeting
specific municipal improvement standards. This definition shall not
apply to driveways.
Street, Public."Public street" means all public property reserved or dedicated
for street traffic.
Street, Stub."Stub street" means a portion of a street reserved to provide
access to future development, which may provide for utility connections.
"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.
"Structure" (for use with Chapter 17.16 flood hazard districts only)means for floodplain management purposes, a walled and roofed
building, including a gas or liquid storage tank, that is principally
above ground, as well as a manufactured home. Structure, for insurance
purposes, means:
1. A building with two or more outside rigid walls and a fully
secured roof that is affixed to a permanent site;
2. A manufactured home ("a manufactured home," also known as a
mobile home, is a structure built on a permanent chassis, transported
to its site in one or more sections, and affixed to a permanent foundation);
or
3. A travel trailer without wheels built on a chassis and affixed
to a permanent foundation, that is regulated under the community's
floodplain management and building ordinances or laws.
For the latter purpose, "structure" does not mean a recreational
vehicle or a park trailer or other similar vehicle, except as described
in paragraph (3) of this definition, or a gas or liquid storage tank.
Subsidized rates mean the rates established by the Federal Insurance
Administrator involving in the aggregate subsidization by the Federal
Government. |
"Substandard lot of record"means any lot lawfully existing at the time of adoption of
the zoning ordinance of January 1, 1966 or any amendment thereof and
not in conformance with the dimensional and/or area provisions of
that ordinance.
"Substantial damage" (for use with Chapter 17.16 flood hazard districts only)means damage of any origin sustained by a structure during
a five-year period whereby the cost of restoring the structure to
its before damaged condition would equal or exceed fifty (50) percent
of the market value of the structure before the damage occurred.
"Substantial improvement" (for use with Chapter 17.16 flood hazard districts only)means any reconstruction, rehabilitation, addition, or other
improvement of a structure during a five-year period, the cost of
which equals or exceeds fifty (50) percent of the market value of
the structure before the "start of construction" of the improvement.
This term includes structures which have incurred "substantial damage",
regardless of the actual repair work performed. The term does not,
however, include either:
1. Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
2. Any alteration of a "historic structure", provided that the
alteration will not preclude the structure's continued designation
as a "historic structure."
"Substantial portion"means for the purposes of determining whether a "substantial
portion" of an establishment includes an adult entertainment use,
the following factors shall be considered:
1. The overall amount of floor area accessible to customers devoted
to adult purposes;
2. The amount of floor area devoted to adult purposes as compared
to the total commercial floor area of the establishment; and
3. The amount of stock of a sexually explicit nature as compared
to the total stock.
If the ratio, as formulated above, is equal to or greater than
forty (40) percent, the adult entertainment use is considered to comprise
a "substantial portion" of the establishment. |
"Supermarket"means a retail establishment primarily selling food, as well
as other convenience and household goods, which occupies more than
five thousand (5,000) square feet of gross floor area.
"Swimming pool"means any constructed pool which is used, is designed for
use as or is intended to be used as a swimming pool and has a minimum
capacity of five thousand (5,000) gallons and a minimum depth of thirty-six
(36) inches.
"Tavern/neighborhood bar"means a commercial enterprise whose primary activity is the
sale of alcoholic beverages to be consumed on the premises. Bars include
taverns, pubs and similar facilities serving alcoholic liquor.
"Telecommunications antenna"means a device used in communications which transmits and/or
receives telecommunications signals as authorized by the FCC. Examples
of such devices include dish, panel and whip antennae.
"Telecommunications facility"means a land use facility supporting antennas and microwave
dishes that sends and/or receives radio frequency signals. Communications
facilities include structures or towers and accessory buildings.
"Telecommunications tower"means a tower intended to support equipment used to transmit
and/or receive telecommunications signals, including lattice and guyed
wire towers.
"Theater/movie cinema"means a building or part of a building devoted to showing
motion pictures, or for dramatic, dance, musical, or other live performances.
Tower.See telecommunications definitions.
"Towing operation"means an establishment that provides for the removal and
temporary storage of vehicles but does not include disposal, permanent
disassembly, salvage, or accessory storage of inoperable vehicles.
"Tourist home, bed and breakfast"means an owner occupied dwelling in which not more than five
guestrooms are used to provide or offer overnight accommodations to
transient guests for compensation. A guestroom shall be occupied by
a tenant for not more that fifteen (15) consecutive days.
"Trailer"means a vehicle without motor power designed for carrying
persons or property and for being drawn by a motor vehicle.
"Tree service"means tree service shall mean a building or premises used
primarily in support of a business engaged in tree and stump removal,
tree and shrub trimming, stump grinding, insect and disease control,
tree nutrients, processing wood chips and firewood, and land clearing.
The premises may be used for the processing and storage of tree related
products and byproducts produced only by the business located on the
premises and the parking of trucks, grinders and related equipment,
but no retail sales of products shall be allowed on the premises.
"Trucking terminal"means a facility that provides for storage, parking, servicing,
leasing and otherwise dealing with trucks, tractors, trailers or other
similar motor vehicles. A trucking terminal may also include an area
and building where cargo is stored and where trucks load and unload
cargo on a regular basis.
"Upholstering shop"means a business that repairs and replaces upholstery to
household and office furnishings and boat and motor vehicle upholstering.
"Urgent care facility"means an establishment where human patients who are not lodged
overnight are admitted for emergency examination and treatment by
a group of physicians other health care professionals.
"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.
"Utilities" (for structures)means plumbing, mechanical and electrical equipment including
piping, wiring, fixtures, and other accessories which provide sanitation,
lighting, heating, ventilation, cooling, refrigeration and fire-fighting
facilities essential for the occupancy of structure. Utilities include
but are not limited to furnaces, boilers, air conditioning compressors,
air and heating ducts, water supply pipes electric, gas and water
meters, control panels, electrical wiring, and gas pipes.
"Variance"means permission to depart from the literal requirements
of the 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 this chapter.
There shall be only two categories of variance, a use variance or
a dimensional variance.
1. "Use variance"means permission to depart from the use requirements of the
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 this chapter.
2. "Dimensional variance"means permission to depart from the dimensional requirements
of this chapter, 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.
"Variance"means for floodplain management purposes a grant of relief
by a community from the terms of a flood plain management regulation.
"Veterinarian hospital or clinic"means a place where animals or pets are given medical or
surgical treatment and the boarding of animals is limited to short-term
care incidental to the hospital/clinic use.
"Violation" (for use with Chapter 17.16 flood hazard districts only):The failure of a structure or other development to be fully
plain management regulations. A structure or other development without
the elevation certificate, other certifications, or other evidence
of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3),
(e)(2), (e)(4), or (e)(5) is presumed to be in violation until such
time as that documentation is provided
Warehousing, Commercial."Commercial warehousing" means facilities characterized by
extensive warehousing, frequent heavy trucking activity but not involved
in manufacturing or production.
"Watercourse"means a lake, river, creek, stream, wash, channel or other
topographic feature on or over which waters flow at least periodically.
Watercourse includes specifically designated areas in which substantial
flood damage may occur.
Waters.As defined in RIGL Section 46-12-1(b).
"Water surface elevation"means the height, in relation to the National Geodetic Vertical
Datum of 1929 (NGVD), North American Vertical Datum of 1988 (NAVD)
or other datum, where specified, of floods of various magnitudes and
frequencies in the floodplains of coastal or riverine areas.
"Welding shop, metal fabrication"means a facility that provides for the assembly of metal
parts, including blacksmith and welding shops; sheet metal shops;
machine shops and boiler shops, that produce metal duct work, tanks,
towers, cabinets and enclosures, metal doors and gates and similar
products.
"Wet floodproofing"means measures designed to minimize damage to a structure
or its contents by water that is allowed into a building.
"Wholesale sales"means an establishment primarily engaged in selling merchandise
to retailers; industrial, commercial, institutional, professional
business users, other wholesalers; or acting as agents or brokers
and buying and selling merchandise for, or selling merchandise to,
such individuals or companies.
"Whip antenna"means an antenna that transmits signals in three hundred
sixty (360) degrees. Whip antennae are typically cylindrical in shape
and are less than six inches in diameter and measure up to eighteen
(18) feet in height, also called omnidirectional, stick or pipe antennas.
"Yacht club"means an institutional use that is classified as either a
private club or community club that consists of structures and related
grounds and/or moorage used for social and recreation purposes related
to pleasure boating the use of which is primarily restricted to members
and their guests.
"Yard"means the required open, unoccupied and unobstructed setback area as set forth in Section
17.20.110, which establishes the outer boundaries of the maximum building envelope of any lot or parcel of land.
Yard, Front."Front yard" means a required yard extending across the full
width of the lot adjacent to the front street line.
Yard, Rear."Rear yard" means a required yard adjacent to the rear lot
line and between side yards or extending across the full width of
the lot where no side yards are required.
Yard, Side."Side yard" means a required side yard extending from the
rear of the required front yard or from the street line where no front
yard is required, to the rear lot line.
"Zone A"means the special flood hazard Area (except coastal V zones)
shown on a community's flood insurance rate map. There are seven types
of A zones:
1. A: SFHA where no base flood elevation is provided.
2. AE: SFHA where base flood elevations are provided. AE-Zone delineations
are used on newer FIRMs instead of A# zones.
3. AO: SFHA with sheet flow, ponding, or shallow flooding. Base
flood depths (feet above grade) are provided.
4. AH: Shallow flooding SFHA. Base flood elevations in relation
to a national datum are provided.
5. AR: A temporary designation for an area where a flood control
system that no longer provides protection from the base flood is expected
to be improved so it will provide protection to the base flood again
in the future. This zone is considered part of the special flood hazard
area or "regulatory floodplain," but properties in this zone do not
receive the "in SFHA" CRS premium discount (see Table 110-1).
"Zone B"means area of minimal flood hazard, usually depicted on older
FIRM's as between the limits of the base and five hundred (500) year
floods of the primary source of flooding.
"Zone lot"means a parcel of land in single ownership that is of sufficient
size to meet minimum zoning requirements for area, coverage and use
and that can provide such yards and other open spaces as required
by the zoning regulations.
"Zone table"means any one of twelve (12) tables depicting the permitted sum of the area of all individual signs, sign dimensions and characteristics for each zone lot by zoning district (see Section
17.72.010).
"Zone V"means the special flood hazard area subject to coastal high
hazard flooding. There are three types of V zones: V, V#, and VE,
and they correspond to the A-Zone designations.
"Zone X"means newer flood insurance rate maps show zones B and C
(see above) as zone X. The shaded zone X corresponds to a zone B and
the unshaded zone X corresponds to a zone C.
"Zoning"means the reservation of certain specified areas within a
community or city for building structures or use of land, for certain
purposes with other limitations such as height, lot coverage and other
stipulated requirements.
"Zoning certificate"means a document signed by the zoning enforcement officer,
as required in this chapter, which acknowledges that a use, structure,
building or lot either complies with or is legally nonconforming to
the provisions of this zoning ordinance or in an authorized variance
or modification therefrom.
"Zoning map"means the map or maps which are a part of the zoning ordinance
and which delineate the boundaries of all mapped zoning districts
within the physical boundary of the city or town.
"Zoning ordinance"means an ordinance enacted by the city council pursuant to
Rhode Island General Laws Sections 45-24-27 through 45-24-72 and in
the manner providing for the adoption of ordinances in the city by
the city 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 defined in Rhode Island General
Laws Section 45-22.2, which includes a zoning map, and which complies
with the provisions of this chapter.
"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.
(
Prior code § 30-3;
Ord. 04-51 § 5;
Ord.
05-31 § 1;
Ord. 2009-11, § 1, 2/23/2009;
Ord. 2010-28, § 1, 9/27/2010;
Ord. 2012-25, § 1, 9/24/2012;
Ord. 2013-26, § 1, 8/26/2013;
Ord. 2015-27, § 1, 8/24/2015;
Ord. 2015-31A, § 1, 11/23/2015;
Ord. 2023-27, § 1, 12/19/2023)