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

ACCESS RISER — A structurally sound and water tight inspection port, which at its lowest point attaches to a septic tank or other component of an OWTS and extends upward to the ground's surface, allowing visual inspection and where necessary physical access to the OWTS for the purposes of maintenance and repair.

ACCESSORY DWELLING UNIT— A residential living unit on the same parcel as a legally established principal use. 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.

Reserved.

Accessory family dwelling unit. An apartment connected to and accessible from a single-family dwelling unit that contains permanent provisions for living, sleeping, eating, cooking, and sanitation and is occupied by a family member of the property owner who is 62 years old or older or is disabled, as defined by R.I. Gen. Laws § 42-87-1. See § 518, Accessory Family Dwelling Units.

ACCESSORY RESIDENTIAL STRUCTURE — Any structure, accessory to a principal use, designed, intended or used for overnight human habitation or occupancy. No Accessory Residential Structure shall have kitchen facilities.

ACCESSORY HOTEL ROOM — An accessory hotel room is a hotel room developed on the same lot as a hotel which is not accessed from the inside lobby of the hotel and may or may not be freestanding.

ACCESSORY STRUCTURE — A structure which is customarily incidental and subordinate to the principal structure. An accessory structure shall be restricted to the same lot as the principal structure. An accessory structure shall not be permitted without the primary structure to which it is related. No accessory structure shall be used for overnight human habitation unless it is an Accessory Residential Structure in compliance with § 511 or it satisfies the definition of Dwelling Unit in this section.

ACCESSORY USE-HOME OCCUPATION — 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 shall 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.

AFFORDABLE HOUSING — Residential housing built or set aside for year round habitation for sale or rent, affordable to households whose adjusted gross income is less than 140% of the area median income, adjusted for family size, based on applicable United States Department of Housing and Urban Development schedules. See § 405, Affordable Housing.

AGGRIEVED PARTY — An aggrieved party, for purposes of this Ordinance, shall be:

AGRICULTURAL — The use of land for crop production or raising of livestock.

AGRICULTURAL LAND — Land suitable for agriculture by reason of suitability of soil or other natural characteristics or past use for agricultural purposes. Agricultural land includes that defined as prime farm land or additional farm land of statewide importance for Rhode Island by the Soil Conservation Service of the United States Department of Agriculture.

AIRCRAFT — Any contrivance now known or hereafter invented for use in or designed for navigation or flight in the air. This definition shall not apply to drones.

ALTERATION (of an on-site wastewater treatment system) — Any modernization, modification or change in the size, type or layout of an existing sewage disposal system, including but not limited to, any work associated with a building renovation and/or change of use of that building; any change needed to accommodate any increase in sewage flow. Minor repairs shall not be considered an alteration.

AMUSEMENT PARK — A commercially operated park with a predominance of outdoor games and activities for entertainment, including motorized rides, water slides, miniature golf, batting cages, and the like.

AMUSEMENT RIDE — Any mechanical device that carries, suspends, or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area, for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. The term shall also include any coin or token operated ride that is manually, mechanically or electrically operated and customarily placed in a public location with or without the supervision or services of an operator. Passengers of an amusement ride are persons of any age who are carried, suspended or conveyed while utilizing the ride device.

APPLICANT — An owner or authorized agent of the owner submitting an application or appealing an action of any official, board or agency. An authorized agent shall submit documentation of their authority to act for the owner.

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.

AQUACULTURE — Farming of designated water bodies wherein organisms such as finfish, algae or shellfish are grown under controlled conditions for harvesting.

AQUIFER — A geological formation that stores and transmits significant quantities of recoverable water; most often designated as a source of drinking water.

ASPHALT REFINING — The production of asphalt concrete, or asphalt concrete products, including the stockpiling of bulk materials used in the production process or of finished products manufactured.

ASSEMBLY HALL — A building which is available to the public, including but not limited to auditoriums, conference centers, churches, meeting rooms and halls.

RESERVED

AUTOMOTIVE SERVICE — The sale of motor vehicle fuel and related materials and services and/or general repair, rebuilding or reconditioning of motor vehicles.

BALCONY — An unenclosed area either recessed or projected from the walls of a building without support from the ground or floors below. Balconies are four feet or more above grade, are attached to and supported primarily by the exterior wall of the building, are accessible from the building's interior, and are open on one (1) or more sides except for a guard rail or parapet.

BILLBOARD — Any sign or advertisement device greater than 12 square feet in area. Any sign or advertising devices not related to use of lot.

BIOCHEMICAL OXYGEN DEMAND, FIVE DAY TEST (BOD5) — A five day test of wastewater strength that measures the dissolved oxygen used by microorganisms in the biochemical oxidation (breakdown) of organic matter.

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.

BUILD — To construct or reconstruct or excavate, fill, drain, or conduct physical operations of any kind in preparation for or in pursuance of construction or reconstruction or moving of a building or structure on a lot.

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

BUILDING ENVELOPE — The three-dimensional space within which a structure is permitted to be built on a lot and which is defined by regulations governing building setbacks, maximum height, and bulk; by other regulations; and/or any combination thereof.

BUILDING FOOTPRINT — The area within the perimeter of a building's foundation regardless of the number of usable floors, and all of the perimeter area encompassed by an upper story that extends beyond the foundation boundary by means of a cantilever. Building footprint shall include all porches, decks (ground level or elevated), stoops and ramps that are attached to the building. See Appendix I, Figures 1A, 1B and 1C. (The building footprint of all structures shall be measured when determining lot building coverage).

Note: Appendix I is included as an attachment to this chapter.

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 appurtenant features such as chimneys, spires, cupolas and flag poles. For any property or structure located a Special Flood Hazard Area, as shown on the official FEMA Flood Insurance Rate Maps, building height shall be measured from base flood elevation, and where freeboard is being utilized or proposed, such freeboard areas, not to exceed five feet, shall be excluded from the building height calculation.

BUILDING SEWER — The pipe which begins outside the building wall and extends to any place or mechanism of sewage disposal, including but not limited to, a cesspool, leaching chamber septic tank or pressure gravity sewer leading to a leaching chamber.

BUILDING VOLUME — The total volume of a building above finished grade, measured in cubic feet from the exterior limits thereof, but not including roof overhangs, decks and unenclosed porches. See Appendix I, Figure 2B.

CAPACITY OR LAND CAPACITY — The suitability of the land, as defined by geology, soil conditions, topography, and water resources, to support its development for uses such as residential, commercial, industrial, open space, or recreation. Land capacity may be modified by provision of facilities and services.

CAR WASH — The use of a site for washing and cleaning passenger vehicles, recreational vehicles, or other light duty equipment.

CESSPOOL — Any buried chamber including but not limited to any metal tank, perforated concrete vault or covered hollow or excavation, which receives discharges or sanitary sewage from a building sewer, for the purpose of collecting solids and/or discharging liquids to the surrounding soil.

CHANGE OF USE — Any change in use or occupancy of any structure or part thereof which would violate any provision of the RI State Building Code, RI General Laws, Chapter 23-27.3 as amended, and/or any regulation promulgated thereto, without first obtaining the approval of the Building Official (or their designee) or without the issuance of a certificate of occupancy indicating that the structure complies with the provisions of the state building code for the proposed new use.

CLUSTER DEVELOPMENT — See § 402, Flexible Design Residential Development.

COASTAL FEATURES — Those coastal features defined by G.L. 1956, § 46-23-1 et seq.

COASTAL RESOURCES MANAGEMENT COUNCIL — The Rhode Island Coastal Resources Management Council (CRMC) and its successors or assigns.

COMMERCIAL KENNEL — Any structure, which must be an accessory building, in which more than four dogs are kept, the use of which kennel is for monetary gain.

COMMERCIAL/RESIDENTIAL MIXED USE — The use of a building which is principally commercial for both commercial and residential purposes. See § 411, Commercial/Residential Mixed Use.

COMMERCIAL SHOOTING RANGE — An area or structure specially designed for the safe discharge and use of rifles or any similar firearm for the purpose of sport shooting or military/law enforcement training.

COMMERCIAL STABLES — The keeping of one or more horses to offer services such as riding lessons, trail rides or related activities for compensation.

COMMON OWNERSHIP — Either:

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:

COMPREHENSIVE PLAN — The current Town of New Shoreham Comprehensive Community Plan as adopted and as amended pursuant to Title 45 Chapter 22.2 of the General Laws of Rhode Island.

CONDOMINIUM — A form of ownership of common areas, residential, commercial or marine units, including time-share units, as provided by state statute.

CONVENTIONAL SEPTIC SYSTEM — An OWTS that includes a septic tank and a leach field and meets only the minimum RI code requirements for discharge of wastewater effluent into the soil. Effluent constituents prior to discharge to the soil are typically on the order of 300 mg/l BOD, 250 mg/l TSS, 63 mg/l TN and 10,000,000 fecal coliform/100 mls.

CORNICE — Any projection which crowns or finishes the part to which it is affixed.

CRITICAL RESOURCE AREA — Sensitive land and water resources that provide unique habitat and/or important ecological or economic function(s). For purposes of this Ordinance, such areas include the watersheds for Peckham, Sands, Fresh and Great Salt Ponds, all wellhead protection areas and all wetlands together with their associated buffers as stipulated in § 506 of the New Shoreham Zoning Ordinance.

CUPOLA — This definition of cupola is provided exclusively for the purposes of calculating building height. A small, traditional barn-style architectural feature, for venting or decorative purposes. No direct access from within the structure shall be allowed for habitation or other human use including to provide a lookout. The size of a cupola shall be proportionate to the size of the building and shall not exceed 15% of the length of the principal ridge line on which the cupola is placed or four feet above the maximum permitted building height.

DAY CARE — DAY CARE CENTER — Any other day care center which is not a "Family Day Care Home." For purposes of this Ordinance, a Day Care Center constitutes a business or professional service.

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 care giver, but may not contain more than a total of eight individuals receiving day care.

DAYS — Calendar days.

DECK — An outdoor roofless structure with a flat surface capable of supporting weight, elevated from the ground. A deck is either: 1) ground-supported and freestanding or attached to a building; or 2) located upon the roof of a building. The primary purpose of a deck is to provide an outside gathering place.

DENSITY, RESIDENTIAL — The number of dwelling units per developable land area that may be constructed on a given lot. The density is calculated by dividing the number of dwelling units by the total developable land area on the lot.

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT — The Rhode Island Department of Environmental Management (RIDEM) and its successors and assigns.

DEVELOPABLE LAND — For the purpose of calculating the maximum permitted development density for a parcel, is the total gross land area of a parcel proposed for development LESS the total of the following:

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 compliance with the stated purposes and standards of this Ordinance.

DIRECT LIGHT — Light emitted directly from the lamp, off of the reflector or reflector diffuser or through the refractor or diffuser lens of a luminaire. (See Appendix G included as an attachment to this chapter)

DISTRICT — See "Zoning Use District."

DISTURBED AREA — An area where the ground and/or its cover is altered or removed leaving the land subject to accelerated erosion; an area now or once used for earth removal; an area where excavations and other materials have been dumped.

DRAINAGE SYSTEM — A system for the removal of water from land by drains, grading, or other appropriate means. These techniques may include run-off controls to minimize erosion and sedimentation during and after construction or development, the means for preserving surface [waters] and groundwaters, and the prevention and/or alleviation of flooding.

DRAIN FIELD — Synonymous with leach field.

DRIVE-IN FACILITY — An accessory use which by design, physical facilities, service, or packaging procedures, allows customers to receive services or goods while remaining in or on their motor vehicles. This shall be construed to include drive-up, drive-through and similar such facilities.

DRIVE-THROUGH WINDOW — An opening in the wall of a building or structure designed and intended to be used to provide for sales to and/or service to patrons who remain in their vehicles.

DUMP/SANITARY LANDFILL — An area set aside for the permanent or temporary storage and/or treatment of waste materials derived from normal residential, business and related activities, but not including hazardous waste materials. This shall not be construed to limit the Town, as permitted by the State, to dispose of municipal waste.

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. See also, "Household."

EARTH REMOVAL — The extraction or removal of any soil or topsoil from any tract of land or water body, but excluding the processing of soil transported from off-site areas, and the manufacture of soil-related products such as pre-mixed concrete, bricks, block, and the like, and also excluding regarding or landscaping or normal construction and site work approved under this Zoning Ordinance.

EAVE — The lower edge of a sloping roof; that part of a roof of a building which projects beyond a wall.

ELDER CARE FACILITY — A facility licensed by the State of Rhode Island that provides in-house medical and living support services for persons 62 years of age or older.

ENHANCED ON-SITE WASTEWATER TREATMENT SYSTEMS — Systems which achieve the enhanced reduction of contaminants (nutrients, pathogens, BOD, TSS), as compared to conventional septic systems.

EQUIPMENT — Bulky nonvehicular items such as but not limited to tools, machinery, drums, large containers, and related parts.

EXISTING STRUCTURE — A structure lawfully existing as of March 4, 1989.

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 part of the extractive industry.

FACADE — The exterior wall surface of a building.

FAILED SEPTIC SYSTEM — Any septic system that does not adequately treat and dispose of sewage that consequently creates a public or private nuisance or threat to public health and/or environmental quality, as evidenced by, but not limited to, one or more of the following conditions:

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

FARMING — Cultivation of the soil for food products or other useful products of the apiary, field, orchard, vineyard, garden, nursery or greenhouse, breeding or keeping of animals or fowl, raising of livestock or dairying.

FIELD HOUSE — An indoor facility, with or without seating for spectators, and providing accommodations for a variety of individual, organized, or franchised sports, including but not limited to basketball, ice hockey, wrestling, soccer, tennis, volleyball, racquetball, or handball. Such facility may also provide other regular organized or franchised events, health and fitness club facilities, swimming pool, snack bar, restaurant, retail sales of related sports, health or fitness items, and other support facilities.

FLAGPOLE — A flagpole is an accessory structure which consists of two parts: the flag and the structure supporting the flag. Flagpoles are erected only for the purposes of flying a flag or banner representing a country, state or community, or organization, concept or other noncommercial content. In no case shall a flagpole which is an accessory structure consist of or serve the purposes of a sign, which displays lettering, logos and/or trademarks intended to convey a commercial message or advertise a good or service. Any structure containing such content shall be considered a sign and regulated under the provisions of § 504.

FIXTURE — The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror and/or a refractor or lens.

FLEXIBLE DESIGN RESIDENTIAL DEVELOPMENT — An alternative residential subdivision which makes use of flexible zoning and site sensitive design standards. See § 402.

FLOATING BUSINESS — A building constructed on a raft or hull that is represented as a place of business, including, but not limited to, waterborne hotels, restaurants, marinas or marina-related businesses.

FLOATING RESIDENCE — A watercraft that is not self-propelled and with a dwelling place on it for habitation by human beings and is attached either by land or floating free in the water or tied by some means to a fixed structure. A Floating Residence is not a Houseboat.

FLOOD OR FLOODING — A general and 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 or run off of surface waters from any source.

FLOOD OR SPOT LIGHT — Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.

FLOOD INSURANCE RATE MAP — The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the Town of New Shoreham, effective April 3, 1985, as amended.

FLOOD INSURANCE STUDY — The official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, and the water surface elevation of the base flood.

FLOODING, AREA OF SHALLOW FLOODING — A designated "AO Zone" or "VO Zone" on the Flood Insurance Rate Map. The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; velocity flow may be evident.

FLOODPLAINS OR FLOOD HAZARD AREA — An area that has a 1% or greater chance of inundation in any given year, as delineated by the Federal Emergency Management Agency, pursuant to the National Flood Insurance Act of 1968, as amended, and known as the Federal Emergency Management Agency or its successors.

FLOOR AREA, LIVING — The total floor area, measured in square feet from the exterior limits thereof, of that portion of a residential building which is used for habitation purposes, but excluding garage space, unfinished basements and exterior spaces such as porches and decks.

FREEBOARD — A factor of safety expressed in feet above base flood elevation of a flood hazard area for the purposes of floodplain management.

GALLEY LEACH FIELD — A type of leach field where the effluent from the septic tank is discharged to a prescribed number of perforated chamber(s) which are typically, although not necessarily, four feet x four feet x four feet and made of concrete. Galley leach field does not include flow diffusers, or infiltrating systems such as Elgen in-drains or the Infiltrator.

GAMBLING — To deal, operate, carry on, conduct, maintain, or expose for play any game, sports book, parimutuel, or any other form of wagering.

GAMBLING FACILITY — A building in which one or more gaming tables, wagering devices or machines, or other games of chance are present and available for persons to wager money or something of value on an uncertain outcome, with an unassured prospect of winning money or other stakes, prizes, or something of value, including by way of illustration, but not limitation: bingo, keno, raffles, video poker, roulette, parimutuels, blackjack and other card games; excluding those gambling or gaming establishments whose location and/or right to operate is preempted by state law and games of chance otherwise permitted as fundraising.

GAME ROOM — A public place, building or room where three or more gaming devices, machines, or apparatuses, including but not limited to pinball machines, computer gaming devices, electronic gaming devices, and video game machines, are kept for the use and entertainment of the public and where public use of the devices, machines, or apparatuses for a fee is the principal source of income.

GAMING DEVICE — A machine, apparatus, computer component or item or items of electronic equipment, connected to an electrical outlet by one cord, which upon the insertion of a coin, slug, token, plate, disc, or card may be operated by the public generally for use as a mechanical, electronic, video, or other game or amusement, whether or not it registers a score and whether or not the operation involves skill. Gaming device does not include amusement ride.

GLARE — Light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see and in extreme cases causing momentary blindness.

GOVERNMENTAL FACILITY — A facility which is open to the public and which is owned or leased by the municipality or state and operated under the direct supervision of the municipality or state, including but not limited to schools, libraries, offices, recreational areas, but not including a public works facility.

GRADE, AVERAGE — The average elevation of the grade as measured on at least four sides of a structure, whether natural grade or finished grade.

GRADE, FINISHED — The measurement of elevation on land that has been altered as a result of development. Finished grade is measured assuming the completion of all building site improvements as represented on final approved building plans.

GRADE, NATURAL — The measurement of elevation on land that is unaltered by human activity.

GROSS AREA — The total area of a building, measured in square feet from the exterior limits thereof, including all living areas, attic space, unfinished basements, crawl spaces, porches, decks, attached garages and any exterior space attached to the building, excluding uncovered patios.

GROUNDWATER — Groundwater and associated terms, as defined in Title 46 Chapter 13.1-3 of the Rhode Island General Laws of 1956 as amended.

HALFWAY HOUSES — A residential facility for adults or children who may have been institutionalized for criminal conduct and who require a group setting to facilitate the transition to a functional member of society.

Hawking And Peddling: Hawking means to sell or to offer for sale any goods, wares, or merchandise, including any food or beverage, on any public street, highway, or public right of way from a stationary location. Peddling means selling or offering for sale any goods, wares, or merchandise from a vehicle, cart, or any other conveyance that is not stationary. Notwithstanding the above, Hawking and Peddling do not include activities conducted by Mobile Food Establishments required to be registered pursuant to Title 5, Chapter 11.1 of the Rhode Island General Laws.

HEIGHT OF LUMINAIRE — The height of a luminaire shall be the vertical distance from the ground directly below the centerline of the luminaire to the lowest direct-light emitting part of the luminaire.

HISTORIC DISTRICT — One or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites, and which has been registered, or is deemed eligible to be included, on the State Register of Historic Places pursuant to Title 42 Chapter 45-5 of the Rhode Island General Laws of 1956 as amended.

HISTORIC OVERLAY DISTRICT — An overlay zoning district comprised of areas and structures of historic and/or architectural significance to the Island. (See § 317, Historic Overlay)

HISTORIC SITE — Any real property, man-made structure, natural object, or configuration or any portion or group of the foregoing which has been registered, or deemed eligible to be included, on the State Register of Historic Places pursuant to Title 42 Chapter 45-5 of the Rhode Island General Laws of 1956 as amended.

HOG RAISING — The nurturing, managing, breeding, pasturing, ranching, and sales of hogs.

HOME OCCUPATION — Any activity customarily carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit. See also, "Accessory Use."

HOME OWNERS' ASSOCIATION — An affiliation of contiguous home or lot owners, within a cluster development or other subdivision, formed for the express purposes of regulating and funding the care and maintenance of their common lands, buildings, access roads, utility systems and other facilities designated in the original agreement of ownership, as required therein by the Planning Board or otherwise stipulated or required.

HOTEL — A building or building complex containing 11 or more rooms or suites for rent. Each unit must have access from an inside lobby and be without individual cooking facilities. Meals for guests may or may not be provided.

HOUSEBOAT — A building constructed on a raft, barge, or hull that is used primarily for single or multiple family habitation; use for transportation or recreation is secondary. A Houseboat is not a Floating Residence.

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:

IMPERMEABLE — Soils, substrata or other material having a permeability equal to or slower than 40 minutes per inch. Impermeable surfaces also include such things as rooftops, paved driveways and tennis courts.

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 may be specified in this Ordinance.

INDIRECT LIGHT — Direct light that has been reflected or has scattered off of other surfaces.

(Reserved)

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

INN — A building or building complex containing three to 10 rooms or suites for rent. Each unit must have access from an inside lobby and be without individual cooking facilities. Meals for guests may or may not be provided.

(Reserved)

JUNKYARD — Any lot, or portion thereof, used for the storage or keeping of nonhazardous junk or scrap materials, or the dismantling or demolition of vehicles, machinery or parts thereof.

LABORATORY — A building or group of buildings in which are located facilities for research, investigation, testing, or experimentation.

LAMP — The component of a luminaire that produces the actual light.

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. (See § 402, Flexible Design Residential Development)

LEACHFIELD — A subsurface area from which septic tank effluent or waste containing little or no solids is leached into the soil. Leach field shall be synonymous with drain field.

LIGHT ASSEMBLY — A business with the equivalent of at least two full-time year-round employees and a dedicated work space of at least 1,000 square feet that involves the low intensity assembly or manufacture of a product or products in multiple quantities for the purposes of wholesale or retail sale. Such operations do not create noise, vibration, light, glare, smoke, dust, odor or traffic to an extent which would have a deleterious impact on surrounding property, and do not discharge any emission, pollution or hazardous material or waste into the air, ground or water. Light assembly may include one of the following categories:

LIGHT TRESPASS — The shining of light produced by a luminaire beyond the boundaries of the property on which it is located.

LIVESTOCK — Any animal customarily kept by humans for the purpose of providing food, clothing, or work, including but not limited to equine, bovine, ovine, caprine, porcine, fowl, and bees.

LOT, EITHER —

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

LOT BUILDING COVERAGE — That portion of the lot that is or may be covered by Buildings or Accessory Structures.

LOT COVERAGE — That percentage of the total lot area that is or may be covered by all structures and man-made surfaces, such as building footprints, patios, tennis courts, swimming pools and any other similarly altered surface, as well as roadways and parking areas that are constructed with an impervious surface.

LOT DEPTH — The distance measured from the front lot line to the ear 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. Any lot created after the enactment of this Ordinance shall have contiguous frontage which satisfies, at a minimum, the minimum lot frontage requirements of the zoning district.

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:

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 which is parallel to the front lot line at the minimum front setback line.

LOW OR MODERATE INCOME — Income not exceeding the low or moderate income standards for the Island set by the Farmer's Home Administration or as established by the Town Council and published in the Office of the Town Clerk.

LOW OR MODERATE INCOME HOUSING — Any housing subsidized by the federal, state or municipal government under any program to assist the construction or rehabilitation as low or moderate income housing, as defined in the applicable federal or state statute or this ordinance, whether built or operated by any public agency or nonprofit organization, or by any limited equity housing cooperative or any private developer, that will remain affordable for 99 years from initial occupancy through a land lease or deed restriction. See § 712 - Comprehensive Permits for Low and Moderate Income Housing.

LUMEN — A unit of luminous flux. One foot-candle is one lumen per square foot. For the purposes of this Ordinance the lumen output values shall be the initial lumen output ratings of a lamp. For purposes of example: 1800 lumens is approximately equivalent to 105 watts of incandescent light or 30 watts of fluorescent light; 900 lumens is approximately equivalent to 62 watts of incandescent light or 15 watts of fluorescent light.

LUMINAIRE — This is a complete lighting system and includes a lamp or lamps and a fixture.

MAJOR REPAIR (OF AN ISDS) — Any work performed on an ISDS, excluding minor repairs, in order to repair or replace a failed system.

MARINA — Any dock, pier, wharf, float, or combination of such facilities that service five or more boats. A marina shall be considered a commercial enterprise and may be in association with a club and located on or adjacent to navigable waters and may include related services such as restaurants, sail makers and chandleries, but not residential facilities.

MARSH — An area of any size over 1000 square feet and having the characteristics set forth as defining marshes in the wetlands regulations of the Department of Environmental Management.

MEAN SEA LEVEL — Arithmetic mean of observed water elevations over a Metonic Cycle in relationship to the National Geodetic Vertical Datum of 1929. [Reference: Tides and Tidal Datum. D.L. Harris Coastal Engineering Research Center, U.S. Army Corps of Engineers Special Report-7 (Feb. 1981) p. 103.]

MEDICAL FACILITY — A facility licensed by the State of Rhode Island and available to island residents and visitors for primary health services and medical and emergency care, as well as occupational and physical therapy, drug and alcohol treatment and counseling services, and consisting of all space, equipment and facilities necessary for examination, diagnosis and treatment.

MINOR REPAIR (of a septic system) — Any work performed on a septic system involving the repair, replacement or upgrade of the building sewer, septic tank or distribution box and/or the installation of inspection ports and/or effluent filters on septic tanks.

MIXED USE — A mixture of land uses within a single development, building or tract.

Mobile Food Establishment: A food service operation that is operated from a movable motor driven or propelled vehicle, portable structure, or watercraft that can change location. It specifically includes, but is not limited to, food trucks, food carts, ice-cream trucks/carts, and lemonade trucks/carts.

MOBILE HOME — A structure designed as a dwelling unit for residential purposes, capable of being moved on its own wheels and fixed to a permanent foundation.

MODERATE INCOME — See "Low or Moderate Income."

MODERATE PRICE — A moderate sale price for a dwelling unit as established for the Island by the Farmer's Home Administration, or as established by the Town Council and published in the Office of the Town Clerk.

MODERATE RENT — Rent which is a specified percentage below the market rate, as established for the Island by a state or federal department or agency, or as established by the Town Council and published in the Office of the Town Clerk.

MODIFICATION — Permission granted and administered by the Zoning Official, pursuant to the provisions of § 705 of this Ordinance, to allow a Dimensional Variance, of up to 25%, from each of the applicable dimensional requirements of the Zoning Ordinance, as specified in that Section.

MOTEL — A building or building complex containing rooms or suites for rent, which is not an inn or hotel, where not all units have access from an inside lobby. No unit may have cooking facilities.

MOTOR VEHICLE — Any motor-operated vehicle licensed for use on the public highways, including motorcycle, motorized bicycle and motorized tricycle.

MULTI-FAMILY DEVELOPMENT — A land use wherein two or more dwelling units are located on a single lot. This does not include Accessory Dwelling Units. See also "Secondary Dwelling Development." (See § 403, Secondary Dwelling Development)

MUNICIPAL GOVERNMENT SUBSIDY — Assistance that is made available through a Town program to make housing affordable, as defined by the Rhode Island Low and Moderate Income Housing Act; such assistance may include, 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, and any combination of forms of assistance.

NEW STRUCTURE — Structure for which the start of construction, reconstruction, rehabilitation or any other such work for which a Building Permit is required commenced on or after the effective date of this Zoning Ordinance.

NON-CONFORMANCE — A building, structure, or parcel of land, or use thereof, lawfully existing at the time of the adoption or amendment of this Ordinance and not in conformity with such provisions of the Ordinance or amendment. Non-conformance shall consist of only two types:

OPEN SPACE — Land, primarily undeveloped, which may be public, semi-public or private, the purpose of which is to provide for the conservation of land and other natural resources and to provide park, recreational, historic and scenic areas.

OUTDOOR LIGHTING — The nighttime illumination of an outside area or object by any man-made device located outdoors that produces light by any means.

OVERLAY DISTRICT — A district established in this Ordinance that is superimposed on one (1) or more districts or parts of districts that imposes specified requirements in addition to, but not less than, those otherwise applicable for the underlying zone.

OWNER — Any person who alone, jointly, or severally with others has a legal title to any premises.

OWTS — Onsite wastewater treatment system. See Section 506, Onsite Wastewater Treatment Systems.

OWTS TREATMENT LEVEL 1 — A level of on-site wastewater treatment, greater than that provided by a conventional septic system, and as described in Section 506, paragraph E(1)(a) of the New Shoreham Zoning Ordinance. (Amended November 21, 1998)

OWTS TREATMENT LEVEL 2 — A level of on-site wastewater treatment, greater than "OWTS Treatment Level 1," and as described in Section 506, paragraph E(1)(b) of the New Shoreham Zoning Ordinance. (Amended November 21, 1998)

PARKING AREA OR LOT — All that portion of a development that is used by vehicles, the total area used for vehicular access, circulation, parking, loading and unloading.

PENAL INSTITUTION — Publicly or privately operated facility housing persons awaiting trial or persons serving a sentence after being found guilty of a criminal offense.

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 land use permitted as of right so long as dimensional standards and appropriate overlay district regulations are met.

PERSON — The term person shall include any individual, group of individuals, firm, corporation, association, partnership or private entity, including a district, city, town or other government unit or agent thereof, and in the case of a corporation, any individual having active and general supervision of the properties of such corporation.

PETROLEUM REFINING — Oil-related industrial activities involving the processing or manufacture of substances such as: asphalt and tar paving mixtures; asphalt and other saturated felts (including shingles); fuels; lubricating oils and greases; paving blocks made of asphalt, creosoted wood, and other compositions of asphalt and tar with other materials; and roofing cements and coatings.

PLANE, BUILDING — That portion of a building facade aligned in the same general plane. A building angle of 45° or greater with a minimum distance of 16 feet from the building facade (measured at a right angle from the building facade) shall be considered an interruption of the building plane. See Appendix I, Figures 3A and 3B and Figures 5A and 5B.

PLANE, WALL — That portion of a building plane of consistent height and roof style. A perpendicular recess of at least six feet in depth shall be considered an interruption of the wall plane. See Appendix I, Figure 3C and Figures 4A, 4B and 4C.

PLANNED DEVELOPMENT — A "Land Development Project," as regulated by this Ordinance, and developed according to plan as a single entity and containing one or more structures and/or uses with appurtenant common areas. See also "Flexible Design Residential Development."

POND — An area of any size over 1000 square feet where open standing water is present at least six months of the year.

PORCH — An unheated roofed or covered structure, used for ingress and egress and additional floor space, that is separated from heated areas of the building by an exterior wall.

POWER GENERATOR — A machine which burns fuel to convert mechanical energy into electrical energy. (Generators with a capacity over 20 kW for private use require a special use permit under § 426).

PRE-APPLICATION CONFERENCE — A review meeting of a proposed development held between applicants and the Planning Board and/or staff, as provided in this Ordinance, before formal submission of an application for a permit or for development approval. This provides developers the opportunity to present their proposals informally and to receive comments and directions from the Town. (See § 702F, General Procedures, Pre-Application]

PROFESSIONAL AND BUSINESS SERVICES — Activities including, but not limited to banking and associated services, financial services, real estate, management, tax consulting, engineering, accounting, photography, art gallery and/or school, medical services, legal services, and physical fitness activities led by an instructor including, but not limited to, physical fitness classes and yoga classes. The term Professional and Business Services shall not include drive-up facilities.

PUBLIC SHORELINE ACCESS WAY (RIGHT-OF-WAY) TO WATER — An unobstructed path or corridor from a public thoroughfare or facility leading to or along shoreline areas below the mean high water mark.

PUBLIC WORKS FACILITY — A facility owned or leased and operated under the direct supervision of the municipality or state, the purpose of which is to store and/or service equipment and materials associated with the repair and maintenance of governmental facilities, roadways, or other areas of governmental responsibility.

RACEWAY — A measured course where animals or machines are entered in competition against one another or against time, including tracks used only in the training of animals.

RECREATIONAL FACILITY — A facility for sport or passive enjoyment by the public whether owned, operated and maintained by a government entity or privately.

RELIGIOUS FACILITY — A facility used primarily for worship and related activities.

RENTAL — Real estate leased or otherwise made accessible and useful to designated renters for a stipulated period of time for compensation.

RENTAL ROOMS — Bedrooms within an owner-occupied dwelling unit, which may be rented upon receiving prior approval from the Town. (See § 509, Rental Rooms).

RESIDENCE — An abode, home, habitation or place of dwelling.

RESTAURANT — A facility for the preparation and serving of food and beverages.

RETAIL TRADE — Any business engaged primarily in the sale, rental or lease of goods and/or services individually or in small quantities to the ultimate consumer for direct consumption and/or use, and not for resale. The term Retail Trade shall not include automotive rental or services, drive-up facilities or any type of restaurant, or any uses prohibited by § 111, General Prohibitions.

RHODE ISLAND GENERAL LAWS (RIGL) — The General Laws of the State of Rhode Island, 1956, as amended.

SECONDARY DWELLING DEVELOPMENT — A land use wherein two unattached dwelling units are located on a single lot according to the procedures and standards contained in § 403.

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.

(Reserved)

SETBACK, FRONT — An open unoccupied space on the same lot with the structure extending the full width of the lot and situated between the street line and the front line of the structure projected to the side lines of the lot.

SETBACK, REAR — An open unoccupied space on the same lot with the structure extending the full width of the lot and situated between the rear line of the lot and the nearest line of the structure on the lot.

SETBACK, SIDE — An open unoccupied space between the side line of the lot and the nearest line of the structure and extending from the front yard to the rear yard, or in the absence of either of such yards, to the streets or rear lot lines as the case may be.

SEWER, PUBLIC — A municipally owned and operated sewer system. Presently the system that services the area from around Old Harbor to New Harbor and which is serviced by the sewer plant off Spring Street.

SHALLOW DRAIN FIELD — Any ISDS that discharges effluent, to a pressure-dosed, shallow, narrow drain field, generally by means of a pump.

SHIPPING CONTAINER — A box or box like repository, with or without a roof or a chassis and/or wheels underneath, designed primarily for shipping or hauling materials, but which is also suitable for storage of materials. Examples include, but are not limited to, intermodal freight containers, site boxes, pods, and roll-off dumpsters.

SIGN — Any display of lettering, logos, colors, lights, trade flags or illuminated sign device including neon tubes visible to the public from the outside of a building or from a traveled way which either conveys a message to the public, or intends to advertise, direct, announce or draw attention to, directly or indirectly, a use conducted, goods, products, services or facilities available, either on the lot or any other premises; excluding window display merchandise which shows no advertising, and excluding properly existing pavement markings or directional arrows painted on the ground and which show no advertising. (See § 504, Signs) This definition shall be construed in conjunction with other applicable definitions.

SITE PLAN — The development plan for one or more lots on which is shown the existing and/or the proposed conditions of the lot. (See "Land Development Project" and § 703, Procedures for Special Use Permit)

SOIL — Any earth, sand, clay, loam, gravel, humus, rock, mineral or other earth product irrespective of the presence therein of organic matter.

SOLID WASTE TRANSFER FACILITY — A facility owned by and operated under the direct supervision of the municipality for the temporary storage and sorting of solid waste and recyclable material prior to its removal and disposal.

SPECIAL USE — A regulated use which is permitted pursuant to the Special Use Permit issued by the Zoning Board of Review, pursuant to § 704 of this Ordinance.

START OF CONSTRUCTION — The placement of permanent construction of the principal structure on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, the installation of streets and/or walkways, excavation or the erection of temporary forms for basements, footings, piers or foundations. For a principal structure without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its pilings or foundation.

STREET — A public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles. Streets are classified by hierarchy according to function (see "Street Classification" as defined in the New Shoreham Land Development and Subdivision Regulations), and may be one of the following:

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, including but not limited to porches, patios, stairs, decks and flagpoles.

SUBDIVISION — See: Land Development and Subdivision Regulations of the Town of New Shoreham (appendix D to these Revised Ordinances, included as an attachment to this chapter).

SUBSTANDARD LOT OF RECORD — Any lot lawfully existing at the time of adoption or amendment of this Ordinance and not in conformance with the dimensional and/or area provisions of this Ordinance.

SWAMP — An area of any size over 1,000 square feet and having the characteristics set forth as defining swamps in the wetlands regulations of the Department of Environmental Management.

TABLE GAME — A game played on a horizontal surface, including but not limited to a billiard table, a bagatelle table, a pool table, or a scippio table, that is available for the use and entertainment of the public.

TEMPORARY OUTDOOR LIGHTING — The specific illumination of an outside area or object by any man-made device located outdoors that produces light by any means for a period of less than seven days with at least 180 days passing before being used again.

TENT — Any temporary structure, enclosure, or shelter constructed of fabric or pliable material supported by any manner except by air, secured, anchored or attached to the ground. Tents can include, but are not limited to, pop-up tents/structures. Tents do not include awnings, personal use umbrellas or canopies, or such similar temporary or permanent structures, which provide shelter constructed of fabric or pliable material, which is supported by an existing structure, if they are otherwise lawfully permissible by the terms of this Ordinance.

THEATER — A place of assembly having facilities for an audience and for a stage, screen, platform, or other area to be used for lectures, performances or other presentations attended by an audience.

TIME-SHARE — A form of ownership wherein two or more parties own a unit (usually a condominium unit), each for a stipulated period of time each year.

TIPPING DISTRIBUTION BOX — A type of distribution box where the effluent from the septic tank flows into a tipping pan, which when full, empties into the leach field lines, thereby facilitating a more uniform distribution of effluent over the entire leach field.

TOTAL SUSPENDED SOLIDS (TSS) — Solids physically suspended in wastewater.

TOUR BUSINESS — A business enterprise or establishment that engages in, offers, provides or conducts, public or private, in-person guided tours either for walking, or utilizing a bicycle (including motorized bicycle), kayak, or by other means, equipment, or vehicle, but not mopeds or other electronic or motorized vehicles or apparatus, including but not limited to skateboards, or scooters.

TOXIC OR HAZARDOUS MATERIALS — Any substance or mixture of physical, chemical or infectious characteristics as to pose a significant, actual or potential hazard to water supplies, or other hazard to human health, if such substance or mixture were discharges to land, air, or waters of the Town. Toxic or hazardous materials include, without limitation, organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, herbicides, solvents and thinners.

TRAILER — Any vehicle or device of any kind whatsoever, manufactured, designed, marketed or used to be attached to or drawn by a motor vehicle, trailers may be powered or unpowered and are designed to transport or store goods or materials.

TRANSPORTATION FACILITY — A facility providing public transport by land, air, or water and including the buildings, parking, service, loading and unloading areas, wharfs and docks associated with such transport.

UPLIGHTING — Any light source that distributes illumination above a 90° horizontal plane.

UNDERGROUND STORAGE — Any one of a combination of tanks, including underground pipes connected thereto, which is used to contain an accumulation of regulated substances where the volume of which (including the volume of the tank and any associated underground pipes connected thereto) is equal to or greater than 10 percent of the tank and/or container beneath the surface of the ground.

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.

UTILITY FACILITY — A facility, whether publicly or privately owned, which provides direct or indirect utility service to the public, including but not limited to, water works, sewage and water pumping stations and treatment facilities, telephone electronic equipment structures, electric power sub-stations and transformer stations and mobile radio service equipment and antennae. Local utility transmission lines are excluded from this definition as are radio broadcast stations, television broadcast stations and related antennae and other transmission facilities, and telecommunications towers.

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 this Ordinance. There shall be only two categories of variance, a use variance or a dimensional variance.

VENDING MACHINE — Any unattended self-service device that, upon insertion of a coin, coins, or token, or by similar means, dispenses anything of value including food, beverage, goods, wares, merchandise, or services.

WAREHOUSE AND STORAGE FACILITY — A land area where goods or materials are stored in a warehouse facility and/or in specific outdoor areas.

WATER SUPPLY PROTECTION PROGRAM (WSPP) — An Island-wide program of various zoning and subdivision regulations, ordinances, educational programs and management practices that are, at a minimum, designed to preserve the existing quality of Block Island's ground and surface water reservoirs.

WATER TABLE — The upper surface of the water-saturated zone of the soil.

WATERFRONT USES — Uses adjacent to coastal waters as permitted and regulated by the Rhode Island Coastal Resource Management Council (CRMC).

WELLHEAD PROTECTION AREA (WHPA) — The critical portion of a three dimensional zone surrounding a public well or well field, through which water will move towards and reach such well or well field as designated by the Director of the DEM or as adopted by the Town.

WETLAND, COASTAL — A salt marsh bordering on the tidal waters of this state and contiguous uplands extending no more than 50 yards inland therefrom, or as defined by under the General Laws of Rhode Island as amended.

WETLAND, FRESHWATER — A marsh, swamp, bog, pond, river, river or stream floodplain or bank, area subject to flooding or storm flowage; emergent or submergent plant community in any body of fresh water; or area within 50 feet of the edge of a bog, marsh, swamp, or pond, or as defined by Title 2 Chapter 1-20 of RIGL.

WIND ENERGY CONVERSION SYSTEM (WECS) — Mechanisms and related facilities designed or operated for the purpose of converting wind energy to electrical and/or mechanical power. (See § 508, Wind Energy Conversion System)

WECS, UTILITY — A wind turbine installed for the purpose of providing an additional power source for municipal or general public use, and which is part of the electrical power production and distribution system for New Shoreham, or in the event of a cable connection to the mainland, integrated into the publicly regulated electric grid system.

ZONING — The reservation of certain specified areas within the Town of New Shoreham for building and structures, or use of land, for certain purposes, with other limitations such as height, lot coverage, and other stipulated requirements.

ZONING CERTIFICATE — A document signed by the Zoning Official, as required in this Ordinance, which acknowledges that a use, or structure, building or lot either complies with or is legally non-conforming to the provisions of this New Shoreham 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 Town.

ZONING USE DISTRICTS — The basic unit of zoning, either mapped or unmapped, to which a uniform set of regulations applies, or a uniform set of regulations for a specified use applies.

("Mean Grade" deleted, amended May 21, 2008)

("Stable" deleted March 2, 2009)

("Retail/Residential Mixed Use" deleted July 6, 2009)