ABUTTER – Shall mean one whose property abuts, that is, adjoins at a border, boundary, or point with no intervening land.

(Reserved)

ACCESSORY DWELLING UNIT – Shall mean a residential living unit on the same lot where the principal use is a legally established single-family or multi-family dwelling unit. An accessory dwelling unit provides complete independent living facilities for one or more persons. It may take various forms, including, but not limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; or a unit that is part of an expanded or remodeled primary dwelling.

ACCESSORY USE OR STRUCTURE – Shall mean a use or structure clearly accessory or incidental to the principal use of a lot or structure and located on the site of the principal use or structure. Examples include but are not limited to: private swimming pool, residential garage, carport, tool shed, barn, off- street parking area, flag pole, radio antenna, windmill, sign and other similar uses or structures. Such accessory use shall not be permitted without the principal use to which it is related. Where a substantial part of the wall of an accessory building is part of the wall of the principal building or where an accessory building is attached to the principal building in a substantial manner as by a roof, such accessory building shall be counted as part of the principal building.

ADJACENT LOTS – Shall mean two or more lots of record which have one or more common boundary.

AFFORDABLE HOUSING – Shall mean residential housing that has a sales price or rental amount that is within the means of a household that is moderate income or less. In the case of dwelling units for sale, housing that is affordable means housing in which principal, interest, taxes, which may be adjusted by State and local programs for property tax relief, and insurance constitute no more than 30% of the gross household income for a household with less than one 120% of area median income, adjusted for family size. In the case of dwelling units for rent, housing that is affordable means housing for which the rent, heat, and utilities other than telephone constitute no more than 30% of the gross annual household income for a household with 80% or less of area median income, adjusted for family size. Affordable housing shall include all types of year-round housing, including, but not limited to, manufactured housing, housing originally constructed for workers and their families, accessory dwelling units, housing accepting rental vouchers and/or tenant-based certificates under Section 8 of the United States Housing Act of 1937, as amended and assisted living housing, where the sales or rental amount of such housing, adjusted for any Federal, State, or municipal government subsidy, is less than or equal to 30% of the gross household income of the low and/or moderate income occupants of the housing. [See RIGL 42-128-8.1(d)(1)]

AFFORDABILITY RESTRICTION – Shall mean that affordable housing as defined in Definition 5A above shall 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. [See RIGL 45-53-3 Definitions (5)]

AGGRIEVED PARTY – Shall mean, for purposes of this chapter, (a) 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 this chapter; or (b) anyone requiring notice pursuant to this chapter.

ANTENNA – Shall mean equipment designed to transmit or receive electronic signals.

APPLICANT – Shall mean an owner or authorized agent of the owner submitting an application or appealing an action of any official, board or agency.

APPLICATION – Shall mean the completed form or forms and all accompanying documents, exhibits and fees required of an applicant by an approving authority for development review, approval, or permitting purpose.

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

AUTO BODY SHOP – Shall mean a building or portion of a building in which major repairs are performed on automobile, truck or motorcycle bodies or chassis, including body repair, painting or priming.

BASEMENT – Shall mean that portion of a building included between the upper surface of its floor and the upper surface of the floor next above, having 1/2 or more of its height above the average elevation of the finished lot grade adjoining the building. A basement shall be counted as a story.

BILLBOARD – Shall mean a sign advertising products, services, facilities, events or attractions not made, sold, used, served or available on the premises displaying such sign. (See also "Sign, off-premises").

BOARD – Shall mean the Zoning Board of Review, as set forth in § 14-9, unless specifically stated to the contrary.

BUFFER – Shall mean land which is maintained in either a natural or landscaped state, and is used to screen and/or mitigate the impacts of development on surrounding areas, properties or rights of-way.

BUILDING – Shall mean any structure used or intended for supporting or sheltering any use or occupancy.

BUILDING, DETACHED – Shall mean a building having no party wall in common with another building.

BUILDING, PRINCIPAL – Shall mean the primary building on a lot or a building that houses a principal use.

BUILDING ENVELOPE – Shall mean the three dimensional space within which a structure is permitted to be built on a lot and which is defined by regulations governing: building setbacks, maximum height, bulk or other regulations, and/or any combination thereof.

BUILDING FOOTPRINT – Shall mean that area of a lot covered by a building or buildings, and their attached appurtenances, such as decks, porches, and stairs.

BUILDING HEIGHT – Shall mean the vertical distance measured from the grade, as defined herein, at the building line, to the highest point of the roof structure.

BUILDING OFFICIAL – Shall mean the Building Official of the Town of Little Compton who is also the Zoning Enforcement Officer.

CELLAR – Shall mean that portion of a building included between the upper surface of its floor and the upper surface of the floor next above, having less than 1/2 its height above the average elevation of the finished lot grade adjoining the building. A cellar shall not be counted as a story.

CEMETERY – Shall mean land used for the burial of the dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.

COMMON OWNERSHIP – Shall mean either (a) ownership by one or more individuals or entities in any form of ownership of two or more contiguous lots; or (b) ownership by an association (such ownership may also include a municipality) of one or more lots under specific development techniques.

COMMUNITY CENTER – Shall mean a building or group of buildings whose sole purpose is to house a nonprofit service, fraternal, or sectarian organization including administrative offices, child and elderly programs, recreation and assembly.

COMMUNITY RESIDENCE – Shall mean 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:

COMPREHENSIVE PLAN – Shall mean the Comprehensive Community Plan adopted by the Town pursuant to Rhode Island General Laws § 45-22.2-1 et seq.

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

COUNCIL – Shall mean the Town Council of the Town of Little Compton.

DAY CARE - DAY CARE CENTER – Shall mean any other day care center which is not a family day care home.

DAY CARE - FAMILY DAY CARE HOME – Shall mean any home other than the individual's home in which day care or supervision is offered at the same time to six or less individuals who are not relatives of the care giver, but may not contain more than a total of eight individuals receiving such care.

DENSITY, RESIDENTIAL – Shall mean the number of households or dwelling units per unit of land.

DEVELOPMENT – Shall mean 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 – Shall mean the process whereby the Planning Board is authorized to review the site plans, maps and other documentation of a development to determine the compliance with the stated purposes and standards of this chapter.

DISTRICT – See "Zoning use district."

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

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

DWELLING UNIT – Shall mean 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. (See "Household").

DWELLING, MULTI-HOUSEHOLD – Shall mean a building or portion thereof used for occupancy by two or more households living independently of each other.

DWELLING, SINGLE-HOUSEHOLD ALSO KNOWN AS A SINGLE FAMILY DETACHED DWELLING – Shall mean a building, not attached to another structure, used as living quarters by a single household, family or a number of individuals living together as a single housekeeping unit and having sleeping, cooking and bath facilities together with permitted accessory uses.

DWELLING, TWO-HOUSEHOLD – See "Dwelling, multi- household".

EXTRACTIVE INDUSTRY – Shall mean the extraction of minerals including: solids, such as gravel, sand, coal and ores; liquids such as crude petroleum, and gases, such as natural gases. The term also includes quarrying; well operation; milling, such as crushing, screening, washing and flotation; and other preparation customarily done at the extraction site or as a part of the extractive activity.

FAMILY – Shall mean a person or persons related by blood, marriage or other legal means. (See "Household").

FAST FOOD RESTAURANT – Shall mean a commercial establishment where food or beverages are cooked, prepared or packaged and offered for sale inside or outside the structure by means of stand-up counter and/or drive-in service (including self-service) and primarily serves or dispenses such food or beverages in or with disposable containers and/or utensils and take away food is more than incidental.

GARAGE, PARKING – Shall mean any building, except those herein defined as a private garage, used for parking of vehicles. Such buildings may include stores and other commercial establishments; providing they conform to all regulations of the zone in which they are located.

GARAGE, PRIVATE – Shall mean a detached accessory building or portion of a principal building used for storage of vehicles, and provided that, if more than two vehicles are stored therein, the capacity does not exceed one vehicle for each 2,500 square feet of lot area.

GARAGE REPAIR SHOP – Shall mean a building or portion of a building, in which repairs, other than major structural repairs or auto body repairs, are made to vehicles.

GASOLINE SERVICE STATION – Shall mean a building or portion of a building, in which automotive repairs or services are performed; fuel, oil, batteries and accessories are sold; grease racks, elevators and tire mounting devices are employed; but excluding automobile body repairing and painting and sale of automotive body parts.

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

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

GROUP QUARTERS – Shall mean a dwelling unit in which individuals requiring supervision are provided living, sleeping, cooking, eating and sanitation facilities.

HALFWAY HOUSE – Shall mean 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.

HOME OCCUPATION, CUSTOMARY – Shall mean occupational activities customarily carried out within a residential structure or an existing accessory structure subject to and as set forth in Subsection 14-5.6.

HOTEL, MOTEL OR INN – Shall mean a building or portion thereof where temporary lodging is supplied and where additional services such as restaurants, meeting rooms and recreational facilities may be provided.

HOUSEHOLD – Shall mean one or more persons living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit. The term household unit shall be synonymous with the term dwelling unit for determining the number of such units allowed within any structure on any lot in a zoning district. Any individual household shall consist of any one of the following: (a) a family, which may also include servants and employees living with the family or (b) a person or group of not more than three unrelated persons living together.

INFRASTRUCTURE – Shall mean facilities and services needed to sustain residential, commercial, agricultural, marine, industrial, institutional, and other activities.

JUNK YARD, INCLUDING AUTO WRECKING – Shall mean a lot or part thereof used for the storage, keeping or abandonment of junk, including scrap metal or other scrap material, or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.

KENNEL – Shall mean a commercial operation that: (a) provides food and shelter and care of dogs for purposes not primarily related to medical care (a kennel may or may not be run by or associated with a veterinarian), or (b) engages in the breeding of dogs for sale.

LAND DEVELOPMENT PROJECT – Shall mean a project in which one or more lots, tracts, or parcels of land are to be developed or redeveloped as a coordinated site for a complex of uses, units, or structures, including but not limited to: planned development and/or cluster development for residential, commercial, institutional, recreational, open space, and/or mixed used as provided for this chapter.

LODGING – Shall mean the provision of a rooming unit or units rented or leased for compensation.

LOT – Shall mean either (a) the basic development unit for determination of lot area, depth, and other dimensional regulations, or (b) a parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or recorded map and which is recognized as a separate legal entity for purposes of transfer of title.

LOT AREA – Shall mean the total area circumscribed by the boundaries of a lot, except that when the legal instrument creating a lot shows the boundary of the lot extending into a public street right-of-way, then the lot boundary for purposes of computing the lot area shall be the street right-of-way line, or if the right-of-way line cannot be determined, a line running parallel to and 20 feet from the center of the traveled portion of the street.

LOT COVERAGE – Shall mean the amount of the area of a lot which is covered by all principal and accessory structures, usually expressed as a percent.

LOT DEPTH – Shall mean 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 – Shall mean that portion of a lot abutting a street. Where all lot frontage is not contiguous, then only the largest single portion of such lot frontage will be considered with regard to minimum frontage requirements.

LOT LINE – Shall mean 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:

LOT WIDTH – Shall mean the horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front line at the minimum front setback line.

LOT, CORNER – Shall mean a lot at the junction of and fronting on two or more intersecting streets.

LOT, THROUGH – Shall mean a lot which fronts upon two parallel or approximately parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.

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

MANUFACTURED HOME – Shall mean a single-family, detached dwelling (commonly referred to as a "trailer" or "mobile home"), transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to appropriate utilities. For the purpose of development in any special flood hazard area as defined in Subsection 14-5.9, the term "manufactured home" shall include all park trailers, travel trailers and similar vehicles placed on a site for more than 180 consecutive days. This definition is not intended to include prefabricated or modular dwellings which are shipped or towed to a site on separate running gear, removed from said running gear, assembled and permanently erected on a foundation for dwelling use.

MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING – Shall mean a manufactured home park or subdivision for which the construction of facilities for servicing the lots upon which manufactured homes are to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) are completed before the effective date of flood plain management regulations adopted by the Town of Little Compton.

MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING, EXPANSION TO – Expansion to an existing manufactured home park or subdivision shall mean the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets).

NONCONFORMANCE – Shall mean 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 such chapter or amendment. Nonconformance shall be of only two types:

NURSING HOME – Shall mean a facility licensed by the State of Rhode Island, and maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital.

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

PARKING SPACE – Shall mean a portion of lot area set aside for the parking of one vehicle.

PARKING, ACCESSORY USE – Shall mean off-street parking of automobiles on the same or contiguous lot as a principal use where said parking is established or required in conjunction with the principal use.

PARKING, PRINCIPAL USE – Shall mean off-street parking of automobiles on one or more lots where parking spaces for more than four automobiles are available for public use whether free, for compensation, or to satisfy parking requirements of a principal use on separate and noncontiguous lots.

PERMITTED USE – Shall mean a use by right which is specifically authorized in a particular zoning district.

PLANNED UNIT DEVELOPMENT (PUD) – Shall mean land development project as defined herein and developed according to plan as a single entity and containing one or more structures and/or uses with appurtenant common areas.

PRE-APPLICATION CONFERENCE – Shall mean a review meeting of a proposed development held between applicants and the Building Official and/or other Town officials, before formal submission of an application for a permit or for development approval.

REPAIR – Shall mean a change meant only to remedy damage or deterioration of a structure or its appurtenances.

RESIDENTIAL PROFESSIONAL OFFICE – Shall mean an office operated by a physician, surgeon, dentist, optometrist, attorney, engineer, architect, planner, accountant or other professional person licensed by law or certified by a recognized professional organization or society, as set forth in Subsection 14-5.6.

REST HOME – Shall mean group lodging for convalescing people, including elderly, where basic services are provided.

ROOMING UNIT – Shall mean a room or suite of rooms having an independent means of access within a building, with facilities intended for sleeping and living, with or without individual sanitation, and without cooking facilities.

SALES, RETAIL – Shall mean on-premises sales of goods primarily to customers for their personal or household use or consumption.

SALES, WHOLESALE – Shall mean on-premises sales of goods primarily to customers engaged in the business of reselling the goods.

SETBACK LINE OR LINES – Shall mean 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.

SIGN – Shall mean any device that is sufficiently visible to persons not located on the lot where such device is located to attract the attention of such persons or to communicate information to them.

SIGN, FREESTANDING – Shall mean a sign that is attached to, erected on, or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure having a principal function other than the support of a sign. A sign that stands without supporting elements, such as a "sandwich sign," is also a freestanding sign.

SIGN, OFF-PREMISES – Shall mean a sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other activity that is conducted, sold, or offered at a location other than the premises on which the sign is located. (See also "Billboard").

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

SITE PLAN – Shall mean the development plan for one or more lots on which is shown the existing and/or the proposed conditions of the lot.

SPECIAL USE – Shall mean a regulated use which is permitted pursuant to a special use permit issued by the authorized government entity. Formerly referred to as a "special exception."

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

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

STREET LINE – Shall mean the line dividing a lot from any street, except a limited or controlled access highway to which the lot has no access.

STRUCTURE – Shall mean a combination of materials to form a construction for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land or water, including, but not limited to, buildings, gazebos, signs, billboards, outbuildings, and swimming pools.

TENT – Shall mean any temporary enclosure of canvas, strong cloth or synthetic materials stretched and sustained by poles, designed and used for temporary human occupancy that can easily be assembled and disassembled and easily removed from the premises.

TOWER, ANTENNA – Shall mean any structure whose principal function is to support transmitting or receiving antennas and related electronic devices.

TOWN – Shall mean the Town of Little Compton.

USE – Shall mean the purpose or activity for which land or buildings are designed, arranged, or intended, or for which land or buildings are occupied or maintained.

USE, ACCESSORY – See "Accessory use or structure."

USE, PRINCIPAL – Shall mean the primary or predominant use of any lot.

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

VARIANCE – Shall mean 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 building or structure, or for the establishment or maintenance of a use of land, which is prohibited by this chapter. There shall be only two categories of variance, a use variance or a dimensional variance:

VEHICLE, COMMERCIAL – Shall mean automobile vehicle used for commercial transportation purposes, including but not limited to trucks (all types and weights), van used for delivery and service, tractor trailer, garbage pick-up or dump truck, dumpster truck, or similar type vehicle.

YARD, FRONT – Shall mean the open, unoccupied space extending across the full width of the lot between the front lot line of the lot and the nearest wall of a principal or accessory structure located on said lot. On a corner lot, both yards abutting a street shall be defined as front yards.

YARD, SIDE – Shall mean the open, unoccupied space extending from the front yard to the rear yard between the side lot line and the nearest point of the wall of a principal or accessory structure located on said lot.

YARD, REAR – Shall mean the open, unoccupied space extending across the full width of the lot between the rear lot line and the nearest wall of a principal or accessory structure. On a corner lot, the rear yard shall be defined as both yards not abutting the street.

ZONING CERTIFICATE – Shall mean a document signed by the Zoning Enforcement Officer, which acknowledges that a use, structure, building or lot either complies with or is legally nonconforming to the provisions of this chapter or is a duly authorized variance or approved special use; as set forth in Subsection 14-9.1a of this chapter.

ZONING MAP – Shall mean the Little Compton Zoning Map which is a part of this chapter and which delineates the boundaries of all mapped zoning districts within the physical boundary of the Town as provided in Subsection 14-1.4b of this chapter.

ZONING USE DISTRICT – Shall mean the basic unit in zoning to which a uniform set of regulations applies, or a uniform set of regulations for a specified use.