In this ordinance, unless a contrary meaning is specifically prescribed, the following words and terms shall have the following meanings. Words used in the present tense include the future tense. The singular includes the plural, and the plural includes the singular. The word "used" includes designed, intended, or arranged to be used. The word "shall" is mandatory; the word "may" is permissive; the word "building" includes the word "structure"; the word "lot" includes the word "plot"; the word "land" includes the word "marsh" and "water." The word "town" means the Town of Narragansett. The term "town council" means the Narragansett Town Council; the term "town planning board" means the Narragansett Planning Board; the term "zoning board of review" means the Narragansett Zoning Board of Review; the term "town clerk" means the Narragansett Town Clerk.

As used in this ordinance, the following words and terms shall have the meanings indicated unless otherwise specified.

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

Accessory building. A subordinate building located on the same lot with the main building which is customarily incidental to the main building. Where a substantial part of the wall of an accessory building is part of the wall of the main building or where an accessory building is attached to the main building in a substantial manner as by a roof, such accessory building shall be considered to be part of the main building.

Accessory dwelling unit (ADU). A dwelling unit that is either:

(1)

Rented to and occupied by one or more members of the family of the occupant or occupants of the principal residence; or

(2)

Reserved for rental occupancy by a person or a family where the principal residence is owner occupied, and which meets the following provisions:

a.

In zoning districts that allow residential uses as set forth in section 6.3, no more than one accessory dwelling unit may be allowed per single-family dwelling.

b.

An accessory dwelling unit shall include separate cooking and sanitary facilities, with its own legal means of ingress and egress and is a complete, separate dwelling unit. The accessory dwelling unit shall be within or attached to the principal dwelling unit structure or within an existing structure, such as a garage or barn, and designed so that the appearance of the principal structure remains that of a one-family residence.

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

Accessory use. 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. The conversion of an existing structure from the use for which it was constructed to a new use by maintaining elements of the structure and adapting such elements to a new use (from RIGL 42-64.22-2).

Adjustment(s). A request or requests by the applicant to seek relief from the literal use and dimensional requirements of the municipal zoning ordinance and/or the design standards or requirements of the municipal land development and subdivision regulations. (Note: "adjustments" only apply to comprehensive permit projects.) The standard for the local review board's consideration of adjustments is set forth in R.I. Gen. Laws § 45-53-4(D(2)(iii)(E)(II) and is reflected in Section 7A.1 of this ordinance.

Affordable accessory dwelling unit (AADU). An accessory dwelling unit which qualifies for the amnesty provisions of section 7A.6(c) and that meets the affordability level and other requirements of section 7A and 7A.6.

Affordable housing. Year-round housing that has a sales price or rental amount that is within means of a household that is moderate income or less, as defined by R.I. Gen. Laws § 42-128-8.1(d), as amended.

Affordable housing plan. The affordable housing component of the housing element of the Town of Narragansett's adopted Comprehensive Plan as defined in § 45-22.2-4(1) that is prepared in accordance with guidelines adopted by the state planning council, and/or to meet the provisions of § 45-53-4(b)(1) and (c).

Aggrieved party. An aggrieved party, for purposes of this chapter, shall be:

(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 the zoning ordinance of a city or town; or

(b)

Anyone requiring notice pursuant to this chapter.

Agricultural land. "Agricultural land," as defined in G.L. 1956, § 45-22.2-4.

Airport hazard area. "Airport hazard area," as defined in G.L. 1956, § 1-3-2.

Alteration. Any change in the supporting members of a building such as bearing walls, columns, beams, girders or floors, or any other change which is not merely a repair or replacement of an existing part, or any change in the exterior enclosure of the building other than a repair or replacement of an existing part.

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

Application. The completed form or forms and all accompanying documents, exhibits, and fees required of an applicant by an approving authority for development review, approval, or permitting purposes.

Area median income (AMI). The median household income as determined annually by the federal department of housing and urban development (HUD) and adjusted for household size by HUD and by Rhode Island Housing for the designated statistical area that includes the Town of Narragansett as of the date of marketing of the housing unit to which it is being applied.

Automobile service station. See "gasoline service station."

Basement. That portion of a building wholly or partly underground and extending no more than four feet above the finished grade. The word "basement" includes the word "cellar."

Bed and breakfast/guest house. A single-family dwelling offering transient lodging accommodations to the general public within a portion of said dwelling, and which may include limited food preparation and the serving of such food within a common area. Such use shall accommodate no more than four transient guests at any one time.

Bedroom. Any habitable space in a dwelling unit or habitable space in an accessory structure not including a kitchen, living room or other common living space that is intended for or capable of being used for sleeping, meeting the minimum area, access and egress criteria of the state building code and has a door or doorway, of less than 48 inches in width. A room identified as a den, library, study, loft, bonus room or any room that satisfies this definition will be considered a bedroom for occupancy, parking and staff review of state approved onsite wastewater treatment systems as regulated in Section 4.5 (d).

Billboard. An outdoor structure advertising products not made, sold, used, or served on the premises.

Boarding school. A school for secondary level students in grades nine though 12, where pupils are enrolled in a course of study which is approved by the Rhode Island Department of Education and reside full-time during the school year with other students, faculty, staff and administrators. The word boarding is used in the sense of "bed and board," i.e., lodging and meals.

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

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

Building area. The total area of a lot which is covered by all of the buildings thereon, both principal and accessory, outlined by the vertical projection of such buildings.

Building envelope. A 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. 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 100 year storm, the greater of the following amounts, expressed in feet, shall be excluded from the building height calculation:

(i)

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

(ii)

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.

Building, main or principal. A building in which is conducted the main or principal use of the lot on which it is located.

Bunk room. A bunk room shall be defined as a bedroom as defined elsewhere herein with three or more beds and shall meet all the required building code standards, and shall be identified as such on any floor plans submitted to the town. The maximum number of beds shall be shown on the floor plans. Bunk rooms are prohibited in dwellings on lots of 20,000 square feet net area or less.

Cannabis cultivator. As defined under Section 21-28.11-3(11) of the Rhode Island Cannabis Act, 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.

Cannabis product manufacturer. As defined under Section 21-28.11-3(14) of the Rhode Island Cannabis Act, 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.

Cannabis retailer. As defined under Section 21-28.11-3(16) of the Rhode Island Cannabis Act, an entity licensed pursuant to § 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.

Cannabis testing laboratory. As defined under Section 21-28.11-3(17) of the Rhode Island Cannabis Act, a third-party analytical testing laboratory that is licensed annually by the commission, in consultation with the department of health, to collect and test samples of cannabis and cannabis products pursuant to regulations issued by the commission and is: (i) Independent financially from any medical cannabis treatment center or any licensee or cannabis establishment for which it conducts a test; and (ii) Qualified to test cannabis in compliance with regulations promulgated by the commission pursuant to this chapter. The term includes, but is not limited to, a cannabis testing laboratory as provided in § 21-28.11-11.

Cellar. See "basement."

Cluster. 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.

Coastal wetlands. Means salt marshes and freshwater or brackish wetlands contiguous to salt marshes or physiographical features. Areas of open water within coastal wetlands are considered a part of the wetland. In addition, coastal wetlands also include freshwater and/or brackish wetlands that are directly associated with non-tidal coastal ponds and freshwater or brackish wetlands that occur on a barrier beach or are separated from tidal waters by a barrier beach". CRMC Redbook (650-RICR-20-00-1).

College student. An individual enrolled as an undergraduate or graduate student at any university or college educational institution.

Common ownership. Either:

(a)

Ownership by one or more individuals or entities in any form of ownership of two or more contiguous lots; or

(b)

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

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

(a)

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

(b)

A group home providing care or supervision, or both, to not more than eight mentally disabled or mentally handicapped or physically handicapped persons, and licensed by the state pursuant to G.L. 1956, § 40.1-24-1 et seq.;

(c)

A residence for children providing care or supervision, or both, to not more than eight children including those of the caregiver and licensed by the state pursuant to G.L. 1956, § 42-72.1-1 et seq.;

(d)

A community transitional residence providing care or assistance, or both, to no more than six unrelated persons or no more than three families, not to exceed a total of eight persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, abuse, or neglect, and who are expected to reside in 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. The comprehensive plan adopted and approved by the town pursuant to chapters 22.2 and 22.3 of RI General Laws Title 45.

Consistent with local needs. Reasonable in view of the state need for low- and moderate-income housing, considered with the number of low-income persons in the town affected and the need to protect the health and safety of the occupants of the proposed housing or of the residents of the town, to promote better site and building design in relation to the surroundings, or to preserve open spaces, and if the local zoning or land use ordinances, requirements, and regulations are applied as equally as possible to both subsidized and unsubsidized housing. Local needs are identified in the adopted comprehensive plan.

Convalescent home. An establishment which provides full time convalescent or chronic care for the aged or infirm, but which does not provide intensive care treatment commonly provided in hospitals.

Coverage, building. That percentage of the lot area covered by the combined area of all buildings or structures on the lot, (i.e., building area divided by lot area). Notwithstanding the above, the structural components installed as part of a runoff or erosion control mitigation system, and/or the wetted surface of an above or in-ground pool shall not be counted in this calculation. In addition, where the structural improvements onsite have met, but not exceeded, or are proposed to meet but not exceed, the maximum allowance regulated in section 6.4 or 6.5, non-roofed open sundecks totaling up to 13 percent of the adjacent residential unit's overall footprint in the R-10 and R-20 residential zones shall be exempt.

Coverage, site. That percentage of the lot area covered by the building area, plus covered porches, walkways, driveways, parking areas and other concrete, asphalt, or other structures or impervious surfaces that do not absorb stormwater. Notwithstanding the above, non-roofed, open sundecks and stairways shall not be included in this classification but will be counted toward building coverage in accordance with the definition of building coverage.

Cupola. An architectural amenity to a residential, commercial, institutional or public building consisting of a rooftop structure having sides and a roof but not enclosed by windows or walls. A cupola shall be proportional to the roof of the building on which it sits such that its height may not exceed twice its width and the width may not exceed ten percent of the ridge line for that portion of the roof. No direct access from within the structure shall be allowed for habitation or other human use. Any structure exceeding these criteria shall be considered a tower.

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

Day care—Family day care home. Any home other than the individual's home in which day care in lieu of parental care or supervision is offered at the same time to six or less individuals who are not relatives of the caregiver, but may not contain more than a total of eight individuals receiving day care.

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

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

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

District. See "zoning use district."

Disturbed area. An area where the ground cover is destroyed or removed, leaving the land subject to accelerated erosion.

Dormitory. A structure used for housing unrelated individuals in suites, which usually has common dining, kitchen and sanitary facilities.

Drainage system. 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 groundwater, and the prevention and/or alleviation of flooding.

Drive-in restaurant. Any business which has a drive-in window through which customers are served food without leaving their vehicles, not including bakeries.

Drive through as an accessory to a bank or financial institution. Any bank or financial institution which has a drive up window or drive up ATM machine that customers can use for financial transactions.

Drive through as an accessory to a drug store business. Any drug store business which has a drive-through window that customers can drop off and pick up prescriptions or prescribed items necessary to administer the prescriptions only.

Driveway (residential). A private way providing access for vehicles to a parking space, garage or dwelling.

Duplex. Two single-family dwelling units, each with separate entrances, contained within one building, sharing the same roof and foundation and divided by a common party wall, which common party wall must separate rooms used for human occupancy and not garages, storage areas or areas such as porches, patios or decks.

Dwelling. Any building or part thereof, including hotels and roominghouses, used for human habitation.

Dwelling, duplex. See "duplex."

Dwelling, multifamily. A building containing three or more dwelling units.

Dwelling, multifamily (elderly housing). Any building containing three or more dwelling units which provides housing for elderly or handicapped families living independently of each other.

Dwelling, patio. A semidetached house built around an interior patio.

Dwelling, single-family. A building containing one dwelling unit.

Dwelling unit. A structure or portion thereof providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, and containing a separate means of ingress and egress.

Elderly or handicapped families:

(1)

Families of two or more persons the head of which (or his/her spouse) is 62 years of age or over, or is handicapped; or

(2)

A single person who is 62 years of age, or is handicapped.

Elevation. The height in feet relative to mean sea level in relationship to the national geodetic vertical datum of 1929 (NGVD).

Environmental impact statement (EIS). A written statement, prepared by an applicant for site plan approval or for an amendment to this ordinance for the purpose of evaluating the social, economic, and environmental consequences of the proposed development project or amendment.

Erosion. The detachment and movement of soil and rock fragments by water, wind, ice, or gravity.

Established grade. See "grade, established."

Existing or preexisting use. A building or use that is lawfully present on a given site or in a given building as of the effective date of this ordinance.

Existing mobile home park. A parcel (or contiguous parcels) of land divided into two or more mobile home lots, on which the installation of utilities, concrete pads, and streets is complete before the effective date of this ordinance.

Expansion of existing mobile home park. The preparation of additional mobile home lots by the installation of utilities, concrete pads, and streets.

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

Family. A person or persons related by blood, marriage, or other legal means. See also "Household."

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

Flood or flooding. A temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, and/or the unusual and rapid accumulation of runoff or surface waters from any source.

Flood insurance rate map. The official map on which the Federal Emergency Management Agency (FEMA) has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Flood, 100-year. The highest level of flood that, on the average, is likely to occur once in every 100 years or that has approximately a one percent chance of occurring any year.

Floodplains, or flood hazard area. As defined in G.L. 1956, § 45-22.2-4.

Floodprone areas or floodplain. The channel of a watercourse and its adjacent areas subject to inundation by the 100-year flood.

Floodway. That portion of special flood hazard areas which must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one foot.

Floor area, aggregate or gross;

a.

Breakwater Village only. The sum of the gross horizontal areas of the several floors of the building, excluding basement and attic floors used only for accessory use. All horizontal dimensions shall be taken from the exterior faces of walls or other outer limits of roofed areas. Areas of stairways shall be counted towards the area of the lower floor only, regardless of ceiling height or number of flights of stairs in that location.

b.

All residential uses (excluding Breakwater Village). The sum of the gross horizontal areas of the several floors of the building. All horizontal dimensions shall be taken from the exterior faces of walls or other outer limits of roofed areas. Areas of stairways shall be counted towards the area of the lower floor only, regardless of ceiling height or number of flights of stairs in that location.

The computation of aggregate or gross floor area SHALL include the following:

(1)

The area of each floor of a building as measured from the outside faces of the walls.

(2)

The area of structures with conditioned living area enclosed on all sides.

(3)

Attic space, finished or unfinished, with a center ceiling height of seven or more feet. For areas with slanted ceilings, the floor area with a ceiling height of five feet or less shall not be counted.

(4)

Basements, (or portions thereof) finished or unfinished with ceiling heights of seven feet or more, shall be counted. Basements with ceiling heights from floor to bottom of floor joist of 6'11" or less shall not be considered living space and not counted.

The computation of gross floor area shall EXEMPT the following:

(1)

Detached accessory structures under 144 square feet;

(2)

Unenclosed carports, porches and decks.

(3)

For all new construction and substantial improvements, areas below the base flood elevation where the home is required to be elevated pursuant to FEMA regulations.

(4)

Attached or detached garage space used for storage or for automobile parking.

Floor area ratio (FAR). The aggregate floor area of a building divided by the total net lot area of the given parcel, expressed as a decimal.

Freshwater wetlands. Those lands defined in RIGL, § 2-1-20 which "includes, but is not limited to, those areas that are inundated or saturated by surface or groundwater at a frequency and duration to support, and that under normal circumstances do support a prevalence of vegetation adapted for life in saturated soil conditions. Freshwater wetlands includes, but is not limited to: marshes, swamps, bogs, emergent, and submergent plant communities, and for the purposes of this chapter, rivers, streams, ponds, and vernal pools" and any subsequent amendments.

Garage, private. An accessory building or part of a principal building designed or used principally for the storage of motor vehicles as an accessory use.

Gasoline service station. Any area of land, including structures thereon, or any building or part thereof, that is used for the sale of motor fuels and which may include the sale of motor vehicle accessories and facilities for lubricating, washing or otherwise servicing motor vehicles, but not including body work, major repair, or painting.

Grade, approved. The elevation, natural or otherwise, approved by the permitting agency for the construction of a structure or subdivision.

Grade, established. The elevation of the street grade fixed by the town.

Grade, finished. The elevation of the completed surfaces of lawns, landscaped areas, walks, roads, driveways and parking areas or of the existing ground surface where it remains undisturbed.

Grade, natural. The elevation of a lot or parcel prior to any development, grading, or other land alteration.

Grading. Any excavation, grubbing, filling, or stockpiling of earth materials or any combination thereof, including the land in its excavated or filled condition.

Groundwater. "Groundwater" and associated terms, as defined in G.L. 1956, § 46-13.1-3.

Group homes. A community residence providing care or supervision, or both, to not more than eight persons with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1;

Habitable floor. Any floor usable for living purposes, including working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a habitable floor.

Halfway houses. 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.

Hardscape. A combination of building coverage and site coverage as defined elsewhere herein. This includes all enclosed structures, sundecks, pergolas, driveways, and parking areas (pervious and impervious). Ancillary facilities no larger than 64 square feet in area, septic systems and their components and the wetted area of pools are exempt. This exemption shall be limited to three separate ancillary elements per site or any number of facilities with a cumulative area not to exceed 200 square feet.

Hardship. As defined in section 11 of this ordinance.

Historic district, or historic site. As defined in section 5 of this ordinance.

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

Hotel. A building of two or more stories providing transient lodging accommodations to the general public, without individual kitchen facilities or separate exterior entrances. Such use may contain accessory facilities including, but not limited to, a restaurant, meeting rooms and recreational facilities.

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

Hybrid cannabis retailer. Under Section 21-28.11-3(28) of the Rhode Island Cannabis Act, a compassion center licensed pursuant to chapter 28.6 of title 21 that is in good standing with the department of business regulation and that has paid the fee pursuant to § 21-28.11-10 and has been authorized to sell non-medical or adult use cannabis to consumers.

Impervious or impermeable surfaces. Paved areas, roofs of buildings, and other surfaces which do not absorb stormwater.

Incentive zoning. 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.

Inclusionary (housing) unit. A low or moderate income housing unit (as defined herein) which meets the affordability level, unit type, and other requirements of section 7A, enabling it to be counted towards satisfying the requirements of that section.

Infeasible. Any condition brought about by any single factor or combination of factors, as a result of limitations imposed on the development by conditions attached to the approval of the comprehensive permit, to the extent that it makes it financially or logistically impracticable for any applicant to proceed in building or operating low- or moderate-income housing within the limitations set by the subsidizing agency of government or local review board, on the size or character of the development, on the amount or nature of the subsidy, or on the tenants, rentals, and income permissible, and without substantially changing the rent levels and unit sizes proposed by the applicant.

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

Inn. A hotel consisting of 30 or fewer rooms available for transient lodging.

Land development project. A project in which one or more lots, tracts, or parcels of land are to be developed or redeveloped as a coordinated site for a complex of uses, units, or structures, including, but not limited to, planned development and/or cluster development for residential, commercial, institutional, recreational, open space, and/or mixed uses as may be provided for in this ordinance.

Letter of eligibility. A letter issued by the Rhode Island Housing and Mortgage Finance Corporation in accordance with RIGL 42-55-5.3(a).

Level of service "C". A traffic condition characterized by average to long delays on minor streets.

Line, street. A lot line separating a lot from an adjacent street.

Local review board. The town planning board as defined by § 45-22.2-4.

Lot. Either:

(a)

The basic development unit for determination of lot area, depth, and other dimensional regulations; or

(b)

A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or recorded map and which is recognized as a separate legal entity for purposes of transfer of title.

Lot area, gross. The total area within the boundaries of a lot, excluding any street right-of-way, usually reported in acres or square feet.

Lot area, net. The area of the lot that is upland of any verified coastal feature and/or any CRMC or RIDEM verified wetlands onsite. This area shall be also known as the "buildable" portion of the lot. In no case shall the net lot area be the sole determinant of a site's capacity to support some form of development.

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

Lot depth. The distance measured from the front lot line to the rear lot line. For lots where the front and rear lot lines are not parallel, the lot depth is an average of the depth.

Lot frontage. That portion of a lot abutting a street. Noncontiguous frontage along the same street can be combined to meet the minimum frontage requirements.

Lot line. A line of record, bounding a lot, which divides one lot from another lot or from a public or private street or any other public or private space and shall include:

(a)

Front. The lot line separating a lot from a street right-of-way. The front line or street line shall be considered the boundary of the lot along the principal or primary street for lots fronting on more than one street including all corner and through lots;

(b)

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

(c)

Side. Any lot line other than a front or rear lot line. On a corner lot, a side lot line shall be a street lot line.

Lot, through. 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. 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 fronting on the outside of curved street segments and culs-de-sac, the lot width shall be measured as the distance measured along the chords of a line connecting the side lot lines parallel to the front lot line at a distance from the front lot line equal to the minimum front setback.

Low or moderate-income housing. Shall be synonymous with "affordable housing" as defined in affordable housing (as defined in this ordinance and in R.I. Gen. Laws § 42-128-8.1, as amended) that satisfies the criteria for "low or moderate income housing" under R.I. Gen. Laws § 45-53-3(5), as follows:

•

Subsidized by a federal, state, or municipal government subsidy under any program to assist the construction or rehabilitation of affordable housing; and

•

Subject to a land lease and/or deed restriction that assures such affordability 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.

Low income household. A household with an adjusted gross income that is 80 percent or less of the area median income.

Lowest floor. The lowest level, including basement, crawl space or garage, of the lowest enclosed area.

Marijuana cultivation facility. Any facility that, under state law, may acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply or otherwise process marijuana, including, but not limited to, facilities run by licensed cultivators, as defined in R.L. § 21-28.6-3, and cooperative cultivations pursuant to R.L. § 21-28.6-14. Compassion centers, as defined in R.L. § 21-28.6-3, which do not cultivate marijuana on-site, shall be considered marijuana retail facilities. This shall not include a cannabis cultivator, as defined herein.

Marijuana emporium. Any retail or commercial establishment, or club, whether for-profit, non-profit, or otherwise, at which marijuana is used and/or sold or dispensed for immediate, on-site use or consumption. This shall include without limitation any so-called "vapor lounge," or any other establishment at which marijuana is consumed in vaporized form. This shall not include marijuana retail facilities or marijuana cultivation facilities, as defined herein.

Marijuana retail facility. Any facility that may, under state law, acquire, possess, supply or dispense marijuana, and/or related supplies and educational materials, but does not cultivate marijuana on-site, including, but not limited to, compassion centers, as defined in R.L. § 21-28.6-3, provided that compassion centers that cultivate marijuana on-site shall be considered marijuana cultivation facilities. Facilities in which marijuana is sold or dispensed for immediate, on-site use or consumption shall be considered marijuana emporiums. This shall not include a cannabis retailer or hybrid cannabis retailer, as defined herein.

Marina. A boat basin and recreation facility, located on waterfront property, which provides moorings for boats and such facilities as boat launching ramps and marine supply stores.

Marine office. An office used by a business involved in or related to commercial fishing, charter fishing, recreational fishing or the supply or support of the fishing or boating industry, excluding, however, any office used in connection with or to support a ferry service.

Mean sea level. The average height of the sea for all stages of the tide in relationship to the national geodetic vertical datum of 1929.

Meeting local housing needs. As a result of the adoption of the implementation program of an approved affordable housing plan and, the absence of unreasonable denial of applications that are made pursuant to an approved affordable housing plan in order to accomplish the purposes and expectations of the approved affordable housing plan, and a showing that at least 20 percent of the total residential units approved by a local review board or any other municipal board in a calendar year are for low- and moderate-income housing as defined in § 42-128-8.1.

Mere inconvenience. As defined in section 11 of this ordinance.

Merger district. A combination of zoning use districts which have been designated for the merger of substandard lots.

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

Mobile home. A structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.

Moderate income household. A household with an adjusted gross income that is more than 80 percent but less than 120 percent of the area median income.

Modification. Permission granted and administered by the zoning enforcement agency of the town, and pursuant to the provisions of this contained herein to grant a dimensional variance other than lot area requirements from the zoning ordinance to a limited degree as determined by the zoning ordinance, but not to exceed 15 percent of each of the applicable dimensional requirements.

Monitoring agents. Those monitoring agents appointed by the Rhode Island Housing Resources Commission pursuant to RIGL 45-53-3.2 and to provide the monitoring and oversight set forth in RIGL including but not limited to RIGL 45-53-3.2 and 45-53-4.

Motel. A one- or two-story building providing transient lodging accommodations to the general public, divided into separate units with individual exterior entrances with directly accessible automobile parking. Such use may or may not include public dining or recreational facilities.

Municipal government subsidy. Assistance that is made available through a town program sufficient to make housing affordable, as affordable housing is defined in this ordinance and in R.I. Gen. Laws § 42-128-8.1(d)(1). Such assistance shall include a combination of, but is not limited to, direct financial support, abatement of taxes, waiver of fees and charges, and approval of density bonuses and/or internal subsidies, zoning incentives and adjustments as defined in this ordinance and any combination of forms of assistance.

New construction. Structures for which the start of construction commenced on or after the effective date of this ordinance.

Nonconformance. 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 such ordinance or amendment. Nonconformance shall be of only two types:

(a)

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

(b)

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

Orphanages. A community 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 Chapter 72.1 of Title 42.

Overlay district. A district established in a zoning ordinance that is superimposed on one or more districts or parts of districts and that imposes specified requirements in addition to, but not less, than those otherwise applicable for the underlying zone.

Parking area. A site or portion thereof, devoted to the off-street parking of vehicles, including parking spaces, aisles, access drives and landscaped areas and providing vehicular access to a public or private street in a forward motion.

Parking space. An off-street space available for the parking of one motor vehicle, and having direct usable access to a street.

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

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

Planned development. A land development project, as defined herein, and developed according to plan as a single entity and containing one or more structures and/or uses with appurtenant common areas.

Portable temporary storage unit (PTSU). A reuseable container fabricated of metal, wood or other combination of materials delivered via truck or trailer for the purpose of providing storage of equipment, inventory, supplies, furniture, household goods or other commodities. Said unit shall possess no wheels, axles or any independent mode of transport.

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

Principal use. The main or primary purpose for which a structure and/or lot is designed or intended, or for which a structure can be used, occupied or maintained under this ordinance.

Professional and business services. Activities such as banking and associated services, financial services, real estate, management, tax consulting, engineering, accounting, photography, art or business schooling, day care services, medical services.

Public shoreline accessway. An unobstructed path or corridor from a public thoroughfare or facility leading to or along the Narragansett Bay and/or Atlantic Ocean shoreline areas below the mean high water mark.

Reconstruction. Structural modifications affecting the integrity of the building.

Residence zone or residential zone. Each of the following zoning districts: R-80, R-40, R-20, R-10, R-10A.

Restaurant. A business enterprise engaged in serving and preparing food and beverages selected from a full menu by patrons seated at a table or counter, usually served by a waiter or waitress, and consumed on the premises. Alcoholic beverages may also be served for consumption on the premises.

Restaurant, drive-through. A business enterprise engaged entirely or in part in serving and preparing food and beverages from a menu selected by patrons ordering from a vehicle via a drive-up window or intercom, and which delivers the food to the patrons seated in the vehicle.

Restaurant, fast food. A business enterprise primarily engaged in the retail sale of food and beverages served in disposable containers and selected by patrons from a limited number of prepared, specialized items, including but not limited to hamburgers, chicken, fish and chips, tacos and hot dogs, for consumption either on or off the premises, in a facility where all or a substantial portion of the sales is by standup service at a counter or drive-through service. Such use, however, shall not include bakeries, delicatessens or such similar types of retail establishments selling pizza, grinders and/or submarine sandwiches.

Rhode Island Housing. The Rhode Island Housing and Mortgage Finance Corporation, an agency of the State of Rhode Island.

Road, private. Any street or way over which the public does not have the right to travel except with the consent of the owner thereof.

Room, habitable. A living room, dining room, sleeping room, kitchen, or other room in a residential structure which is not a bath or toilet room and is not used exclusively for storage or accessory purposes.

Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the beach.

Sediment. Solid material, either mineral or organic, that is in suspension, is transported, or has been moved from its site of origin by erosion.

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

Shopping center. A group of commercial establishments, planned, developed, owned and managed as a unit, with off-street parking provided on the property; or any group of commercial establishments sharing common walls; or a series of two or more separately owned establishments which share a common parking lot with spaces for at least ten cars.

Sign. Any permanent or temporary device or structure which has the following characteristics:

(a)

Is freestanding or attached to a building or structure; and

(b)

Is painted, represented or reproduced; and

(c)

Is inside or outside any building or structure; and

(d)

Displays, reproduces or includes any letter, word, name, number, model, symbol, insignia, design, device, representation, trademark or flag; and

(e)

Is used to identify the premises or occupant or owner of the premises; or

(f)

Is used to advertise or call attention to any trade, business, profession, industry, service, or other activity; or

(g)

Is used to advertise any product or item or the sale or rental or use of all or part of any premises, including that upon which it is displayed; or

(h)

Is used to direct vehicular or pedestrian traffic, other than state, county or municipal highway and roadway markers; or

(i)

Is used to advertise or promote the interest of any person.

The word "sign" shall not be construed to mean any sign in the interior of any structure unless such sign is displayed within the view of persons who are passing on a street or are in a parking lot.

Sign, announcement. An outdoor sign within the view of persons passing on a public street, which bears an advertisement relating to the premises on which the sign is located.

Sign area. The area of the smallest triangle, rectangle, or circle which can wholly enclose the surface area of the sign. All visible faces of a multifaced sign shall be counted separately and then totaled in calculating sign area, except that on dual-faced signs where two faces are parallel, only one side shall be counted. Three-dimensional signs shall be treated as dual-faced signs, i.e., the total sign area shall be twice the area of the smallest triangle, rectangle or circle which can totally circumscribe the sign in the plane of its largest dimension. Frames and structural members which do not meet the above definition of sign shall not be included in the computation of sign area.

Sign, business. A sign which identifies or advertises a permitted business, including permitted home occupations, which is located on the premises where such sign is located.

Sign, electric. A sign which provides artificial light directly or through any transparent or translucent material.

Sign, freestanding. A sign not supported by a wall or screening surface.

Sign, identification. An outdoor sign displaying the name and address of the occupant or identifying a permitted use or an accessory use, and which is at most 1½ square feet in area.

Sign, illuminated. A sign illuminated by artificial light focused upon or directed chiefly at the surface of the sign.

Sign, nonconforming use. A sign which identifies or advertises a use on the premises which is not allowed under this zoning ordinance.

Sign plaza. An area established and maintained by the Town of Narragansett, or other approved organization as specified in this ordinance, where approved informational and directional signs are grouped.

Sign, residential. A sign, other than the name and address of the resident, which identifies the residential premises on which it is located.

Sign, wall-mounted. A sign which is attached directly to or painted upon a wall or screening surface, and which does not project more than 12 inches therefrom. Signs located inside a building and intended to be visible from areas off the property or from a parking lot shall be considered wall-mounted signs.

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

Site plan review and approval. The procedure, set forth in Section 11 of this ordinance, by which the town planning board and zoning board of review evaluate whether a proposed development project will comply with all applicable development and performance standards in this ordinance.

Softscape. All area of a property that is not encompassed by the definition of hardscape. This is defined as permeable areas planted with trees, shrubs, vegetative ground cover or ornamental plantings.

Solar energy collector. A device or combination of devices which relies upon solar radiation as an energy source, and which is used to heat or cool a building, to heat water, or to generate electricity.

Special use. A regulated use which is permitted pursuant to the special-use permit issued by the authorized governmental entity, pursuant to G.L. 1956, § 45-24.42; formerly referred to as a special exception.

Story. That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the surface of the floor and the top of the ceiling beams next above it. A basement shall be counted as a story if the ceiling is more than four feet above the average level of the adjoining finished grade or if it is used for nonaccessory business purposes or for dwelling purposes. Each basement in excess of one shall be counted as a story.

Story, half. Any space, partially within the roof framing, where the clear height of not more than 50 percent of such space between the top of the floor beams and the structural ceiling level is seven feet, six inches, or more.

Street. A public thoroughfare which has been approved, constructed and accepted by the town, a state highway, or a private way or road approved by the town for which private maintenance is ensured by agreement in perpetuity.

Street line. See "line, street."

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

Subdivision. The division of any parcel of land as defined in the Town of Narragansett land subdivision regulations.

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

Suitable land for development. All land without severe limitations for development, less all land to be used for streets, roadways and easements, and specifically excluding all land designated as coastal wetlands as defined in G.L. 1956, §§ 2-1-14 and 46-23-6(B)(e), and any subsequent amendments thereto, and all land designated as freshwater wetlands as defined in G.L. 1956, § 2-1-20, and any subsequent amendments thereto.

Swimming pool. Any body of water having an artificial bottom and/or sides and a depth of more than two feet at any point therein.

Tower. An architectural component of a residential, commercial, institutional or public building that incorporates interior space for habitation or other human use, or which exceeds the dimensional criteria for a cupola. A tower may be heated or nonheated, have walls and/or windows and shall comply with height limits set forth under dimensional regulations in section 6.4 of this code.

Town road or town street. A street which has been improved to town road standards and has been accepted for public maintenance.

Townhouse. One of several attached dwelling units that, together, constitute a multifamily building, each of which is designed for and occupied exclusively as a home or residence for not more than one family and separated from other units by a ground-to-roof party wall or walls.

Traffic level of service. A qualitative measure of operational conditions within a traffic stream, as measured in the "Highway Capacity Manual, Special Report 209," published by the Transportation Research Board, Washington, D.C. 1985.

Trailer. Any vehicle or similar portable structure designed and constructed so as to permit the occupancy thereof as a dwelling by one or more persons and so designed and constructed that it is or may be mounted on wheels and used as a conveyance on a street or highway, propelled or drawn by its own or other motive power.

Tree nursery. Any parcel of land, with or without a building, where woody or herbaceous plants are grown or maintained in condition for sale.

Unified Development. The process by which the planning board is authorized to review and approve dimensional variances for properties undergoing review as a minor land-development or minor subdivision project. This process is to be known as Unified Development Review (UDR) as enumerated in R.I. General Laws § 45-23-50.1. UDR shall not be available for major land-development or major subdivision projects and UDR shall not be available for projects seeking the grant of a use variance.

Upland. All that land or area other than wetland above the mean high tide line.

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

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

(a)

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

(b)

Dimensional variance. Permission to depart from the dimensional requirements of a zoning ordinance, under the applicable standards set forth in RI Gen. Laws § 45-24-41 and as set forth in Section 11 of this ordinance.

Veteran's Memorial Park. The parcel identified as Tax Assessor's Plat C, Lot 453A, which is dedicated in perpetuity to the memory of Narragansett's veterans, and on which parking and the erection of permanent structures, excluding memorials, are prohibited.

Waters. As defined in G.L. 1956, § 46-12-1(b).

Wetland, coastal. As defined in G.L. 1956, § 2-1-14.

Wetland, freshwater. As defined in G.L. 1956, § 2-1-20.

Wetlands. See "coastal and freshwater wetlands."

Yard. An unoccupied, uncovered open space on the same lot with a main building or group of buildings, which extends between the building or group of buildings and the nearest lot line.

Yard, front. A yard extending across the full width of the lot and lying between the front lot line and nearest line of the main building. The only yard that is a front yard is that yard fronting the primary street.

Yard, rear. A yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the building.

Yard, side. A yard between the side lot line and the nearest line of the building and extending from the front yard to the rear yard or, in the absence of either of such yards, to the front and rear lot line.

Zones. Zoning districts established by this ordinance.

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

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

Zoning ordinance. An ordinance enacted by the legislative body of the town pursuant to this chapter and in the manner providing for the adoption of ordinances in the town's legislative or Home Rule Charter, if any, 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 Town of Narragansett, which includes a zoning map, and which complies with the provisions of G.L. 1956, § 45-24-27 et seq.

Zoning use districts. The basic unit in zoning, either mapped or unmapped, to which a uniform set of regulations applies, or a uniform set of regulations for a specified use. The districts include, but are not limited to agricultural, commercial, industrial, institutional, open space, and residential. Each district may include subdistricts. Districts may be combined.

(Ch. 811(1), § 1(2.2), 3-4-2002; Ch. 828, § 1(2.2), 2-3-2003; Ch. 839, § 1, 7-21-2003; Ch. 840, § 1, 8-4-2003; Ch. 873, § 1, 2-27-2006; Ch. 878, § 1, 7-3-2006; Ch. 897, § 2, 5-5-2008; Ch. 901, § 1, 7-21-2008; Ch. 921, § 1, 8-17-2009; Ch. 937, § 1, 10-4-2010; Ch. 954, § 1, 1-17-2012; Ch. 989, § 1, 10-15-2013; Ch. 1016, §§ 1, 2, 5-2-2016; Ch. 1017, § 1, 5-16-2016; Ch. 1020, § 2, 5-16-2016; Ch. 1061, § 1, 2-19-2019, eff. 3-1-2019; Ch. 1072, § 1, 1-6-2020; Ch. 1077, § 1, 8-24-2020; Ch. 1087, § 1, 6-21-2021; Ch. 1088, § 2, 9-7-2021; Ch. 1100, § 1, 10-17-2022; Ch. 1108, § 1, 6-19-2023; Ch. 1109, § 1, 8-7-2023; Ch. 1110, § 1, 8-21-2023; Ch. 1117, §§ 1, 2, 12-18-2023; Ch. 1118, § 1, 12-18-2023; Ch. 1119, § 1, 1-2-2024)