The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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

Accessory family dwelling unit means an accessory family dwelling unit in an owner-occupied, single-family residence that shall be permitted as a reasonable accommodation only for a family member(s) with disabilities. The appearance of the structure shall maintain the single-family character of the neighborhood and the accessory family dwelling unit shall remain subordinate to the principal use of the living quarters and there shall be an internal means of egress between the principal unit and the accessory family dwelling unit. See section 19-202 for a description, general requirements and standards; and application process.

Accessory structure means a structure located on the same lot as a principal use but separate from the principal building and devoted or intended to be devoted to an accessory use. The accessory structure shall not be located between the public right-of-way and the principal use and said accessory structure shall be no greater than 50 percent of the gross floor area of the principal use.

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, which shall be located on the same lot as the principal use. An accessory use shall not be permitted without the principal use to which it is related. An accessory use shall be subordinate to the principal use served.

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

Administrative officer means the municipal official who shall administer the land development and subdivision review regulations to review and approve qualified applications and/or coordinate with local boards and commissions, municipal staff and state agencies. The administrative officer is the director of the department of planning and economic development or his or her designee.

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

Amusement game center means any structure or portion thereof within which are kept for use as games, entertainment or other public patronage, four or more amusement game machines or devices as defined in this section.

Amusement game machine means a mechanical, electrical, or electronic machine or device which shall be ready for play by the insertion of a coin or by the payment of a fee, and may be operated by the public for use as a game, for entertainment, or for amusement. It shall include, but not be limited to, such devices as pinball machines, game machines, or any device which utilizes a video tube to reproduce symbolic figures and lines intended to be representative of real games or activities.

Amusement park means an activity devoted to entertainment through the medium of rides, games, shows, attractions and other similar activities presented either in the open or within structures and buildings together with public dance in dance halls, refreshments in refreshment stands and dining in dining and shore dinner halls, all of which are an integral part of the park.

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.

Automotive commercial parking garage means a structure used primarily for the storing or parking of motor vehicles.

Automotive repair shop means a structure sheltering the activities of heavy or major motor vehicle repairs, rebuilding and painting.

Bed and breakfast means a small lodging establishment that offers overnight accommodation and inclusive usually of breakfast only, typically private homes offering accommodation with fewer than ten bedrooms available for commercial use. This is not to be considered as the allowable accessory use for a residential district regarding the rental of a room pursuant to section 19-171, accessory uses.

Billboard means any sign that directs attention to a business, commodity, service, or entertainment conducted, sold or offered at a location other than the premises where the sign is located.

Black box theater (or experimental theater) means a simple, typically unadorned performance space, usually a large square room with black walls and a flat floor, usually home to plays or other performances with very basic technical arrangements.

Board means the zoning board of review.

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.

Build-to-line is a means to define the street frontage and pedestrian areas by mixed use and commercial buildings generally built to property lines at the edge of right-of-way (back of sidewalk) or to other accessible public area, e.g., in a "Main Street" manner.

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

Building envelope means the three-dimensional space within which a structure is permitted to be 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 for a vacant parcel of land, building height shall be measured from the average, existing-grade elevation where the foundation of the structure is proposed. For an existing structure, building height shall be measured from average grade taken from the outermost four corners of the existing foundation. In all cases, building height shall be measured to the top of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, chimneys, flag poles, and the like. For any property or structure located in a special flood hazard area, as shown on the official FEMA flood insurance rate maps (FIRMs), or depicted on the Rhode Island coastal resources management council (CRMC) suggested design elevation three foot sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-year storm, the greater of the following amounts, expressed in feet, shall be excluded from the building height calculation:

(1)

The base flood elevation on the FEMA FIRM plus up to five feet of any utilized or proposed freeboard, less the average existing grade elevation; or

(2)

The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a one-hundred-year storm, less the average existing grade elevation. CRMC shall reevaluate the appropriate suggested design elevation map for the exclusion every ten years, or as otherwise necessary.

The limitation of height of buildings and structures in section 19-145 shall not apply in any district to churches and other places or worship, religious institutions and public or private schools or ornamental features of buildings which are in no way used for living or advertising purposes or to chimneys and ventilators ten feet or less above the peak of the roof.

Building volume means the volume of a building measured from its exterior dimensions including all portions of a structure enclosed by a roof and fixed exterior walls, as measured from the exterior faces of these walls and roof, i.e., meaning building mass, the height, width, and depth of a structure.

Business/technology development means one or more lots, tracts or parcels of land in a business/technology floating zone district totaling no less than three acres which are planned, developed or redeveloped, and operated as an integral facility for a number of separate buildings and supporting ancillary uses with more than 100,000 square feet of gross floor area, with special attention given to circulation, parking, utility needs, aesthetics and use compatibility.

Café means a restaurant serving coffee and other beverages along with baked goods or light meals.

Cemetery means land used for the interment of the dead and dedicated for cemetery purposes including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such cemetery.

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 sensitive features and/or structures. Under cluster development there is no increase in the number of lots or dwelling units permitted under conventional development except where this chapter provides incentive bonuses for certain types of conditions of development.

Cluster development means a contiguous area or lot with a land area of five acres or more to be developed as an integral residential unit according to a plan containing primarily clusters of residential structures, common open space, and other associated permitted uses primarily for the benefit of the residential development.

Cluster development district means a floating zone district imposed upon the city zoning map which permits a residential cluster development.

Coastal feature means any coastal beach, barrier island or spit, coastal wetland, coastal headland, bluff or cliff, rocky shore, manmade shoreline or dune as outlined and defined by the coastal resources management program, and as may be amended.

Commercial educational institutions means any profit-making institution such as secretarial and business schools, technical institutes, colleges, schools, commercial colleges and other similar educational organizations or institutions.

Common ownership means ownership by one or more individuals or entities in any form of ownership of two or more contiguous lots, or ownership by any association (such ownership may also include the city) of one or more lots under specific development techniques.

Community residence means a home or residential facility where children and/or adults reside in a family setting and may or may not receive supervised care. This shall not include halfway houses or substance abuse treatment facilities. This shall include, but not be limited to the following:

(1)

Whenever six or fewer children or adults with mental, intellectual, or developmental disabilities reside in any type of residence in the community, as licensed by the state pursuant to R.I.G.L. 1956, § 40.1-24-1 et seq. All requirements pertaining to local zoning are waived for these community residences;

(2)

A group home providing care or supervision, or both, to not more than eight persons that are disabled or have a mental or physical disability, and licensed by the state pursuant to R.I.G.L. 1956, § 40.1-24-1 et seq.;

(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 R.I.G.L. 1956, § 42-72.1-1 et seq.;

(4)

A community transitional residence providing care or assistance, or both, to no more than six unrelated persons or no more than three families, not to exceed a total of eight persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, abuse, or neglect, and who are expected to reside in that residence not less than 60 days nor more than two years. Residents will have access to and use of all common areas, including eating areas and living rooms, and will receive appropriate social services for the purpose of fostering independence, self-sufficiency, and eventual transition to a permanent living situation.

Comprehensive plan means the comprehensive plan adopted and approved pursuant to state statutes and to which any zoning adopted pursuant to this act shall be in compliance.

Container means a large standard size cargo enclosure into which cargo may be packed for shipment aboard specially configured ocean-going vessels and designed to be easily interchangeable between the three basic modes of transportation: waterborne vessels, truck and rail. For purposes of this definition, railroad cars are not classified as containers.

Container terminal means an area including buildings, loading and unloading facilities and open areas for the storage and handling of containers.

Co-worker space means a shared working environment, often an office, but that houses independent activities, and those co-working are usually not employed by the same organization.

Cultural activity means any nonprofit or for profit museum, library, art gallery, legitimate theater or other similar use, and may include outdoor art as an accessory use, such as a curated mural, provided that said outdoor art does not serve as a sign.

Data processing center means a service business that prepares, services, handles, stores or processes information through the use of special equipment and techniques, such as with computers and/or office business machines.

Day care/day care center means any other day care center which is not a family day care home.

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

Days means calendar days.

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

Design studio means a workplace for designers and artisans engaged in conceiving, designing, and developing new products or objects. Definition does not include large scale manufacturing of products.

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

Development plan review means design or site plan review of a development of a permitted use under limited circumstances to encourage development to comply with design and/or performance standards under specific and objective guidelines, for developments including, but not limited to:

(1)

Commercial, mixed-use, and residential development in the Main Street Overlay District as per section 19-322 of the zoning ordinance.

(2)

Proposed developments in the Riverside Square Mixed Use Downtown Overlay District as per section 19-359 of the zoning ordinance.

(3)

Institutional development design review for educational or hospital facilities.

(4)

Construction of parking lots of 15 or more spaces, or additions of 15 or more spaces to existing parking lots.

(5)

Reserve parking areas for business/technology developments a defined in section 19-1 of the zoning ordinance.

(6)

Drive-through facilities.

(7)

Signage for developments consisting of one structure with a gross building area of 10,000 square feet or greater, or a multitenant development of gross building area of 10,000 square feet or greater.

(8)

Developments in which a split zone is being uses for a more intense use as per section 19-97 of the zoning ordinance.

(9)

Outdoor dining at food service establishments as defined in R.I.G.L. 45-24.7-2.

Development plan review applications are formal or administrative as detailed in both article viii of this chapter and in the land development and subdivision review regulations.

Development regulation means zoning, subdivision, land development plan, development plan review, historic district, official map, flood plain regulation, soil erosion control plan or any other governmental regulation of the use and development of land.

Digital sign means a sign that features static images that change over a period of time not to exceed once every ten seconds and are used to advertise to consumers in a public place(s), including to those in private automobiles.

A digital sign and an electronic message center shall be considered synonymous terms.

Disability means, with respect to an individual:

(1)

A physical or mental impairment that substantially limits one or more of the major life activities of such individual;

(2)

A record of such impairment; or

(3)

Being regarded as having such an impairment if the individual establishes that he or she has been subjected to an action prohibited under [R.I.G.L. 1956,] Chapter 42-87, Civil Rights of People with Disabilities, because of an actual or perceived physical or mental impairment, whether or not the impairment limits or is perceived to limit a major life activity;

(4)

An impairment under this section shall not apply to impairments that are transitory and minor. A transitory impairment is an impairment with an actual or expected duration of six months or less.

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-through facility means a commercial facility which provides a service directly to a motor vehicle or where the customer drives a motor vehicle onto the premises and to a window or mechanical device through or by which the customer is served without exiting the vehicle. This shall not include establishments engaging in the retail sale of alcoholic beverages; gasoline filling station which is defined separately nor the necessary functions of a carwash facility such as vacuum cleaning stations.

Dry-bulk cargo means materials such as, but not limited to, cement, ash, salt or other loose or particulate matter which through their handling or storage have the potential to disperse or generate fugitive dust or other emissions.

Dwelling means a building or portion thereof designed exclusively for residential occupancy, but not including hotels, motels, lodginghouses, trailers or structures solely for transient or overnight occupancy.

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 which may be located off a shared common space.

Easement means an interest in land created by grant or agreement express or implied, which confers a right upon the owner (grantee) thereof to some profit, benefit, dominion or lawful use out of or over the estate of another.

Electronic vehicle charging station means a public or private parking space(s) that is (are) served by battery changing equipment with the purpose of transferring electric energy to a battery or other energy storage device in an electric vehicle.

Emergency shelter means a structure or portion of a structure or building above or below the ground, so constructed as to provide protection to human life during periods of nuclear fallout or blast overpressure and meeting the requirements and restrictions of the city director of civil defense.

Environmental constraints means natural features, resources, or land characteristics that are sensitive to change and may require conservation measures or the application of special development techniques to prevent degradation of the site, or may require limited development, or in certain instances, may preclude development. See also Physical Constraints to Development.

Extractive industry means the extraction of minerals including: Solids, such as coal and ores; liquids such as crude petroleum; and gases, such as natural gases. The term also includes quarrying; well operation; milling, such as crushing, screening, washing and flotation; and other preparation customarily done at the extraction site or as a part of the extractive activity.

Façade means all the wall planes of a structure as seen from one side or view and containing the walls, fascia, windows, doors, and canopy on any building elevation. For example, the front façade of a building would include all such areas that would be shown on the site and building plans for the front elevation.

Family member means a person or persons related by blood, marriage or other legal means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household.

Farming means the raising and keeping of cattle, horses, sheep, goats or poultry, but not hogs or fur animals, and the growing of all agricultural products and eggs, provided that buildings or structures used wholly or in part for the keeping or raising of livestock or poultry shall be located a minimum of 100 feet from the nearest adjoining lot or property line.

Fencing establishment means a business or organization which offers training and/or competition in the sport of fencing.

Floating zone means an unmapped zoning district adopted within this chapter which is established on the zoning map only when an application for development, meeting the zone requirements, is approved.

Flood maps means the official flood insurance rate maps and flood boundary and floodway maps of the city, Nos. 445398 0001 through Nos. 445398 0008 inclusive, revised June 1, 1983, as published by the federal insurance management agency, including any subsequent amendments officially adopted. The areas of special flood hazard, including all A and V zones, and the floodways as shown on the maps shall be considered an overlay district to the city zoning maps and shall be subject to the restrictions of section 19-306 as amended, in addition to any provisions applicable to the existing zoning district.

Floodplains, or flood hazard area means an area that is subject to a flood from a storm having a one percent chance of being equaled or exceeded in any given year, as approved by federal emergency agency pursuant to the National Flood Insurance Act of 1968, as amended (P.L. 90-448), 42 U.S.C. § 4011 et seq.

Floodproof means to utilize any combination of structural and nonstructural additions, changes or adjustments to properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structures and contents of buildings. For the purposes of this chapter, the latest published floodproofing regulations prepared by the U.S. Army Corps of Engineers may be applied at the discretion of the city engineer to determine the floodproofing measures and techniques to be required and employed.

Floor area, gross. See Rhode Island State Building Code.

Freeboard means a factor of safety expressed in feet above the base flood elevation for purposes of floodplain management. Freeboard compensates for the many unknown factors that could contribute to flood heights, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

Front lot line. See Lot line, front.

Fur animal means any animal usually kept and raised for the use and sale of its skin or fur.

Gallery means a building or space for the exhibition of art, usually visual art. Paintings are the most commonly displayed art objects. However, sculpture, decorative arts, furniture, textiles, costume, drawings, pastels, watercolors, collages, prints, artists' books, photographs, and installation art are also shown. Gallery space is sometimes used to host other artistic activities, such as performance art, music concerts, or poetry readings.

Gasoline filling station means a building, structure or premises where motor vehicular fuel is stored for sale to the public and where other sales activities and any other repairs which are minor in scope and subordinate to the sale of motor vehicular fuel, oil, and lubricants are carried on. Vehicle body repair, painting, major mechanical repair and motor vehicle sales, leasing or storage of unregistered vehicles are prohibited.

Governing body means the body of the local government, generally the city or town council, having the power to adopt ordinances, accept public dedications, release public improvement guarantees, and collect fees.

Grade means a reference plane representing the average finished ground level at the front of the building. Front of the building may be determined by the street address, and shall be done in consultation with the building inspector. Where the finished ground level slopes away from the front of the building, the reference plane shall be established by the lowest points within the area between the building and the lot line, or when the lot line is more than five feet from the building, between the building and a point five feet from the building.

Groundwater means water found underground which completely fills the open spaces between particles of sand, gravel, clay, silt, and consolidated rock fractures. The zone of materials filled with groundwater is called the zone of saturation.

Hardship means as defined in division 2 board of review, sections 19-36 through 19-55 of this chapter.

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

(2)

Pose a substantial present or potential hazard to human health or the environment.

Such wastes include, but are not limited to, those which are toxic, corrosive or flammable, or irritants, strong sensitizers, substances which are assimilated or concentrated in and are detrimental to tissue, or which generate pressure through decomposition or chemical reaction. In addition, such wastes include "industrial waste" as such term is used elsewhere in the state statues, as amended, unless the context shall clearly indicate otherwise. (This definition is incorporated from R.I.G.L. 1956, § 23-19.1-1 et seq. of the hazardous waste management act and R.I.G.L. 1956, § 23-19.7-1 et seq. of the hazardous waste management facilities act. All amendments to definitions in these state acts are heretofore incorporated in this definition.)

Hazardous waste disposal means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land or water. (This definition is incorporated from R.I.G.L. 1956, § 23-19.1-1 et seq., of the hazardous waste management act and R.I.G.L. 1956, § 23-19.7-1 et seq., of the hazardous waste management facilities act. All amendments to definitions in these state acts are incorporated in this definition.)

Hazardous waste management facility means a facility, excluding vehicles, for collection, source separation, storage, processing, treatment, recovery, or disposal of hazardous wastes, or a transfer station for hazardous waste, and may include a facility at which such activities occur and where waste has been generated. (This definition is incorporated from R.I.G.L. 1956, § 23-19.1-1 et seq., of the hazardous waste management act and R.I.G.L. 1956, § 23-19.7-1 et seq. of the hazardous waste management facilities act. All amendments to definitions in these state acts are incorporated in this definition.)

Heavy manufacturing means the manufacture or compounding of raw materials, and associated fabricating, packaging, distribution, and assembling, which shall be in conformance with sections 19-336 through 19-345.

Helistop means any private landing area used for the landing and taking off of a helicopter engaged in the personal or business operations of the person or company maintaining such helistop for the purposes of picking up and discharging of passengers or cargo, but not including fueling, repair or service facilities. The term helistop shall include, but not be limited to helipad, touchdown area, takeoff area, landing area, peripheral area and helicopter landing facility.

Higher educational institution means any university, college, junior college or similar public or nonprofit private educational organization or institution for post high school training.

Historic district or historic site means one or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites and has been registered, or is deemed eligible to be included, on the state register of historical places pursuant to state statutes.

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

Home occupation means an activity customarily carried out for gain by a resident, and conducted as an accessory use in the resident's dwelling unit, and as further provided for in section 19-171.

Hospital means an institution providing health services primarily for human inpatient medical, surgical, or therapeutic care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities.

Hotel means a building or buildings where temporary lodging is provided and offered to the public for compensation and where additional services such as restaurant, meeting, conference and recreational facilities may be provided for both guest and non-guest use.

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 no more than four unrelated persons living together as distinguished from persons occupying a boardinghouse, lodginghouse, club, motel or hotel.

Impact assessment means a concise report which accomplishes the following: Evaluates the positive and negative and direct and indirect impacts of a development or redevelopment project on the natural and manmade environment; and proposes reasonable measures to mitigate the impacts identified.

Improvement means any natural or built item which becomes part of, is placed upon, or is affixed to, real estate.

Improvement guarantee means a security instrument accepted by the city to ensure that all improvements, facilities, or work required by these regulations, or required as a condition of approval, will be completed in compliance with the approved plans and specifications.

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.

Incubator means a business company that helps new and startup companies to develop by providing services such as management training or office space, including co-working space. Business incubators differ from research and technology parks in their commitment to startup and early-stage companies.

Industrial trade schools means institutions dedicated to the instruction of trades such as, but not limited to, automotive repair, marine repair and heavy equipment repair and operation.

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

Junk materials means materials such as, but not limited to, scrap metal, unbaled scrap or waste paper, slag, sludge, or garbage or other materials which have the potential to present noxious odors.

Kiosk, free stating exterior means a freestanding exterior structure of less than 500 square feet for drive-up or walk-up window services or retail sales.

Land means real property including improvements and fixtures on, above, or below the surface.

Land development project means a project in which one or more lots, tracts, or parcels of land or a portion thereof are developed or redeveloped as a coordinated site for one or more uses, units or structures, including, but not limited to, planned development or cluster development for residential, commercial, institutional, recreational, open space, or mixed uses, as provided for in this chapter and in the City of East Providence's Land Development and Subdivision Review Regulations. Land development projects are categorized as Major or Minor land development projects as detailed in both Article V of these regulations and in the Land Development and Subdivision Review Regulations.

Land use regulation means any governmental agency authorized by this chapter to exercise the power granted by this chapter.

Large-scale ground-mounted solar photovoltaic facility means a solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, and has a minimum rated nameplate capacity per panel of 250 kW DC or more.

Limited manufacturing means the manufacturing, compounding, assembly, packaging, or fabrication of materials and products, with no outdoor storage, and in conformance with sections 19-336 through 19-345. Included in this category are: the manufacturing of advertising display, models and patterns; apparel and other finished products made from fabrics and similar materials; business machines; camera and photographic equipment; caskets; ceramic products; cosmetics and toiletries; electrical appliances; electronic equipment; emblems and badges; fasteners; food; games and toys; laboratory, scientific and engineering instruments; precious metal and costume jewelry; musical instruments; medical appliances and instruments; packaging products; paper products (but not the manufacture of paper from pulpwood), plastic products (but not the processing of raw materials); pharmaceuticals or optical goods; printing, publishing, engraving; sporting and athletic goods (including bicycles); tools or hardware; watches and clocks; writing instruments; and other similar products. A machine shop is included in this category.

Limited metal reclamation means the salvaging and reclamation of used metals of all types when carried on in a completely enclosed building without outside storage of any kind.

Liquid-bulk cargo means materials such as, but not limited to, petroleum products, liquefied natural gas or liquid chemical products, which, through their handling or storage, have the potential to cause environmental damage through spillage, dispersal, or leaching into the ground, groundwater or air, or damage due to explosion or fire.

Live entertainment means any activity performed live or any activity having amplified recorded sound or amplified electronic musical instruments including, but not limited to, musical bands, musical instruments, musical soloists, comedians and disc jockeys. For purpose of this definition, juke boxes and screen television entertainment are not regulated as live entertainment.

Live/work space means a building or spaces within a building used for commercial activities and areas for residential/living purposes where two-thirds or 67 percent of the unit is dedicated for residential purposes. Examples of acceptable live/work space are live-work units of insurance and financial offices, artists, boutiques, small antique shops, dance studios, personal trainers, and consultants of various type. Said business shall be of no or low impact to neighbors, and the unit shall be to be required to be occupied by the business owner.

Living space means the total floor areas of rooms used or intended to be used for living, sleeping, cooking or eating, excluding bathrooms, lavettes, laundries, pantries, foyers, communicating corridors, stairways, closets, storage spaces and any area with less than five feet of clear headroom under sloping ceilings, garages, breezeways, courts, porches, basements and cellars.

Lot means the basic unit for determination of lot area, depth, and other dimensional regulations; or 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 title transfer. Substandard lots of record shall be subject to the lot merger provisions of this chapter as defined in sections 19-131 through 19-133.

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, subject to the usable lot area provisions of this chapter as defined in this section.

Lot building coverage means that portion of the lot that is or may be covered by buildings and accessory buildings. This shall be expressed as a percent and shall express the proportion of the usable lot area that is or may be covered by the total maximum horizontal cross section of any building. For the purposes of this chapter, swimming pools shall not be considered in the measurement of lot building coverage as an accessory use in a residential district.

Lot, corner or corner lot mean lots which abut on and at the intersection of two or more streets and/or road rights-of-way.

Lot depth means the distance measured from the front lot line to the rear lot line; the distance shall be the shortest distance. For lots where the front and rear lot lines are not parallel the lot depth is an average of the depth. Average shall be measured from the midpoint of the front lot line to the midpoint of the rear lot line. Lot depth for corner and through lots shall be as determined under section 19-141.

Lot frontage means that portion of a lot abutting a street. Where all lot frontage is not contiguous, then only the largest single frontage will be considered with regard to minimum frontage requirements; in cases of equivalent noncontiguous frontage, minimum frontage will be determined by the zoning officer.

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)

Lot line, front or front lot line mean the lot line separating a lot from a street right-of-way. Corner and through lots are subject to the provisions of section 19-141.

(2)

Lot line, rear or rear lot line mean the lot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots an assumed line at least ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. Irregularly shaped lots are those which the zoning officer determines do not have a readily apparent rear lot line, which meets the intent of this chapter. In the event that the front property line of an irregularly shaped lot line is a curved line then the rear property line shall be assumed to be a line not less than ten feet long, lying entirely within the lot and parallel to a line tangent to the front lot line at its midpoint. The rear lot line for corner and through lots shall be as determined under section 19-141.

(3)

Lot line, side or side lot line mean any lot line other than a front or rear lot line. Side lot lines for corner and through lots shall be as determined under section 19-141.

Lot, through or through lot mean 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. For lots where the front and rear lot lines are not parallel or the front lot line is curved, width shall be measured as the distance between lot lines along a line at right angles to the depth which intersects the depth at the minimum front setback line. Width for corner and through lots shall be as determined under section 19-141.

Major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working. A major life activity also includes the operation of a major bodily function, including, but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

Marina means a complex of boating facilities designed as a unit, including such facilities as permanent slips, launching ramps, boat rentals, ships' stores, minor repairs and accommodations for eating and sleeping and excluding major overhaul and repair, winter storage, boat sales and yacht clubs.

Massage therapist means a person engaged in the practice of massage who has completed a program in or is certified by a school or institution of learning that is approved by the Commission on Massage Therapy Accreditation (COMTA) or an equivalent academic and training program meeting the requirements of the Rhode Island Department of Health as stated in their rules and regulations for licensing massage therapists as approved by the director, other than a correspondence course which school or institution has for its purpose the teaching of the theory, practice, method, profession, or work of massage, including at least anatomy, physiology, hygiene and professional ethics, pursuant to the statutory provisions. Proof of a current license issued by the department of health shall be posted on the premises in a location visible to customers.

Massage therapy means the practice of massage by a licensed massage therapist using a scientific system of activity to the muscular structure of the human body by means of stroking, kneading, tapping and vibrating with the hands or vibrators for the purpose of improving muscle tone and circulation.

Massage therapy establishment means an establishment approved and otherwise regulated by the licensing agency, which is the State of Rhode Island Department of Health, operating in conformance with all pertinent rules and regulations of the State of Rhode Island and all city ordinances and license requirements. Proof of a current license issued by the department of health shall be posted on the premises in a location visible to customers.

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

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

Motel means a building intended and designed for transient or overnight occupancy, divided into separate units within the same building and with or without public dining room facilities.

Multifamily dwelling means a building intended and designed to be occupied by three or more households living independently in separate dwelling units and/or townhouses, row houses, and/or apartments.

Neighborhood center means a development consisting of a building or buildings used for mixed land use, that has a community or civic space that is open to the public, that provides linkages to nearby neighborhoods, civic and/or open space/park properties, while also providing a buffered edge between the center and abutting residentially used or zoned land. A neighborhood center shall provide a location for consumers to arrive and depart by public transit, such as by the provision of a bus shelter. A neighborhood center may only be developed on lots of no less than 50,000 square feet. The inclusion of a feature such as a gazebo, garden, art, etc. to provide consumers with an attractive amenity is encouraged.

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

(1)

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

(2)

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

One-family dwelling means a building used exclusively for occupancy by one household.

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

Open storage means the storage outside of a completely enclosed structure, of any commodity, equipment, supplies, material, or substance related to a business or industrial use.

Outdoor retail—accessory 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 by this chapter that is superimposed on one or more districts or parts of districts and that imposes specified requirements in addition to, but not less than, those otherwise applicable for the underlying zone.

Owner means the owner of record as recorded in the records of land evidence in the city.

Parcel means a lot or contiguous group of lots in single ownership or under single control, and usually considered a unit for purposes of development. Also referred to as a tract.

Parcel distribution center means a building devoted to the receiving, sorting, overnight storage and delivery of small parcels not exceeding 50 pounds in weight.

Parking area means all that portion of a development that is used by vehicles, the total area used for vehicular access, circulation, parking, loading and unloading.

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

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

Permitting authority means the local agency of government, meaning any board, commission or administrative officer specifically empowered by state enabling law and local regulation or ordinance to hear and decide on specific matters pertaining to local land use.

Personal convenience service means any activity such as a barber or beauty shop, clothes cleaning pick up or pressing establishment, dressmaking or tailoring service, self-service laundry or dry cleaning, shoe repair, home appliance repair or any similar activity.

Persons with disabilities or member or members with disabilities means a person or persons having a physical or mental impairment which substantially limits one or more major life activities as defined in R.I.G.L. 1956, § 34-37-3. Disability does not include current illegal use of or addiction to a controlled substance.

Phased development means development where construction of public and/or private improvements proceeds by section(s) subsequent to approval of a master plan for the entire site.

Physical constraints to development means characteristics of a site or area, either natural or man-made, which present significant difficulties to construction of the uses permitted on that site, or would require extraordinary construction methods. See also environmental constraints.

Place of public assembly means any type of auditorium, theater, stadium, assembly hall, exhibition or convention hall, publicly supported and maintained sports arena, gymnasium, swimming pool and other similar place of assembly.

Planned development means a land development project as defined in this section and developed according to a plan as a single entity and containing one or more structures and/or uses with appurtenant common areas.

Portable storage container means any self-storage container larger than 350 cubic feet designed for temporary storage of household goods, personal property and other items which is typically rented to owners or occupants of real property for their temporary storage use and which is delivered and/or removed by truck trailer, and which shall be no larger than 20 feet in length, eight feet in width and eight and one-half feet in height.

Preapplication conference means an initial meeting between developers and municipal representatives which affords developers the opportunity to present their proposals informally and to receive comments and directions from municipal officials and others.

Premises means a lot or contiguous group of lots or parcel of land, together with all buildings, structures and uses thereon.

Property owners' association means the designated, private, nonprofit corporation of tenants-in-common set up by a developer with local government approval. Its purpose shall be to own, operate, and maintain various common properties that may exist as part of a land development project, or other common property ownership covenants. Title to common property is held by the corporation. Membership runs with the land, which means that a homeowner is automatically a member of the association.

Public improvement means any street or other roadway, sidewalk, pedestrian way, tree, lawn, off-street parking area, drainage feature, or other facility for which the city or other governmental entity either is presently responsible, or will ultimately assume the responsibility for maintenance and operation upon acceptance by the city.

Public utility means a public service corporation, either private or governmental, supplying or transmitting gas, electricity, transportation, water or communications to any or all members of the public and subject to federal, state or city regulations by virtue of its natural or legal monopoly.

Rated nameplate capacity means the maximum rated output of electric power production of the photovoltaic system in direct current (DC).

Rear lot line. See Lot line rear.

Religious institution means any church or other place of worship, and any convent, monastery, seminary or similar religious institution.

Reserve parking area for business/technology development means a portion of a business/technology development as defined in this section, and more particularly described in section 19-370, up to a maximum of 15 percent of the total number of off-street parking spaces as required by this chapter, being held in reserve as a landscaped area under a binding covenant running with the land between the city and the property owner/developer until such time as the zoning officer and/or the property owner, in consultation with the director of planning, deems that construction of the reserve parking spaces is required.

Restaurant means a building or premises where food and beverages are served to persons inside a building, sitting down at tables or a counter with no service window or facilities for service outside the building.

Seat means space for one person to sit on.

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.

Short-term rental means the offering of or occupancy or use of, all or portions of a dwelling unit by anyone other than the owner for a fee for a period of fewer than 28 consecutive calendar days.

Side lot line. See Lot line, side.

Sign means any advertisement, announcement, direction or communication produced in whole or in part by the construction, erection, affixture or placement of a structure on any land or on any other structure or produced by painting, posting or placing any printed, pictured, figured or colored material on any building, structure or surface; provided however that signs placed or erected by the city or state for municipal or governmental purposes shall not be included in this definition.

Single ownership means an undivided ownership by one person, a corporation or by several persons, whether the tenancy be joint, in common or by entirety.

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

Slope of land means the grade, pitch, rise or incline of the topographic landform or surface of the ground.

Solar energy device means the equipment and requisite hardware that provide and are used for collecting, transferring, converting, storing, or using incident solar energy for water heating, space heating, cooling, generating electricity, and off-loading said electricity to the grid, or other applications that would otherwise require the use of a conventional source of energy such as petroleum products, natural gas, manufactured gas, or electricity produced for a nonrenewable resource. Such shall include photovoltaic arrays and installations that utilize ground-mounted systems.

Solid waste means garbage, refuse, and other discarded solid materials generated by residential, institutional, commercial, industrial, and agricultural services but does not include hazardous waste as defined in the Hazardous Waste Management Act, chapter 19.1 of title 23 of the General Laws of the State of Rhode Island. For purposes of this chapter, solid waste shall also include asphalt, concrete, Portland cement, and waste and scrap tires.

Solid waste management facility means any plant, structure, equipment, and/or real or personal property operated for the receipt, storage, treatment, utilization, processing, or disposal of solid waste.

Special use means a regulated use which is permitted pursuant to a special use permit issued by the zoning board of review pursuant to state statutes, and which was formerly referred to as a special exception.

Sportsmen's club means a club whose primary purposes are conservation, hunting or fishing, and may include an indoor and/or outdoor gun range.

Stacking lane means an area of stacking spaces and driving lane provided for vehicles waiting for drive-through service, that is physically separated from other traffic and pedestrian circulation on the site.

Storm water detention means a provision for storage of storm water runoff and the controlled release of such runoff during and after a flood or storm.

Storm water retention means a provision for storage of stormwater runoff.

Story means that portion of a building between the upper surface of any floor and the upper surface of any floor next above having more than one-half of its height above the average elevation of the finished lot grade adjoining the building, and any portion of a building used for human occupancy between the topmost floor and the roof. In any building not divided into customary stories, each ten feet of building height shall be counted as one story.

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. See Street classification.

Street, access to means an adequate and permanent way of entering a lot. All lots of record shall have access to a public street for all vehicles normally associated with the uses permitted for that lot.

Street, alley means a public or private thoroughfare primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.

Street, cul-de-sac means the terminus of a local street that has only one outlet and having an appropriate vehicular turnaround, either temporary or permanent, at the closed end.

Street, 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.

Street, private means a thoroughfare established as a separate tract for the benefit of multiple adjacent properties and meeting specific City improvement standards. This definition shall not apply to driveways.

Street, public means all public property reserved or dedicated for street traffic under these regulations.

Street, right-of-way means the entire area to be dedicated for street use, including the pavement or travel surface, and the areas on both sides of the pavement or travel surface that may be reserved for installation of sidewalks, utilities, drainage improvements or other purposes.

Street, stub means a portion of a street reserved to provide access to future development, which may provide for utility connections.

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. The major classifications are as follows:

(1)

Arterial. A major street that serves as an avenue for the circulation of traffic into, out of, or around the municipality and carries high volume of traffic.

(2)

Collector. A street whose principal function is to carry traffic between local streets and arterial streets, but that may also provide direct access to abutting properties.

(3)

Local. Street whose primary function is to provide access to abutting properties, including minor and marginal access streets.

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. For the purpose of this chapter, such objects as bulkheads, stairs, fences, flagpoles, retaining walls, fireplaces or similar objects shall not be considered to be structures.

Subdivision means the division of a lot, tract or parcel of land into two or more lots, tracts, or parcels or any adjustment to existing lot lines shall be considered a subdivision. The approval of a subdivision is administered in accordance with the City of East Providence Land Development and Subdivision.

Substandard lot of record means any lot lawfully existing at the time of adoption or amendment of this chapter and not in conformance with the dimensional and/or area provisions of this chapter.

Temporary use permit means a temporary use permit that confers a temporary privilege to operate beyond the defined permissible uses in any zoning district.

Three-family dwelling means a building intended and designed to be occupied by three households living independently in separate dwelling units.

Tourist home or lodginghouse means a building occupied by a resident family thereon with not less than three but not more than seven guest rooms where lodging with or without meals is provided for compensation.

Trailer, house trailer or mobile home mean a vehicle or similar portable structure without motive power to be drawn by a motor vehicle, used for living or sleeping purposes and provided with any or all of the following mechanical systems and equipment: Plumbing; heating; electrical; cooking; and refrigeration.

Trailer court, trailer park or mobile home court or park mean a parcel of land which has been planned for the placement of two or more trailers.

Trailer lot means a designated site within a trailer court for the exclusive use of the occupants of a single trailer.

Transit shelter means an independent structure, having a roof supported by columns, resting on a foundation and designed for the shelter of public transportation patrons.

Two-family dwelling means a building used exclusively for occupancy by two households living independently of each other.

Unified development review means the process by which multiple applications are reviewed and decided upon concurrently in accordance with R.I.G.L. 45-23-50.1 and 45-24-46.4 and relevant sections of these regulations and the east providence land development and subdivision regulations.

Usable lot area means, for the purpose of calculating the lot building coverage on a lot pursuant to section 19-145 and for the purpose of determining multifamily area requirements pursuant to sections 19-217 and 19-218, the calculation of the usable lot area for a single-family residential lot shall include the entire lot without exclusions, and for all other uses, shall exclude the following:

(1)

Lands under water measured by city datum.

(2)

Wetlands, not including setbacks, as defined by R.I.G.L. 1956, §§ 2-1-14 and 2-1-20 and R.I.G.L. 1956, § 46-23-6(B)(3)(c).

(3)

All streets or rights-of-way public or private, which serve or are intended to serve more than one principal building or use. Public access areas, exclusive of those located in wetlands, which shall be conveyed by easement to the city, state or other governmental entity solely or scenic or waterfront access may be included in lot area calculations.

(4)

Lands possessing physical constraints such as, but not limited to, areas with slopes in excess of 20 percent, ledge outcrops, cemeteries, etc., which, by their nature or severity, would preclude conventional development.

(5)

With the exception of lands located within a portion overlay district, lands located within special flood hazard areas, as defined by the Federal Emergency Management Agency's flood insurance rate map and flood boundary and flood way map, as may be amended.

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

Variance means permission to depart from the literal requirements of this chapter. An authorization for the construction or maintenance of a building, 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. 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.

(1)

Use variance means permission to depart from the use requirements of this chapter where the applicant for the requested variance has shown by evidence upon the record that the subject land or structure cannot yield any beneficial use if it is to conform to the provisions of this chapter.

(2)

Dimensional variance means permission to depart from the dimensional requirements of this chapter under the applicable standards set forth in R.I.G.L. § 45-24-41

Waters means the same as defined in R.I.G.L. 1956, § 46-12-1 et seq., including any subsequent amendments officially adopted.

Wetland, coastal or coastal wetland means as defined in R.I.G.L. 1956, § 2-1-14 et seq., including any subsequent amendments officially adopted.

Wetland, freshwater or freshwater wetland means as defined in R.I.G.L. 1956, § 2-1-20 et seq., including any subsequent amendments officially adopted.

Yacht club means a building and lot used as the meeting place for an association of persons united by a common interest in boating and shall include provisions for the land and water storage of marine crafts.

Yard means an open space on the same lot with a principal building or structure located between the lot lines and the minimum setback lines which is unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in this chapter.

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

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

Yard, side or side yard mean a required yard extended along the side lot line between the required front yard and the required rear yard.

Zoning means the reservation of certain specified areas within a community or city for building and structures, or use of land, for certain purposes with other limitations as height, lot coverage, and other stipulated requirements.

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

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

Zoning ordinance means an ordinance enacted by the legislative body of the city pursuant to state statutes and in the manner providing for the adoption of ordinances in the city's Charter, which sets forth regulations and standards relating to the nature and extent of uses of land and structures, which is consistent with the comprehensive plan of the city as defined in R.I.G.L. 1956, § 45-22.2-1 et seq., which includes a zoning map, and which complies with the provisions of state statutes.

Zoning use district 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, open space and residential. Each district may include subdistricts. Districts may be combined.

(Rev. Ords. 1987, § 19-1; Ch. 457, § I, 10-7-97; Ch. 53, §§ I, II, 2-3-99; Ch. 146, §§ I—III, 10-23-00; Ch. 154, § I, 1-16-01; Ch. 453, § I, 7-15-08; Ch. 470A, § I, 10-7-08; Ch. 489A, § I, 10-6-09; Ch. 506, §§ I, II, 7-20-10; Ch. 533, § II, 9-6-11; Ch. 642, § I, 3-15-16; Ch. 721, § I, 8-21-18; Ch. 765, § I, 5-5-20; Ch. 823, § I, 11-16-21; Ch. 914, § I(Att.), 12-19-23; Ch. 919, § I, 5-7-24)

Cross reference— Definitions generally, § 1-2.

State Law reference— Similar definitions, G.L. 1956, § 45-22.4-4, 45-23-32, and 45-24-31.

In accordance with state statutes, the following purposes have guided the adoption of this chapter. These purposes are recognized to have equal priority and are numbered for reference only:

(1)

Promote the public health, safety, and general welfare.

(2)

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

(3)

Provide for orderly growth and development which recognizes:

a.

The goals and patterns of land use contained in the comprehensive plan of the city adopted and amended thereafter pursuant to G.L. 1956, § 45-22.1-1 et seq.;

b.

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

c.

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

d.

The values of unique or valuable natural resources and features;

e.

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

f.

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

g.

The use of innovative development regulations and techniques.

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

(9)

Provide opportunities for the establishment of low and moderate income housing.

(10)

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

(11)

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

(12)

Promote implementation of the city comprehensive plan adopted pursuant to R.I.G.L. 1956, § 45-22.2-1 et seq.

(13)

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

(14)

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

(15)

Provide for procedures for the administration of the zoning ordinance, including, but not limited to, variances, special use permits and development plan review.

(16)

Provide for the creation of land development projects with a review procedure outlined in the land development and subdivision review regulations.

(17)

Providing opportunities for reasonable accommodations in order to comply with the state Fair Housing Practices Act (chapter 37 of title 34), the US Fair Housing Amendments of 1988 (FHAA), the state Civil Rights of Individuals with Handicaps Act (chapter 87 of title 42), and the Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. section 12101 et seq.).

(Rev. Ords. 1987, § 19-2; Ch. 198, § I, 2-19-02; Ch. 914, § I(Att.), 12-19-23)

The city council shall have the power to adopt, amend or repeal and to provide for the administration, interpretation and enforcement of this zoning ordinance. The districts and regulations contained in this chapter are made in accordance with the city comprehensive plan as adopted and amended, in accordance with the state statutes. These regulations are adopted in order to implement the goals of the city comprehensive plan with regard to general land use throughout the city and suitable development. In instances of uncertainty in the construction or application of any section of this chapter, the ordinance shall be construed in a manner that will further the implementation of and not be contrary to, the goals and policies and applicable elements of such comprehensive plan.

(Rev. Ords. 1987, § 19-3)

All buildings or structures hereafter erected, reconstructed, altered, enlarged or moved and all uses of premises or land in the city shall be in conformity with the provisions of this chapter, and no building, structure, premises or land shall be used for any purpose or in any manner other than what is permitted in the district in which such building, structure, premises, use or land is located except as hereinafter provided. Any use not specifically listed or otherwise permitted in a district hereinafter established by this chapter shall be deemed prohibited.

(Rev. Ords. 1987, § 19-4)