The zoning districts and regulations set forth in this chapter are made in accordance with the comprehensive community plan, approved as amended on December 14, 2023, and for the following purposes:

(1)

Promoting the public health, safety and general welfare of the town.

(2)

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

(3)

Providing for orderly growth and development that recognizes:

a.

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

b.

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

c.

The values and dynamic nature of the town's waterbodies including freshwater ponds, streams and freshwater wetlands;

d.

The entire town's watershed areas;

e.

The values of unique or valuable natural resources and features;

f.

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

g.

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

h.

The use of innovative development regulations and techniques.

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

(9)

Providing opportunities for the establishment of low- and moderate-income housing.

(10)

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

(11)

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

(12)

Promoting implementation of the comprehensive plan adopted pursuant to G.L. § 45-22.2-1 et seq. In the instance of uncertainty in the application of any section of this chapter, the section in question 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 the comprehensive plan. See G.L. § 45-24-34(a).

(13)

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

(14)

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

(15)

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

(16)

Providing opportunities for reasonable accommodations in order to comply with the Rhode Island Fair Housing Practices Act, chapter 37 of title 34; the United States Fair Housing Amendments Act of 1988 (FHAA); the Rhode Island Civil Rights of Persons with Disabilities Act, chapter 87 of title 42; and the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.

(Ord. of 6-23-1994, art. I; Ord. of 11-9-2023(1); Ord. of 9-26-2024(2))

State Law reference— Zoning ordinance to contain a statement of purpose, G.L. 1956, § 45-24-34.

Where words or terms used in this chapter are defined in [G.L.] § 45-22.2-4 or [G.L.] § 45-23-32, they have the meanings stated in that section. In addition, the following words have the following meanings. Additional words and phrases may be used in developing local ordinances under this chapter; however, the words and phrases defined in this section are controlling in all local ordinances created under this chapter:

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

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

Accessory structure means a detached structure which is not used or not intended to be used for living or sleeping by human occupants, and which is located on the same premises with a dwelling (as defined in G.L. § 45-24.3-5).

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.

Adaptive reuse means "adaptive reuse," as defined in [G.L.] § 42-64.22-2.

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

(1)

Any person, or persons, or entities, who or that can demonstrate that his, her, or its property will be injured by a decision of any officer or agency responsible for administering this chapter; or

(2)

Anyone requiring notice pursuant to this chapter.

Agricultural land means "agricultural land," as defined in [G.L.] § 45-22.2-4.

Airport hazard area means "airport hazard area," as defined in [G.L.] § 1-3-2.

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

Billboard means any sign or advertising device, freestanding or located on a building or wall, which is not related to a use on the premises.

Buffer means land that is maintained in either a natural or landscaped state, and is used to screen and/or mitigate the impacts of development on surrounding areas, properties or rights-of-way.

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

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

Building height means that, 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 excludes 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 100-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 100-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.

Cannabis cultivator or marijuana cultivator means an entity licensed to cultivate, process and package cannabis, to deliver cannabis to cannabis establishments and to transfer cannabis to other cannabis establishments, but not to consumers (pursuant to G.L. § 21-28.11-3, as amended).

Cannabis establishment or marijuana establishment means a cannabis cultivator, independent testing laboratory, cannabis product manufacturer, cannabis retailer or any other type of licensed cannabis-related business (pursuant to G.L. § 21-28.11-3, as amended).

Cannabis product manufacturer or marijuana product manufacturer means an entity licensed to obtain, manufacture, process and package cannabis and cannabis products, to deliver cannabis and cannabis products to cannabis establishments and to transfer cannabis and cannabis products to other cannabis establishments, but not to consumers (pursuant to G.L. § 21-28.11-3, as amended).

Cannabis retailer or marijuana retailer means an entity licensed pursuant to [G.L.] § 21-28.11-10.2 to purchase and deliver cannabis and cannabis products from cannabis establishments and to deliver, sell or otherwise transfer cannabis and cannabis products to cannabis establishments and to consumers (pursuant to G.L. § 21-28.11-3, as amended).

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 this chapter 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 chapter provisions include incentive bonuses for certain types or conditions of development.

Collocation means the use of a common tower by two or more license holders or by one license holder for more than one type of communications technology.

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 an association (such ownership may also include a municipality) of one or more lots under specific development techniques.

Communications tower means a freestanding structure used for the location of one or more communications antenna arrays. It may also include an equipment shelter as an accessory use.

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 does not include halfway houses or substance use disorder treatment facilities. This does include, but is not limited to, the following:

(1)

Whenever six or fewer children or adults with intellectual and/or developmental disability reside in any type of residence in the community, as licensed by the state pursuant to [G.L.] chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community residences;

(2)

A group home providing care or supervision, or both, to not more than eight persons with disabilities, and licensed by the state pursuant to [G.L.] chapter 24 of title 40.1;

(3)

A residence for children providing care or supervision, or both, to not more than eight children, including those of the caregiver, and licensed by the state pursuant to [G.L.] chapter 72.1 of title 42;

(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.

Compassion center, as defined in [G.L.] § 21-28.6-3, means a not-for-profit entity registered under [G.L.] § 21-28.6-12 that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies or dispenses marijuana and/or related supplies and educational materials, to patient cardholders and/or their registered caregiver cardholder or authorized purchaser.

Comprehensive plan means the comprehensive plan adopted and approved pursuant to [G.L.] § 45-22.2-1 et seq. and to which any zoning adopted pursuant to this chapter shall be in compliance.

Customary home occupation means any occupation which may normally be carried on in a residence by the occupant without the provision of normal business or industrial equipment and displays except for simple tools and machinery designed for home use. Such a use requires no structural alteration to the residence and does not create a nuisance to neighboring dwellings. Such home occupations may include, but are not limited to, knitting, sewing, cooking, handcrafts, artist, dressmaker, teacher, author, lawyer, architect, accountant, or consultant.

Day care; day care center means any other day care center which is not a family daycare 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 less individuals who are not relatives of the caregiver, but may not contain more than a total of eight individuals receiving day care.

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

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

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

Distillery means a commercial establishment wherein potable alcoholic liquors obtained by the process of distillation are made and sold. The distillation process shall take place wholly inside a building and shall result in products for sale that may include, but not be limited to, whiskey, vodka, rum and gin. Distilleries shall produce greater than 20,000 but less than 50,000 gallons of liquor per year. Distilleries producing greater than 50,000 gallons of liquor per year are not permitted.

District. See "zoning-use district."

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 water and groundwaters; and the prevention and/or alleviation of flooding.

Dump means a place or facility for disposing discarded materials, such as trash, garbage or junk, as generated by residential, institutional, commercial, industrial and agricultural sources.

Dwelling unit means a structure, or portion of a structure, 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.

Equipment shelter means an enclosed structure, cabinet, shed or box used in as an accessory to a communications antenna array to house electrical equipment, batteries and emergency electrical generators, directly related to such antenna array. No other uses, including storage, shall be permitted in any equipment shelter.

Extractive 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.

FAA means the Federal Aviation Administration.

Farm brewery means a brewery that is located on a farm of no less than five acres and that produces beer or cider which is manufactured with at least one primary ingredient (hops, grain or fruit) grown on the farm and whose annual production does not exceed 150,000 gallons of beer or cider, and where customers would have the opportunity to tour the farm and try small samples (three ounces or less), and purchase bottles (of up to 64 ounces each) to take home and consume off site. A farm brewery may also sell beer or cider at wholesale to retailers with the appropriate state license. A farm brewery must have the appropriate state license to operate a brewery. Subject to the provisions of section 38-394.

Farm distiller means a facility located on a farm of no less than five acres that produces distilled spirits which are manufactured with at least one primary ingredient grown on the farm into alcoholic beverages and where customers would have the opportunity to tour the farm, try small samples, and purchase bottles to take home and consume off site. A farm distiller shall produce no greater than 20,000 gallons of product per year. Subject to the provisions of section 38-394.

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.

FCC means the Federal Communications Commission.

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

Floodplains or flood hazard area means as defined in [G.L.] § 45-22.2-4.

Freeboard means a factor of safety expressed in feet above the base flood elevation of a flood hazard area 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 yard means the area between a road line and a line parallel thereto drawn through the nearest point of a structure, extending between side lot lines.

Garbage means any animal or vegetable waste.

General business development means a planned, coordinated development of a single tract or tracts of land with one or more buildings for a variety of uses. These may include retail, service, office and related activities, and residential uses. Such development is planned, designed, constructed and managed on an integrated and coordinated basis with particular attention given to on-site vehicular circulation, parking, utility needs, building design and location, and open space. The project is developed or controlled by a single proprietary entity and has an enforceable master plan and/or covenants, conditions and restrictions. The development may consist of one or more parcels, various forms of residential ownership, or a combination thereof and may contain public or private roads, or a combination thereof.

Groundwater means "groundwater" and associated terms, as defined in [G.L.] § 46-13.1-3.

Halfway house means a residential facility for adults or children who have been institutionalized for criminal conduct and who require a group setting to facilitate the transition to a functional member of society.

Hardship. See [G.L.] § 45-24-41.

Historic district or historic site means as defined in [G.L.] § 45-22.2-4.

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

Household means one or more persons living together in a single-dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit. The term "household unit" shall be synonymous with the term "dwelling unit" for determining the number of such units allowed within any structure on any lot in a zoning district. An individual household shall consist of any one of the following:

(1)

A family, which may also include servants and employees living with the family; or

(2)

A person or group of unrelated persons living together, not to exceed five.

House trailer means any temporary structure, with or without a permanent foundation that is used as a temporary residence following an unexpected event.

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

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

In-patient rehabilitation facility means a skilled nursing facility or long-term care facility.

Land development project means a project in which one or more lots, tracts, or parcels of land 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 may be provided for in this chapter.

Licensed cultivator means a person as identified in [G.L.] § 43-3-6, who has been licensed by the department of business regulation to cultivate marijuana pursuant to [G.L.] § 21-28.6-16.

Licensed nonresidential cooperative cultivation means two or more cardholders who cooperatively cultivate marijuana in nonresidential locations subject to the requirements set forth in [G.L.] § 21-28.6-14.

Licensed residential cooperative cultivation means two or more cardholders who cooperatively cultivate marijuana in residential locations subject to the requirements set forth in [G.L.] § 21-28.6-14. This excludes, per department of business regulation, the situations of two or more qualifying patient or primary caregiver cardholder(s) who are primary residents of the same dwelling.

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 that 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 road right-of-way, usually reported in acres or square feet.

Lot area, minimum means the smallest land area established by this chapter upon which a use, building, or structure may be located in a particular zoning district.

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 frontage means that portion of a lot abutting a road. Where noncontiguous frontage exists, it shall be included when considering whether a lot meets the dimensional requirements of section 38-192.

Lot line means a line of record, bounding a lot, that divides one lot from another lot or from a public or private road or any other public or private space and shall include:

(1)

Front means the lot line separating a lot from a road right-of-way. The front lot line on lots fronting on more than one road shall conform to section 38-273.

(2)

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

(3)

Side means any lot line other than a front or rear lot line. On a corner lot, a side lot line is a road lot line.

Lot of record means a parcel of land recorded by deed or recorded plat in the office of the town clerk.

Lot size, minimum shall have the same meaning as "minimum lot area" defined herein.

Lot, corner means a lot which fronts upon two roads, those roads intersecting, and not being parallel.

Lot, through means a lot which fronts upon two parallel roads, or that fronts upon two roads that do not intersect at the boundaries of the lot. At least one lot frontage shall meet minimum zoning requirements for the district.

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.

Low- or moderate-income (LMI) housing means any housing whether built or operated by any public agency or any nonprofit organization or by any limited equity housing cooperative or any private developer, that is subsidized by a federal, state, or municipal government subsidy under any program to assist the construction or rehabilitation of housing affordable to low- or moderate-income households, as defined in the applicable federal or state statute, or local ordinance and that will remain affordable through a land lease and/or deed restriction for 99 years or such other period that is either agreed to by the applicant and town or prescribed by the federal, state, or municipal government subsidy program but that is not less than 30 years from initial occupancy.

Medical cannabis treatment center or medical marijuana treatment center means a compassion center, a medical marijuana emporium, or marijuana establishment licensee who operates a treatment center, all as defined in [G.L.] § 21-28.6-3 (pursuant to G.L. § 21-28.11-3, as amended).

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

Medical cannabis treatment center or medical marijuana treatment center means a compassion center, a medical marijuana emporium, or marijuana establishment licensee who operates a treatment center, all as defined in [G.L.] § 21-28.6-3 (pursuant to G.L. § 21-28.11-3, as amended).

Medical marijuana emporium means any establishment, or club, whether for-profit or nonprofit, or any commercial unit or other premises at which the distribution, transfer or use of medical marijuana or medical marijuana products is proposed and/or occurs to, by or among registered patients, registered caregivers, authorized purchaser cardholders. This shall not include a compassion center or licensed cultivator regulated and licensed by the department of business regulation.

Mere inconvenience. See [G.L.] § 45-24-41.

Micro-brewery means a commercial establishment wherein beer, cider, or other malt beverages are manufactured and prepared for wholesale distribution, retail sales, and onsite tastings. A brewery may not produce more than 15,000 barrels per year.

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.

Nonconformance means a building, structure, or parcel of land, or use thereof, lawfully existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with the provisions of that ordinance or amendment. Nonconformance is of only two types:

(1)

Nonconforming by use means a lawfully established use of land, building or structure that 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 is nonconformity by use; or

(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 is 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, is nonconforming by dimension.

Mobile home means any structure meeting the definition of manufactured home, herein, not having a permanent foundation and that was built prior to June 15, 1976.

Overlay district means a district established in this chapter that is superimposed on one or more districts or parts of districts. The standards and requirements associated with an overlay district may be more or less restrictive than those in the underlying districts consistent with other applicable state and federal laws.

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

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

Piggery means any lot, structure or farm where garbage collected from off the premises is fed to pigs.

Planned development means a "land development project" as defined in G.L. § 45-24-31(39), and developed according to plan as a single entity and containing one or more structures or uses with appurtenant common areas.

Plant agriculture means the growing of plants for food or fiber, to sell or consume.

Preapplication conference means a review meeting of a proposed development held between applicants and reviewing agencies as permitted by law and municipal ordinance, before formal submission of an application for a permit or for development approval.

Preexisting towers and antennas means towers and antennas built and/or mounted before March 5, 1998.

Professional office means an office used primarily for conduct of occupations including, but not limited to, licensed medical practitioner, attorney, accountant, architect, surveyor or engineer.

Rear yard means the area between a rear lot line and a line parallel thereto drawn through the nearest point of a structure, extending between side lot lines.

Recreational events and amusements (open) means outdoor recreational uses that are temporary and characteristic of the town and cause minimal noise, traffic and inconvenience to neighboring properties. Examples are horse shows and art shows. Any event following within the scope of [G.L.] § 5-22-1 et seq. shall also receive approval from the town council, subject to any terms and conditions imposed by the council pursuant thereto.

Residential caregiver cultivation means a primary caregiver as defined in [G.L.] § 21-28.6-3 who elects to grow marijuana at their residence in accordance with the regulations as set forth in [G.L.] § 21-28.6-4.

Residential personal cultivation means marijuana cultivation by a single registered cardholder, as defined in [G.L.] § 21-28.6-3, within his or her residential dwelling for medical use only, in accordance with the regulations set forth in [G.L.] § 21-28.6-4.

Road means a public highway of the town or the state, or a road within a subdivision approved by the planning board in accordance with chapter 32, the town subdivision regulations.

Road line means a lot line separating a lot from an adjacent road.

Senior citizen group dwelling means an age-restricted community (individuals 55 years old and greater) that is not an in-patient rehabilitation facility.

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 structure means a structure devoted to the leasing of three or more rooms or suites, such suites usually consisting of a single room with common sanitary and dining facilities.

Side yard means the area between a side lot line and a line parallel thereto drawn through the nearest point of a structure, extending from the front yard to the rear yard, or if there is no rear yard, to the rear lot line.

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.

Special use means a regulated use which is permitted pursuant to the special use permit issued by the authorized governmental entity, pursuant to 1956, [G.L.] § 45-24-42; formerly referred to as a special exception.

Structure means a combination of materials to form a construction for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land or water.

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

Tourist or transient means any use of a residential unit for occupancy for less than a 30 consecutive day term of tenancy, or occupancy for less than 30 consecutive days of a residential unit leased or owned by a business entity, whether on a short-term or long-term basis, including any occupancy by employee or guests of a business entity for less than 30 consecutive days where payment for the residential unit is contracted for or paid by the business entity (as defined in G.L. § 42-63.1-2).

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 or structure, or for the establishment or maintenance of a use of land, that 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 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, 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 are not grounds for relief.

Waters means as defined in [G.L.] § 46-12-1(23).

Wetland, coastal means as defined in [G.L.] § 45-22.2-4.

Wetland, freshwater means as defined in [G.L.] § 2-1-20.

Winery means an agricultural processing facility comprising the building or buildings used to convert fruit juices to wine, and to age, bottle, store, distribute and sell said wine. A winery can include, but is not limited to, crushing, fermenting and re-fermenting, bottling, blending, bulk and bottle storage, aging, shipping, receiving, laboratory equipment and maintenance facilities, sales, and administrative office functions. Winery shall also include "farmer-winery" as specified by G.L. § 3-1-1 and G.L. § 3-6-1.1. Subject to the provisions of section 38-394.

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

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

Zoning enforcement officer means the town's building official.

Zoning ordinance means an ordinance enacted by the legislative body of the town pursuant to [G.L.] § 45-24-1 et seq. and in the manner providing for the adoption of ordinances in the town's legislative or home rule charter, if any, that establish regulations and standards relating to the nature and extent of uses of land and structures; that is consistent with the comprehensive plan of the town as defined in [G.L.] § 45-22.2-1 et seq.; that includes a zoning map; and that 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 is for a specified use. Zoning use districts include, but are not limited to: agricultural, commercial, industrial, institutional, open space and residential. Each district may include sub-districts. Districts may be combined.

(Ord. of 6-23-1994, art. II; Ord. of 3-5-1998; Ord. of 10-8-2009, Pt. 1(A); Ord. of 9-9-2010; Ord. of 2-28-2019(1); Ord. of 9-14-2023(1); Ord. of 9-14-2023(2); Ord. of 9-14-2023(6); Ord. of 4-25-2024(13))

Cross reference— Definitions generally, § 1-2.

State Law reference— Similar definitions, G.L. 1956, § 45-24-31; definitions to be provided in zoning ordinance, G.L. 1956, § 45-24-35.

Any person who violates any of the provisions of this chapter or any safeguard of condition attached to the granting of a special use permit or variance may, after being given notice in writing of such violation by the zoning enforcement officer, be fined not more than $100.00 for each offense for the first 14 days; and each day of the existence of any such violation shall be deemed a separate offense. After 14 days have expired since the date of imposition of fine, if the existence of the matter causing repeated violation is still in place, the party in violation shall be fined not more than $500.00 for each offense; and each day of the existence of any such violation shall be deemed a separate offense. Such fine to inure to the town. Immediately upon the request of the zoning enforcement officer, the town solicitor shall institute appropriate action in the supreme or superior court to restrain the violation of, or to compel compliance with, the provisions of this chapter.

(Ord. of 6-23-1994, art. XI, § 3G; Ord. of 3-14-2024(16))