For the purpose of this zoning code, certain words and terms shall have the meanings listed below. Doubts as to the precise meaning of other words and terms shall be determined by the zoning board of review with reference to the General Laws and Webster's Third New International Dictionary, respectively.

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

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

"Accessory family dwelling unit" means a 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" means a use of land or of a building, or portion thereof, customarily incidental and subordinate to the principal use of the land or building. An accessory use shall be restricted to the same lot as the principal use, and shall not be permitted without such principal use.

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

"Advanced manufacturing" is the use of best practices, low or zero-pollution technology to improve products or processes, often integrating new technologies in both products and processes.

"Affiliate" means, with respect to a specific owner: (a) such owner's parents or parents-in-law (blood or adoptive), spouse, children or grandchildren (blood or adoptive) or any blood relative residing with such owner; (b) a trustee of a trust for the benefit of such owner or of any person identified in the immediately preceding clause; or (c) a corporation, partnership, firm, business or entity of which the majority of the voting interest is owned by such owner or any person identified in clause (a) and (b) above; or (d) a person who is an officer, director, stockholder (fifteen (15) percent or more), trustee, employee, or partner of any entity or person referred to in clauses (a), (b) and (c) above.

"Aggrieved party" means:

1.

Any person or persons or entity or entities who can demonstrate that their property will be injured by a decision of either the zoning officer or the planning board or the zoning board of review or any official of the city involved in the enforcement of this zoning code; or

2.

Anyone requiring notice pursuant to this zoning code.

"Agricultural land" means 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.

"Applicant" means an owner or authorized agent of the owner submitting an application or appealing an action of the zoning officer, planning board or the zoning board of review or any official of the city involved in the enforcement of this zoning code.

"Application" means the completed form or forms and all accompanying documents, exhibits, and fees required of an applicant by the applicable department, board or commission of the city for review, approval, or permitting purposes.

"Arcade" means any premises where the principal use is maintaining coin-operated machines for the general public and is defined as a game room subject to Section 5-2-10 of the General Laws of the State of Rhode Island, as amended.

"Blue economy" is the sustainable use of ocean resources for economic growth, improved livelihoods, and jobs, while preserving the health of the ocean ecosystem.

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

"Building" means any structure used or intended for supporting or sheltering any use or occupancy. Not all structures are buildings.

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

"Building height" For a vacant parcel of land, building height shall be measured from the average, existing-grade elevation where the foundation of the structure is proposed. For an existing structure, building height shall be measured from average grade taken from the outermost four corners of the existing foundation. In all cases, building height shall be measured to the top of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, chimneys, flag poles, and the like. For any property or structure located in a special flood hazard area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the Rhode Island coastal resources management council (CRMC) suggested design elevation three foot sea level rise (CRMC SDE 3 SLR) map as being inundated during a one hundred (100) year storm, the greater of the following amounts, expressed in feet, shall be excluded from the building height calculation;

1.

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

2.

The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a one hundred (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 line" means a line parallel to the street line at a distance equal to the required setback or a greater distance.

"Carry out restaurant." See "restaurants."

"Casino type gambling" means the operation or conducting of any games played with cards, roulette wheels, dice, slot machines, video lottery terminals, mechanical, electro-mechanical or electronic amusement devices or machines for money, property, checks, credit or any representative of value including, without limiting the generality of the foregoing, baccarat, faro, monte, poker, keno, black jack, bingo, fan-tan, twenty-one, seven-and-a-half, big injun, klondike, chuck-a-luck, wheel of fortune, chemin de fer, pai gow, beat the banker, and panguingui and similar games of chance for the return of money, cash or prizes or anything that could be redeemed for money, cash or prizes. This definition does not apply to any such games of chance operated by charitable organizations licensed under Rhode Island General Laws Title 11, Chapter 19 as amended.

"Cellar" is a story of a building that has at least four feet of its story below abutting principal streets.

"Clubs for outdoor recreation" means an incorporated or unincorporated association for active recreational activities operated for the benefit of its members and not open to the general public. Active recreation activities include but are not limited to tennis, swimming, boating, golf, and shuffleboard.

"Cluster" means a site planning technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and/or preservation of environmentally, historically, culturally, or other sensitive features and/or structures. The techniques used are but not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the resultant open land being devoted by deed restrictions for one or more uses. Under cluster development there is no increase in the number of lots that would be permitted under conventional development except where zoning code provisions include incentive bonuses for certain types or conditions of development.

"Combined use lot" means for purposes of Chapter 17-76 titled "Signs," a combined use lot shall be, either a parcel of land or no more than three contiguous lots under common ownership, containing no less than seven hundred fifty thousand (750,000) square feet of land and located in the commercial-industrial district.

"Commercial indoor recreation" means a recreational activity, excluding arcades, which may be viewed or participated in by patrons, for which an entry or user fee is charged, and which takes place inside a building.

"Commercial outdoor recreation" means a recreational activity, excluding arcades, which may be viewed or participated in by patrons, for which an entry or user fee is charged, and which takes place out of doors or in temporary structures, such as pavilions or tents.

"Commercial parking lot" means a parcel of land or portion thereof used for the parking or storage of motor vehicles as a commercial enterprise for which any compensation is charged independently of any other use of the premises.

"Commercial scale energy system" means a wind energy system (also known as a turbine) consisting of blades, wind generator, tower and associated control or conversion equipment, having a rated capacity of greater than ten kilowatts and not exceeding one hundred (100) kilowatts for onsite consumption (not precluding net metering).

"Common ownership" means either:

1.

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

2.

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

"Community benefit agreement" is a planning board condition of approval in the form of a binding written agreement negotiated between the city solicitor and an applicant and approved by the city council. The city solicitor shall engage the community benefits committee in accordance with the North End Urban Plan to determine the extent to which any proposal does in fact create a benefit that meets the needs of the community with the consequences of the impact defining the need. The agreement shall provide in detail the benefits that the applicant will provide to the community as a condition of approval of its development application as well as a projected timetable when such benefits will be provided.

"Community impact report" is a detailed, written report that evaluates the costs and benefits to the city, to the local community, which is defined as the comprehensive plan designated neighborhood, and to the neighbors within the notice area of a proposed project. The report's components include, but are not limited to, fiscal impacts on the city, as well as the impacts of the proposed development on employment, housing affordability, neighborhood needs and services, property taxation, property values, noise, odors, compatibility of uses, lighting and dark skies, environmental sustainability and resilience, connectivity, accessibility, and safety of mobility options.

"Community residence" means a home or residential facility where children and/or adults reside in a family setting and may or may not receive supervised care. This does not include halfway houses or substance-use-disorder-treatment facilities. The does include, but is not limited to, the following:

1.

Whenever six or fewer children or adults with intellectual and/or developmental disability reside in any type of residence in the community, as licensed by the state pursuant to R.I.G.L, Chapter 24 of Title 40.1. All requirements pertaining to this zoning code are waived for these community residences;

2.

A group home providing care or supervision, or both, to not more than eight persons with disabilities, and licensed by the state pursuant to R.I.G.L. Chapter 24 of Title 40.1;

3.

A residence for children providing care or supervision, or both, to not more than eight children including those of the care giver, and licensed by the state pursuant to R.I.G.L. Chapter 72.1 of Title 42;

4.

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

"Comprehensive plan" means the comprehensive land use plan prepared by the Newport planning board with technical assistance from the Newport planning department as adopted by the city council and to which all zoning provisions adopted shall be in compliance.

"Conservation land" means any parcel or area of undeveloped land conserved in its natural state for perpetuity through deeds or other legal means.

"Convalescent homes and rest homes" is housing consisting of state-licensed nursing homes and state-licensed assisted living facilities providing housing and services primarily to the elderly. Such facilities shall contain common use areas, which may include common dining and recreation areas. Expansion of such facilities which existed prior to July 1, 1971, is permitted by right on the same property or adjacent parcels under common ownership at the time of passage of the ordinance codified in this section.

"Co-working space" is a facility where people assemble in a neutral space to work independently on different projects, or in groups on the same projects. Unlike a typical office, people in a coworking space generally are not working for the same company.

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

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

"Day care center" means day care for five or more unrelated persons at the same time in a nonresidential structure, or for more than twelve (12) unrelated persons at the same time in a residential structure other than the provider's.

"Demolition" means the razing or removal of greater than fifty (50) percent of the gross area of a structure (including structural floor and roof decking as well as exterior skin and framing). This definition is applicable to all principal structures outside of any local historic district. Gross area comprises the aggregate of wall surface areas, floor surface areas and roof surface areas. Hazardous materials, window assemblies, and non-structural roofing materials are excluded from the calculation of gross area.

Density, Residential. "Residential density" means the number of dwelling units per lot.

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

"Development plan review" means design or site plan review of a development of a permitted use. See Chapter 17.88, Development plan review.

"Dormitory" means a structure used for housing for persons generally unrelated to each other by blood or marriage, containing not more than one kitchen or dining facility and affiliated with a school, college or university by contract or otherwise.

"Drainage system" means a system for the removal of water from land by drains, grading, or other appropriate means. These techniques may include runoff controls to minimize erosion and sedimentation during and after construction or development, the means for preserving surface and groundwaters, and the prevention and/or alleviation of flooding.

"Drive-in restaurant." See "restaurants."

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

"Established grade." For the purposes of building height, established grade is calculated as the mean of the highest and lowest points within the building envelope (as defined within the zoning code), upon the natural topography on site prior to any development, filling grading, or other land disturbance. Established grade is calculated through examination of topographical maps reposited with the city engineer. Final determination of established grade is made by the city building official.

"Established museum parking" means parking incidental to a museum use, including the parking of cars and/or buses, motor coaches, and other motor vehicles, on lots used in whole or in part for the parking of any motor vehicles incidental to that museum use as of November 9, 1994.

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

"Family" means a person or persons related by blood or marriage, or other legal means.

"Fast food restaurant." See "restaurants."

"Floodplains" or "flood hazard area" means an area that has a one percent or greater chance of inundation in any given year, as delineated by the federal emergency agency pursuant to the National Flood Insurance Act of 1968, as amended (P.L. 90-448) [42 U.S.C. 4011 et seq.].

"Governmental employee parking lots" means a parcel of land or portion thereof the principal use of which is parking personal motor vehicles of employees of any agency of government.

"Green economy" is defined as low carbon, resource efficient and socially inclusive. In a green economy, growth in employment and income are driven by public and private investment into such economic activities, infrastructure and assets that allow reduced carbon emissions and pollution, enhanced energy and resource efficiency, and prevention of the loss of biodiversity and ecosystem services.

"Gross square footage" means the floor space area contained by the outer perimeters of a building.

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

"Guest facilities" means establishments for renting rooms or dwelling units as follows:

1.

Guest House. A building in which one or more dwelling units or rooms for sleeping are rented for lodging accommodations for periods of twenty nine (29) consecutive days or less with or without the furnishing of meals and with the owner or a manager who is in charge and manages such rentals residing on the guest house property. In those districts where guest houses are permitted by right, the requirement for the owner or manager to reside on the guest house property shall not apply. No more than a total of five rooms for sleeping, with no more than two guests allowed per room shall be allowed to be rented irrespective of the number of dwelling units or rooms for sleeping that are contained in the building. Only one building on a lot or parcel of land shall be allowed a guest house use.

2.

Historic Guest House. A building the sole principal use of which is the rental of no more than eighteen (18) rooms rented on a daily, weekly, or monthly basis, with or without the providing of meals and which: (a) is listed on the National Register of Historic Places; and (b) is in a building which is subject to the jurisdiction of the Newport historic district commission pursuant to Chapter 17.80 of this zoning code; and (c) does not contain any other uses, accessory or otherwise, without being granted by a special use permit;

3.

Transient Guest Facilities. Buildings with rooms or units offered to the public for occupancy as lodging accommodations on a day-to-day, or week-to-week basis and dependent on external facilities to the room or unit for the furnishing of meals, including, but not limited to, hotels, motels, inns and time-share properties and units;

4.

Vacation guest facilities means facilities of ten or more units with kitchens, designed primarily for occupancy on a day-to-day or week-to-week basis and for not more than thirty-one (31) consecutive days by any one guest or guest family, including time-share properties and time-share units as defined by Rhode Island General Laws Section 34-41.

"Guest House." See "guest facilities."

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

"Historic district" means one or more historic properties or sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or properties, and has been registered, or is deemed eligible to be included, on the National Register of Historic Places, or which is within the historic district zoning map as defined in Section 17.80.030 of this zoning code.

"Historic guest house." See "guest facilities."

"Historic site" means any real property, man-made structure, natural object, or configuration or any portion or group of the foregoing which has been registered, or is deemed eligible to be included, on the National Register of Historic Places.

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

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

1.

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

2.

A person or group of unrelated persons living together. The maximum number may be set by local ordinance, but this maximum shall not be less than one person per bedroom and shall not exceed five unrelated persons per dwelling. The maximum number shall not apply to NARR-certified recovery residences.

"Incentive zoning" means the process whereby a developer may be granted additional development capacity in exchange for the developer's provision of a public benefit or amenity as may be specified in this zoning code.

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

"Kitchen" means an area within a housekeeping unit which contains a cooking facility. A cooking facility can be a stove, oven, microwave oven, toaster oven, hot plate, or other similar appliance.

"Land development project" means a project in which one or more lots, tracts, or parcels of land are developed or redeveloped as a coordinated site for one or more uses, units, or structures, including, but not limited to, planned development or cluster development for residential, commercial, institutional, recreational, open space, or mixed uses as provided for in this zoning code.

"Live-work dwelling" is a single unit consisting of both a commercial/office and a residential unit that is occupied by the same person.

"Lot" means either:

1.

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

2.

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

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

"Lot building coverage" means that portion of the lot that is or may be covered by buildings and accessory buildings. For purposes of determining lot coverage, roof eaves up to thirty-six (36) inches, driveways, above- and below-grade patios, as reflected in Table in 17.78.020, open-air trellises, fences and stone walls, landscaped features, stairs less than thirty-two (32) inches above grade, condensers, generators, and propane tanks shall not constitute a building.

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

"Lot frontage" means that portion of a lot abutting a street.

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

1.

Front. The lot line separating a lot from a street right-of-way or lot line nearest the street;

2.

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

3.

Side. Any lot line other than a front or rear lot line.

Lot, Through. "Through lot" means a lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.

"Lot width" means the horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum front setback line.

"Major recreational event" means an event sponsored by a recognized national or international sporting organization which is intended to draw a total of more than five thousand (5,000) spectators and the duration of which shall not exceed fourteen (14) days.

"Maker-space" is a facility focused on technology and small-scale manufacturing opportunities, such as making furniture, clothing, watches, jewelry or bicycles, but also including uses such as a catering facility, coffee roasting, glass blowing, metal/art fabrication, welding, small machine shop, wholesale bakery or a pottery making facility. This is distinct from the maker and makertech character subdistricts.

"Marijuana retail facility" means any facility that dispenses or sells marijuana, including, but not limited to, retail stores, compassion centers and emporiums/vape lounges.

"Marina" means a waterfront facility containing docks and/or slips and/or piers at which boats are berthed, and/or a basin for mooring boats. Such facilities may provide utilities and offer supplies, and perform minor repairs.

"Maritime museum" means a museum, as defined herein, which specializes in display of collections, objects of interest, and works of art relating to traditional maritime activities, including fishing, yachting, transport, defense, surveillance, and rescue. Maritime museums are a separate and distinct use, which are permitted only in the traditional maritime and waterfront business districts.

"Meteorological tower" means the tower, base plate, anchors, guy wires and hardware, anemometers (wind speed indicators), wind direction vanes, booms and equipment, data loggers, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a fixed period of time, providing instantaneous wind information or to characterize wind resources at a fixed location.

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

"Mobile home." See "moveable dwellings."

"Modification." Permission granted and administered by the zoning officer of the city, and pursuant to the provisions of this chapter to grant a dimensional variance other than lot area requirements from the zoning ordinance, not to exceed fifteen (15) percent of each of the applicable dimensional requirements.

"Motorized camper." See "moveable dwellings."

"Moveable dwellings" means:

1.

Mobile Home. A moveable or portable dwelling built on a chassis, connected to utilities, and designed without a permanent foundation for year-round living.

2.

Motorized Camper. A dwelling designed and constructed as an integral part of a self-propelled vehicle to be used as a temporary dwelling for travel, camping, recreational and vacation use.

3.

Pick-Up Coach and Pick-Up Camper. A structure designed primarily to be mounted on a pick-up or track chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, camping, recreational and vacation use.

4.

Tent Trailer. A folding structure, mounted on wheels to be used as a temporary dwelling for travel, camping, recreational and vacation use.

5.

Travel Trailer. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, camping, recreational and vacation use.

"Multifamily dwelling" means a building containing three or more dwelling units.

"Multimodal" is a transportation that considers and accommodates the many ways people travel, including, but not limited to, walking, bicycling, transit, rideshare, and driving with a goal of reducing automobile use and vehicle miles traveled.

"Museum" means a building having public significance by reason of its architecture or former use or occupancy or a building serving as a repository for natural, scientific, historical or literary collections or objects of interest, or works of art, and arranged, intended and designed to be used by members of the public for viewing, with or without an admission charge, and which may include as an accessory use the sale of goods to the public as gifts or for their own use.

"Neighborhood parking lot" means a lot set aside for the parking of noncommercial motor vehicles controlled by, and for the exclusive benefit of residential neighbors of the lot.

"NEUP" means the North End Urban Plan which has been approved and adopted by the Newport City Council and incorporated into the City of Newport Comprehensive Land Use Plan.

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

1.

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 this zoning code shall be nonconforming by use.

2.

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

"Nursery school" means a facility operated primarily for educational instruction of pre-school children.

"Ocean technologies" is a sector of the advanced technology industry that focuses on products and services to understand and work in or use of the ocean. This includes, but is not limited to, advanced maritime technology, oceanographic and marine biology research, aquaculture, and ocean related renewable energy research.

"Open space" means any parcel or area of land or water set aside, dedicated, designated, or reserved for public or private use or enjoyment.

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

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

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

"Pre-application conference" means a review meeting of a proposed development held between applicants and reviewing officials before formal submission of an application for a permit or for a development approval.

"Principal structure" means the building on a lot where a use is conducted.

"Private garage" means a building or portion of a building used for the housing of noncommercial motor vehicles, and in which no occupation, business or service connected in any way with motor vehicles is carried on.

"Professional and business offices" means offices of doctors, dentists, attorneys, real estate agents, insurance agents, accountants, brokers, engineers, architects, landscape architects, photographers, musicians, offices for data processing, telephone answering services, studios of artists and craftsmen, and the like.

"Public garage" means a building or portion of a building, used for the housing of commercial or noncommercial motor vehicles and in which no repair facilities are provided and no commercial repair work is carried on.

"Public service corporation" means a city or state owned enterprise or corporation providing services essential to the general public convenience or safety (such as Newport Utilities Department, Rhode Island Public Transit Authority.) All projects proposed by a public service corporation must be reviewed and approved by the city administration through the development plan review chapter of this zoning code. In addition, in the case of R.I.P.T.A., any facility that would be permitted must be adjacent to a state highway.

A public charitable corporation incorporated under the laws of the state of Rhode Island exempt from federal income taxation under the provisions of Section 501 (c)(3) of the Internal Revenue Code, may also be considered a public service corporation in those circumstances where the following conditions are met:

1.

The corporation owns and manages property that has been purchased by the corporation directly from the City of Newport;

2.

The corporation's primary purpose is the preservation and restoration of historic structures; and

3.

The standards established in Chapter 17.100.190 of this zoning code are complied with.

"Public utilities — Private electrical services" means any private and/or investor-owned company which engages in the transmission of electricity, or owns, operates, or controls private electric transmission or substation facilities.

"Residential scale energy system" means a wind energy system (also known as a turbine) consisting of blades, wind generator, tower and associated control or conversion equipment, having a rated capacity of up to ten kilowatts or less for onsite consumption (not precluding net metering).

"Restaurants" means establishments for the serving of foods and beverage are defined as follows:

1.

"Carry-out restaurant" means any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state and whose design or method of operation is such that foods, frozen desserts or beverages are usually served in edible containers, or paper, plastic or other disposable containers, and no provision is made for consuming said items on the premises.

2.

Drive-in restaurant" means any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state and whose design, method of operation or any portion of whose business is such that foods, frozen desserts or beverages are served directly to the customer in a motor vehicle, either by a car-hop or by other means which eliminate the need for the customer to exit the motor vehicle, or where the consumption of food, frozen desserts or beverages within a motor vehicle parked on the premises is allowed, encouraged or permitted.

3.

"Fast-food restaurant" means any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state for consumption either on the premises or off the premises and whose design or principal method of operation is such that customers are normally served their foods, frozen desserts or beverages in edible containers or in paper, plastic or other disposable containers.

4.

No type of fast-food or franchise operation, nor the sale of prepackaged food, shall be permitted as an accessory use to any retail use or to any standard restaurant.

5.

"Standard restaurant" means any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state and whose design or principal method of operation is such that customers, normally provided with an individual menu, are served their foods, frozen desserts or beverages by a restaurant employee at the same table or counter at which said items are consumed. It also means a cafeteria-type operation provided foods, frozen desserts, or beverages are not served in edible containers or in paper, plastic or other disposable containers, and are consumed on the premises.

6.

Incidental take-out service of food and/or beverages shall be considered an accessory use to a standard restaurant use provided that the proprietor can demonstrate upon the annual renewal of the victualing license that the incidental take-out constitutes less than twenty-five (25) percent of the annual gross dollar value of the business activity.

"School," "college" and "university" means a public or private institution giving regular educational instruction for eight or more months in a year, but not including a school of limited instruction.

"School of limited instruction" means a public or private institution giving special or limited educational instruction, such as in business, trade, music or dancing, or a training school for delinquents or the mentally impaired.

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

"Service" means a use that provides a personal service that is nonmedical as a primary use and may include accessory retail sales of products related to the service. These may include, but are not limited to hair salons, dry cleaning facilities, tailors, groomers, laundromats and travel agencies.

"Shadow flicker" means visible flicker effect when rotating blades of the wind generator cast shadows on the ground and nearby structures causing a repeating pattern of light and shadow.

"Shopping center" means a group of stores where goods are sold or service is rendered primarily at retail, planned, developed and managed as a unit, located on a lot of at least ten acres.

"Short term rental or short term rentals." See "guest facilities", supra.

"Single-family dwelling" means a building containing one dwelling unit.

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

"Site restoration plan" means detailed drawings with topographic lines showing existing and proposed vegetation and required grading or backfilling.

"Special use" means a use so identified under a zoning use district and which is allowed only pursuant to a special use permit (formerly referred to as a "special exception") issued by the zoning board of review.

"Special use permit" means authorization granted by the zoning board of review to allow a special use on the property. The granting of a special use permit precludes the applicant from carrying out any uses on the property allowed by right under the zoning use district, until the special use permit is either cancelled or abandoned.

"Standard restaurant." See "restaurants."

"Story" is that part of a facade between the surface of one floor more than thirty-three (33) percent of the building area and the ceiling immediately above. It must be at least seven feet six inches high. A cellar does not count as a story.

"Street line" means the dividing line between the street and the lot.

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

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

"System height" means the vertical distance from established grade to the tip of the wind generator at the maximum height.

"Tavern" means an establishment whose principal business is the sale of alcoholic beverages where consumption occurs on the premises.

"Temporary accessory use for a major recreational event" means a use of property not more than fourteen (14) days to support a major recreational event on other property in the City of Newport, in one or more ways that are subordinate to and reasonably necessary for the success of the event and are associated with or sanctioned by the major recreational event sponsor. Such temporary accessory uses, which may be located in existing buildings or in tents or other temporary structures, include, but are not limited to, welcome and hospitality centers, including food service to volunteers of the major recreational event; equipment storage; media sites; parking areas; passenger drop-off and pick-up areas; and facilities for communications, security, and medical needs; provided that event preparation and restoration activities on properties adjacent to the major recreational event site are permitted for no more than one hundred forty (140) days.

"Tent trailer." See "moveable dwellings."

"Theater" means a building used for the showing of motion pictures or live stage performances.

"Tower" means the monopole, guyed monopole or lattice structure that supports a wind generator."

"Transient guest facilities." See "guest facilities."

"Travel trailer." See "moveable dwellings."

"Two-family dwelling" means a building containing two dwelling units.

"Unified development review" is the process by which a zoning ordinance may provide that review and approval of dimensional variances, use variances and/or special-use permits for properties undergoing review by the planning board or commission as land-development or subdivision projects pursuant to RIGL §45-23-36, be conducted and decided by the planning board.

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

"Utility scale energy system" means a wind energy system (also known as a turbine) consisting of blades, wind generator, tower and associated control or conversion equipment, having a rated capacity of greater than one hundred (100) kilowatts especially for sale or distribution into the power grid.

"Vacation guest facilities." See "guest facilities."

"Variance" means permission granted by the zoning board of review to depart from the literal requirements of this zoning code. An authorization granted by the zoning board of review for the construction or maintenance of a building or structure, or for the establishment or maintenance of a use of land, which is not permitted by this zoning code. There shall be only two categories of variance, a use variance or a dimensional variance.

1.

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

2.

Dimensional Variance. Permission to depart from the dimensional requirements of this zoning code, under the applicable standards set forth in RI General Laws § 45-24-41 and Zoning Ordinance Chapter 17.108, Variances and modifications.

"Video lottery terminal gambling" means gambling by the use of any electronic computerized video game machine that upon the insertion of cash, is available to play a video game authorized by the lottery commission, and which uses a video display and microprocessor in which, by chance, the player may receive free games or credits that can be redeemed for cash. This definition shall include any game or device that is commonly known as a video game of chance or a video gaming machine or that is commonly known as or considered to be a video gambling machine, except a video device authorized by the lottery commission to permit the sale of tickets by retailers in a game authorized under Title 42, Chapter 61 of the Rhode Island General Laws if all of the following apply:

1.

The device does not determine whether the player has won a prize;

2.

The device does not indicate whether the player has won a prize other than verifying that the player's ticket or some or all of the player's symbols or numbers on the player's ticket have been selected in a chance drawing, or by verifying that the player's ticket has been randomly selected by a central system computer at the time of purchase;

3.

Any game that is similar to a game listed in the preceding categories.

"Waters" means all surface waters including all waters of the territorial sea, tidewaters, all inland waters of any river, stream, brook, pond, or lake, and wetlands.

Wetland, Coastal. "Coastal wetland" means any salt marsh bordering on the tidal waters of this state, whether or not the tide waters reach the littoral areas through natural or artificial water courses, and such uplands contiguous thereto, but extending no more than fifty (50) yards inland therefrom, as the executive director of the coastal resources management council shall deem reasonably necessary to protect those salt marshes.

Wetland, Freshwater. "Freshwater wetland" includes but is not limited to, marshes; swamps; bogs; ponds; rivers; river and stream flood plains and banks; areas subject to flooding or storm flowage; emergent or submergent plant communities in any body of fresh water including rivers or streams and that area of land within fifty (50) feet of the edge of any bog, marsh, swamp or pond.

"Wind generator" means the blades and associated mechanical and electrical conversion components mounted on the tower whose purpose is to convert kinetic energy of the wind into rotational energy to generate electricity.

"Workforce housing" is housing that is affordable to workers, and close to their jobs. It is ownership as well as rental housing that can be reasonably afforded by a moderate to middle income workforce and located in acceptable proximity to multimodal transportation options or job opportunities. It is generally accepted to be housing that is affordable to households earning up to one hundred twenty (120) percent of the area median income (AMI).

"Yachting organization" means the crew, support staff, and families of a yacht temporarily housed in the city for, any race sponsored by a local yacht club, or organized by a national sailing organization, including related training.

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

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

"Zoning code" means an ordinance enacted by the city council of the City of Newport pursuant to Title 45 Chapter 24 of the General Laws of Rhode Island which sets forth regulations and standards relating to the nature and extent of uses of land and structures, which is consistent with the comprehensive plan of the city, which includes a zoning map, and complies with the provisions of Title 45 Chapter 24 of the General Laws of Rhode Island.

"Zoning district" means the basic unit in zoning, either mapped or unmapped, to which a uniform set of regulations applies, or a uniform set of regulations for a specified use. Each zoning district may include sub districts. Zoning districts may be combined.

"Zoning officer" means person appointed by the city council to perform duties in accordance with Sections 17.112.010 and 17.112.020 of this zoning code.

(Ord. 2006-1 § 1, 2006; Ord. 2004-43 § 1, 2004; Ord. 2004-10 § 1, 2004; Ord. 2003-31 § 1, 2003; Ord. 2003-19 § 1, 2003; Ord. 2000-4 (part), 2000: Ord. 97-50A § 1, 1997; Ord. 12-96 § 1 (1), 1996; Ord. 65-94 (part), 1994: prior code § 1260.04)

(Ord. No. 2011-025, § 1, 9-14-2011; Ord. No. 2012-011, § 1, 6-13-2012; Ord. No. 2012-019, § 1, 12-12-2012; Ord. No. 2013-016, § 1, 10-9-2013; Ord. No. 2018-12, § 1, 11-14-2018; Ord. No. 2019-36, § 1, 10-9-2019; Ord. No. 2020-02, § 1, 2-26-2020; Ord. No. 2020-06, § 1, 6-24-2020; Ord. No. 2021-01, § 1, 1-13-2021; Ord. 2021-22, § 1, 9-8-2021; Ord. No. 2022-10, § 1, 3-23-2022; Ord. No. 2022-13, § 1, 5-11-2022; Ord. No. 2023-33, § 1, 12-13-2023; Ord. No. 2024-02, § 1, 1-10-2024; Ord. No. 2024-15, § 1, 7-24-2024; Ord. No. 2024-24, § 1, 8-28-2024; Ord. No. 2024-34, § 1, 9-25-2024)