This chapter shall be known as North Kingstown Zoning Ordinances.

(Ord. No. 94-12, § 1, 6-27-1994)

Zoning ordinances and districts as set forth in this chapter are approved and established. The zoning map, which is kept on file in the office of the town clerk, is declared to be a part of this chapter. No building or land shall be used, and no building shall be erected, moved or structurally altered, except in conformity with the ordinances described in this chapter.

(Ord. No. 94-12, § 1, 6-27-1994)

(a)

The town council finds that:

(1)

Based on the requirement of RIGL 1956, § 45-22.2-1 et seq., Rhode Island Comprehensive Planning and Land Use Act, the town adopted a comprehensive plan in August of 1992;

(2)

Pursuant to RIGL 1956, § 45-22.2-1 et seq., the zoning ordinances must be consistent with the comprehensive plan;

(3)

RIGL 1956, § 45-24-1 et seq., Rhode Island Zoning Act of 1991, requires local zoning ordinances to be in conformance with RIGL 1956, § 45-24-1 et seq.;

(4)

Town zoning ordinances were adopted in 1947 and last comprehensively amended in 1974;

(5)

The character of land development and related public and private services has changed substantially in intervening years;

(6)

It is necessary to provide for innovative land development practices to adequately regulate the use of land and employ modern land development practices; and

(7)

A substantial updating and revision of the zoning ordinances is required to meet these changed conditions.

(b)

It is, therefore, found that the adoption of updated and revised zoning ordinances is necessary to address the findings and needs identified in this section; protect the public health, safety and general welfare; allow the town to carry out its duty to provide for the conservation of natural resources within the town; adopt all means necessary and proper by law for the preservation, regeneration, and restoration of the natural environment of the town; promote good planning practice; and provide for sustainable economic growth in the town.

(Ord. No. 94-12, § 1, 6-27-1994)

The zoning ordinances have been prepared, adopted and as may be amended in accordance with the comprehensive plan and have been designed to address the purposes in this section. The town recognizes the following purposes, each with equal priority, and are numbered for reference purposes only:

(1)

Promoting the public health, safety and general welfare.

(2)

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

(3)

Providing for orderly growth and development which recognizes the following:

a.

The goals, objectives and patterns of land use contained in the town comprehensive plan.

b.

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

c.

The values and dynamic nature of coastal and freshwater ponds, the shoreline, and freshwater and coastal wetlands.

d.

The values of unique or valuable natural resources and features.

e.

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

f.

The need to shape and balance urban and rural development.

g.

The use of innovative development regulations and techniques.

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

(9)

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

(10)

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

(11)

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

(12)

Promoting implementation of the comprehensive plan.

(13)

Providing for coordination of land uses with contiguous municipalities, other municipalities, the state and other agencies, as appropriate, to ensure that the land uses are consistent with the town's comprehensive plan, especially with regard to resources and facilities that extend beyond municipal boundaries or that have a direct impact on the town.

(14)

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

(15)

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

(Ord. No. 94-12, § 1, 6-27-1994)

(a)

The town clerk shall be the custodian of the zoning ordinances and the zoning map created under this chapter.

(b)

The town clerk shall be responsible for the maintenance and update of the text and zoning map comprising the zoning ordinance and this chapter. Changes to the zoning map shall be depicted on the map within 90 days of the authorized change.

(c)

The department of planning and development shall be responsible for review of the zoning ordinance and this chapter at reasonable intervals and whenever changes are made to the comprehensive plan, for the identification of any changes necessary and for the forwarding of these changes to the town council upon recommendation of the planning commission.

(Ord. No. 94-12, § 1, 6-27-1994)

The zoning ordinances in this chapter are designed, adopted and as may be amended to be consistent with the comprehensive plan. If there is uncertainty in the construction or application of any section of the zoning ordinances in this chapter, this chapter shall be construed in a manner that will further the implementation of, and not be contrary to, the goals and objectives and applicable elements of the comprehensive plan.

(Ord. No. 94-12, § 1, 6-27-1994)

(a)

Notwithstanding any other section of this chapter, the following uses, as defined in section 21-22, shall be permitted uses within all residential zoning use districts and all industrial and commercial use districts, except where residential use is prohibited for public health or safety reasons:

(1)

Community residences.

(2)

Family day care.

(3)

Households.

(b)

Any application for development under this chapter, such as but not limited to an application for a special use permit, special permit and variance, shall be considered vested when the submitted application is certified to be substantially complete by the proper administrator and/or official designated to receive such applications. Substantially complete shall mean that all submittal requirements have been met. Development projects subject to subdivision review and/or development plan review by the planning commission, including but not limited to residential compound or cluster developments, shall be deemed vested when the planning commission grants master plan approval. If an application for development under this chapter is approved, the applicant shall initiate and substantially complete development of the property within the time limit established for each of these actions in the appropriate section of this chapter. Failure to initiate development of the property prior to the time limit established at approval shall render the approval null and void. Any development of the property proposed after the lapse of the time limit established at approval shall require a resubmission of development plans by the applicant subject to the regulations in the appropriate sections of this chapter. An application shall include all required forms, plans supporting documents and required fees. Any application considered by the town under this section shall be reviewed according to the regulations applicable in this chapter in force at the time the application is deemed substantially complete.

(Ord. No. 94-12, § 1, 6-27-1994; Ord. No. 98-7, 5-11-1998)

If any provision of this chapter or of any rule, regulation or determination made thereunder or the application thereof to any person, agency or circumstance is held invalid by a court of competent jurisdiction, the remainder of this chapter, rule, regulation or determination and the application of the provisions to other persons, agencies or circumstances shall not be affected thereby. The invalidity of any section of this chapter shall not affect the validity of the remainder of the chapter.

(Ord. No. 94-12, § 1, 6-27-1994)

(a)

Division of town into zoning districts. For the purposes of this chapter, the town is divided into the following primary districts based on type of land use and intensity of use:

(1)

Residential districts: rural, neighborhood, village, multifamily, Pojac Point, planned village district, very low density and low density.

(2)

Planned unit development.

(3)

Business districts: neighborhood, waterfront, general, heavy and planned business development, and Wickford Village Center.

(4)

Industrial district: Waterfront and general light.

(5)

Corporate compound.

(6)

Open space district and public district.

(7)

Development district.

(b)

Overlay districts. The following supplemental overlay districts are established: very severe limitations, severe limitations, steep slope, groundwater recharge and wellhead and groundwater reservoir, special flood hazard, scenic, historic, residential compound development and cluster development.

(Ord. No. 94-12, § 1, 6-27-1994; Ord. No. 01-1, § 2, 2-12-2001; Ord. No. 02-20, § 1, 11-18-2002)

(a)

Administration. The administration of this chapter shall be the responsibility of the director of planning and development, referred to as the "director," or the director's designee. The director shall be charged with the following duties in the administration of this chapter:

(1)

Issuing any required zoning certificates.

(2)

Staff assistance and administrative duties for the zoning board of review.

(3)

Issuance of modification permits.

(4)

Performing such other duties and taking such actions as may be required.

(b)

Enforcement. The enforcement of this chapter shall be the responsibility of the building official, referred to as the "zoning enforcement officer," or the officer's duly authorized designee. The zoning enforcement officer shall be charged with the following duties in the enforcement of this chapter:

(1)

Issuing any required permits.

(2)

Keeping records showing the compliance of uses of land.

(3)

Authorizing the commencement of uses or development under this chapter.

(4)

Inspection of suspected violations.

(5)

Issuance of violation notices with required correction action.

(6)

Collection of fines for violations.

(7)

Performing such other duties and taking such actions as may be assigned in this chapter.

(c)

Zoning certificates. In order to provide guidance or clarification, the director or the director's designee shall, upon written request, issue a zoning certificate or provide information to the requesting party as to the determination of zoning applicability within 15 days of the written request. If no written response is provided within that time, the requesting party shall have the right to appeal to the zoning board of review for its determination.

(d)

Minimum qualifications. The zoning enforcement officer shall meet the minimum qualifications as established in RIGL 1956, § 23-27.3-107.1.1 for a building inspector. The director shall meet the minimum qualifications established in section 2-141 of this Code.

(Ord. No. 94-12, § 1, 6-27-1994)

Cross reference— Administration, ch. 2.

(a)

Established, membership and procedures. A zoning board of review is established, which consists of five members and two alternates to be appointed by the town council. The board shall elect a chair from among its members.

(1)

Alternates. The town council shall appoint two alternate members to the zoning board of review, who shall be designated alternate no. 1 and alternate no. 2. These alternate members shall sit and may actively participate in hearings. In the absence of any member of the board, alternate no. 1 shall act as a full member of the board. If a second member is absent, alternate no. 2 shall act as a full member of the board. In the absence of alternate no. 1, the second alternate member shall serve in the position of alternate no. 1. If any matter before the zoning board of review is likely to be continued for more than one hearing, the chair may request that alternate no. 1 and/or alternate no. 2 participate at such hearings, and the alternate shall be authorized to vote on the matter when and if an active member becomes unable to serve at such hearings. No member or alternate may vote on any matter before the board unless the member has attended all hearings concerning that matter.

(2)

Term of office. Zoning board of review members shall be appointed for a term of three years. Any vacancy shall be filled by the town council for the unexpired term.

(3)

Assistance. The zoning board of review may engage legal, technical or clerical assistance to aid in the discharge of its duties with the approval of the town council.

(4)

Rules of procedure. The zoning board of review shall prepare and adopt rules of procedure.

(5)

Records. All zoning board of review records shall be filed in the office of planning and development. All minutes and decisions shall be filed in the office of the town clerk.

(6)

Correspondence. All correspondence and appeals shall be sent to the zoning board of review, at the current town hall address.

(7)

Administration of oaths and witnesses. The chair or, in the absence of the chair, the acting chair may administer oaths and compel the attendance of witnesses by the issuance of subpoenas.

(8)

Reimbursement and compensation. Reimbursement to and compensation for expenses to the zoning board of review shall be provided.

(b)

Powers and duties. The zoning board of review shall have the power and duty to:

(1)

Hear and decide appeals in a timely manner where it is alleged there is error in any order, requirement, decision or determination made by an administrative officer or agency in the enforcement or interpretation of this chapter.

(2)

Hear and decide appeals from a party aggrieved by a decision of the historic district commission, pursuant to section 21-338.

(3)

Hear and decide appeals where the zoning board of review is appointed as the board of appeals for airport zoning regulation pursuant to RIGL 1956, § 1-3-19.

(4)

Authorize, upon application, in specific cases of hardship, variances in the application of the terms of this chapter pursuant to section 21-14.

(5)

Authorize, upon application, in specific cases, special use permits, pursuant to section 21-15, where the zoning board of review is designated as a permit authority for special use permits.

(6)

Refer matters to the planning commission, or other boards or agencies in the town, as the zoning board of review may deem appropriate, for findings and recommendations.

(7)

Provide for issuance of conditional zoning approvals where a proposed application would otherwise be approved except when one or more state or federal agency approvals which are necessary are pending. A conditional zoning approval shall be revoked when any necessary state or federal agency approvals are not received within a specified period of time.

(8)

Hear and decide such other matters, according to the terms of this chapter or other statutes, and upon which the board may be authorized to pass under this chapter or other statutes.

(c)

Voting procedures. The zoning board of review shall be required to vote as follows:

(1)

Five active members shall be necessary to conduct a hearing. As soon as a conflict occurs for a member, that member shall be recused, shall not sit as an active member, and shall take no part in the conduct of the hearing. Only five active members shall be entitled to vote on any one issue.

(2)

The concurring vote of three of the five members of the zoning board of review sitting at a hearing shall be necessary to reverse any order, requirement, decision or determination of any zoning administration officer or agency from whom an appeal was taken.

(3)

The concurring vote of four of the five members of the zoning board of review sitting at a hearing shall be required to decide in favor of an applicant on any matter within the discretion of the board upon which it is required to pass under this chapter, including variances, special permits and special use permits.

(Ord. No. 94-12, § 1, 6-27-1994; Ord. No. 06-05, § 1, 4-10-2006)

Charter reference— Zoning board of review, §§ 808—810.

Cross reference— Boards, commissions and committees, § 2-216 et seq.

(a)

Established; membership; assistance; records and correspondence. A planning commission is established in the town Charter and shall consist of six members appointed by the town manager with the approval of the town council. The commission shall elect a chair and vice-chair from among its members.

(1)

Term of office. Planning commission members shall be appointed for a term of six years. Any vacancy shall be filled by the town council for the unexpired term.

(2)

Assistance. The planning commission may engage legal, technical or clerical assistance to aid in the discharge of its duties. The department of planning and development shall provide staff and secretarial duties of the commission.

(3)

Records. All planning commission records shall be filed in the office of planning and development. All minutes and decisions shall be filed in the office of the town clerk.

(4)

Correspondence. All correspondence shall be sent to the planning commission, at the current town hall address.

(b)

Powers and duties. The commission shall have the power and duty within this chapter to:

(1)

Review and make recommendations on proposed zoning ordinance and zoning map amendments in accordance with section 21-19 of this chapter;

(2)

Hear and decide on applications for site plan approval where planning commission approval is required;

(3)

Authorize upon application the following: planned business district site plan, site plan, multifamily development, planned village district development, planned unit development, cluster development and residential compound development; and

(4)

Review and make recommendations on zoning board applications of special use permits and variances upon request from the director or the zoning board of review.

(Ord. No. 94-12, § 1, 6-27-1994; Ord. No. 06-05, § 2, 4-10-2006)

Charter reference— Planning commission, §§ 802—806.

Cross reference— Boards, commissions and committees, § 2-216 et seq.

(a)

Filing procedure. An application, together with all required submission items and data set forth in subsection (d) of this section, for a variance, special permit or a special use permit shall be filed with the department of planning and development. Applications may be made by any person, group, agency or corporation in accordance with the definition of applicant set forth in section 21-22. The department of planning and development shall immediately transmit a copy of each application to the planning commission.

(b)

Request for findings and recommendations from planning commission. For any variance, special use permit, or special permit pertaining to a commercial or mixed use project, the planning commission shall report its recommendations. For all other applications, the staff may report findings or recommendations, but at the request of the planning director or the zoning board of review, staff shall report findings or recommendations of the planning commission. All findings and recommendations shall include a statement on the general consistency of the application with the goals and purposes of the comprehensive plan. The planning commission and/or staff shall render such findings and recommendations to the zoning board of review within 30 days of receipt of the application from the zoning board of review.

(c)

Public hearing and notice requirements. The zoning board of review shall hold a public hearing on any application for a variance, special use permit and special permit, in an expeditious manner, after receipt, in proper form, of the application and all required submission items and data. The zoning board of review shall give notice of the public hearing at least 14 days prior to the date of the hearing in a newspaper of general circulation in the town. Notice of the hearing shall be sent first class mail to the applicant, and to at least all those who require notice under subsection 21-19(c). The notice shall include the street address of the subject property. The cost of notification shall be borne by the applicant.

(d)

Application procedures. The zoning board of review shall prepare and adopt rules of procedure. The board's rules of procedure shall, at a minimum, include application forms for each type of relief sought.

(e)

Decisions and records. Following a public hearing, the zoning board of review shall render a decision within a reasonable period of time. The zoning board of review shall include in its decision all findings of fact and conditions, showing the vote of each member participating thereon, and the absence of a member or a member's failure to vote. Decisions shall be recorded and filed in office of the town clerk within 30 working days from the date when the decision was rendered and shall be a public record. The zoning board of review shall keep written minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote indicating such fact, and shall keep records of its examinations, findings of fact and other official actions, all of which shall be recorded and filed in the office of the town clerk in an expeditious manner upon completion of the proceeding. For any proceeding in which the right of appeal lies to the superior court or supreme court, the zoning board of review shall have the minutes taken either by a competent stenographer or recorded by a sound recording device. Any decision by the zoning board of review, including any special conditions attached thereto, shall be mailed to the applicant and/or property owner, to the zoning enforcement officer, and to the associate director of the division of planning of the state department of administration. Any decision evidencing the granting of a variance, modification, special use permit, special permit or special exception shall also be recorded in the town's land evidence records and the cost of such recording shall be paid by the applicant. The decision shall be posted in a location visible to the public in the town hall for a period of 20 days following the recording of the decision.

(f)

Special conditions. In granting a variance, special permit or special use permit or in making any determination upon which it is required to pass after a public hearing under this chapter, the zoning board of review or other zoning enforcement agency may apply such special conditions that may, in the opinion of the board or agency, be required to promote the intent and purposes of the comprehensive plan and this chapter. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. Those special conditions shall be based on competent credible evidence on the record, shall be incorporated into the decision, and may include but are not limited to provisions for the following:

(1)

Minimizing adverse impact of the development upon other land, including the type, intensity, design and performance of activities;

(2)

Controlling the sequence of development, including when it must be commenced and completed;

(3)

Controlling the duration of the use or development and the time within which any temporary structure must be removed;

(4)

Ensuring satisfactory installation and maintenance of required public improvements;

(5)

Designating the exact location and nature of development; and

(6)

Establishing detailed records by submission of drawings, maps, plats or specifications.

(g)

Appeals of decisions. Procedures for appeals of zoning board of review decisions are as follows:

(1)

An aggrieved party may appeal a decision of the zoning board of review on an application for a variance, special permit or special use permit to the county superior court by filing a complaint setting forth the reasons of appeal within 20 days after the decision has been recorded and posted in the office of the town clerk. The zoning board of review shall file the original documents acted upon by it and constituting the record of the case appealed from or certified copies thereof, together with such other facts as may be pertinent, with the clerk of the court within 30 days after being served with a copy of the complaint. When the complaint is filed by someone other than the original applicant or appellant, the original applicant or appellant and the members of the zoning board of review shall be made parties to the proceedings. The appeal shall not stay proceedings upon the decision appealed from, but the court may, in its discretion, grant a stay on appropriate terms and make such other orders as it deems necessary for an equitable disposition of the appeal.

(2)

If, before the date set for hearing in the superior court, an application is made to the court for leave to present additional evidence before the zoning board of review and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for the failure to present it at the hearing before the zoning board of review, the court may order that the additional evidence be taken before the zoning board of review upon conditions determined by the court. The zoning board of review may modify its findings and decision because of the additional evidence and shall file that evidence and any new findings or decisions with the superior court.

(3)

The review shall be conducted by the superior court without a jury. The court shall consider the record of the hearing before the zoning board of review and, if it shall appear to the court that additional evidence is necessary for the proper disposition of the matter, it may allow any party to the appeal to present that evidence in open court, which evidence, along with the report, shall constitute the record upon which the determination of the court shall be made.

(4)

The court shall not substitute its judgment for that of the zoning board of review as to the weight of the evidence on the questions of fact. The court may affirm the decision of the zoning board of review or remand the case for further proceedings or may reverse or modify the decision if substantial rights of the appellant have been prejudiced because of the following findings, inferences, conclusions or decisions:

a.

In violation of constitutional, statutory or ordinance provisions;

b.

In excess of the authority granted to the zoning board of review by statute or ordinance;

c.

Made upon unlawful procedure;

d.

Affected by other error of law;

e.

Clearly erroneous in view of the reliable, probative and substantial evidence of the whole record; and

f.

Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

(5)

Upon the entry of any case or proceedings brought under this section, including pending appeals and appeals taken to the court, the court shall, at the request of either party, advance the case, so that the matter shall be afforded precedence on the calendar and shall thereupon be heard with as little delay as possible.

(h)

Expiration of variance, special permit, and special use permit. A variance, special permit, or special use permit granted pursuant to this chapter shall be valid for a period of one year from the date of the filing of the decision of the zoning board of review and the receipt of all required local and state approvals which have been granted, during which time a building permit must be applied for. The zoning board of review may grant additional time as a condition of approval. Unless otherwise specified by the zoning board of review, the project for which a variance, special permit or special use permit is granted must be completed within two years from the date of the filing of the decision of the zoning board of review and the receipt of all required local and state approvals have been granted. Under no circumstances shall a variance, special permit, or special use permit be valid for a period longer than three years from the date of the filing of the decision of the zoning board of review.

In the event that an applicant is unable to exercise the permission granted or apply for a building permit within one year from the date of the granting of the special use permit or variance, then said applicant may apply for an extension of time with the zoning board of review; provided, however, that said application for extension of time, for cause, is submitted at least 30 days prior to the expiration date of the special use permit or variance. The zoning board of review may grant only one extension of time for an application for a period not exceeding one year from the expiration date of the special use permit or variance. The granting of such an extension is entirely within the discretion of the zoning board of review and the zoning board of review may require that an applicant demonstrate through testimony or other evidence that cause exists, that the effect of the special use permit or variance on neighboring properties has not substantially changed since the original application and that the granting of the extension of time would not be inimical to the health, safety and welfare of the public generally.

Written notice of such application for extension shall be sent, at the applicant's expense, to all remonstrants of record as determined by the record of the original hearing on the original petition for a special use permit or variance. No other notice shall be required.

(i)

Reapplication. If a variance, special permit or special use permit has been denied, a new application for the same request as was denied may not be made for a period of one year from the date of the recording of the decision unless substantially new evidence can be provided to the zoning board of review.

(Ord. No. 94-12, § 1, 6-27-1994; Ord. No. 01-1, § 3, 2-12-2001; Ord. No. 07-02, § 1, 2-5-2007; Ord. No. 07-12, § 1, 6-11-2007; Ord. No. 08-10, § 1, 6-9-2008; Ord. No. 12-13, § 1, 10-22-2012; Ord. No. 18-22, § 1, 10-29-2018)

(a)

Criteria for grant of variance. In granting a variance to this chapter, the zoning board of review shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:

(1)

The hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not the general characteristics of the surrounding area, and is not due to a physical or economic disability of the applicant.

(2)

The hardship is not the result of any prior action of the applicant and does not result primarily from the desire of the applicant to realize greater financial gain.

(3)

The granting of the requested variance will not alter the general character of the surrounding area or impair the intent or purpose of this chapter or the comprehensive plan upon which this chapter is based.

(4)

The relief to be granted is the least relief necessary.

(b)

Evidence required for grant of variance. The zoning board of review shall, in addition to the standards in subsection (a) of this section, require that evidence be entered into the record of the proceedings showing that:

(1)

In granting a use variance, the subject land or structure cannot yield any beneficial use if it is required to conform to the land use sections of this chapter. Nonconforming use of neighboring land or structures in the same district and permitted use of lands or structures in an adjacent district shall not be considered in granting a use variance; and

(2)

In granting a dimensional variance, the hardship suffered by the owner of the subject property if the dimensional variance is not granted amounts to more than a mere inconvenience. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief.

(Ord. No. 94-12, § 1, 6-27-1994; Ord. No. 02-14, § 1, 10-7-2002)

(a)

In granting a special use permit or special permit under this chapter, the zoning board of review shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:

(1)

The requested special use permit will not alter the general character of the surrounding area or impair the intent or purpose of this chapter or the comprehensive plan upon which this chapter is based.

(2)

The special use permit is reasonably necessary to serve the public convenience and welfare.

(3)

The granting of a special use permit will not pose a threat to the drinking water supply.

(4)

The use will not disrupt the neighborhood or the privacy of abutting landowners by excessive noise, light, glare or air pollutants.

(5)

Sewage and waste disposal into the ground and the surface water drainage from the proposed use will be adequately handled on site.

(6)

The traffic generated by the proposed use will not cause undue congestion or introduce a traffic hazard to the circulation pattern of the area.

(7)

Accessory signs, off-street parking and loading area and outdoor lighting are designed and located in a manner which complements the character of the neighborhood.

(8)

In addition to the criteria in subsections (1) through (7) of this section, in the case of a special permit, the board shall require evidence that the requested use will have a lesser undesirable impact upon the surrounding area than the preceding nonconforming use.

(b)

Special use permits and dimensional variances. The zoning board of review may issue a dimensional variance in conjunction with a special use. If the special use could not exist without the dimensional variance, the zoning board of review shall consider the special use permit and the dimensional variance together to determine if granting the special use is appropriate based on both the special use criteria and the dimensional variance evidentiary standards.

(Ord. No. 94-12, § 1, 6-27-1994; Ord. No. 02-14, § 2, 10-7-2002)

(a)

Generally. All applications for comprehensive permits to build low and moderate income housing shall be reviewed in accordance with the applicable provisions of RIGL tit. 45, ch. 53, as amended, the Low and Moderate Income Housing Act. The planning commission shall have the authority to issue a comprehensive permit for a low and moderate income housing project pursuant to the applicable provisions of RIGL tit. 45, ch. 53.

(b)

Application fees. The application fee for a comprehensive permit application shall be equal to the fee for the most analogous fee required in chapter 9 of the Revised Ordinances of the town as determined by the director of planning and development.

(c)

Limitation on applications. Pursuant to RIGL § 45-53-4(4)(xii) as the town has an approved affordable housing plan and at such time as the town is meeting housing needs as that term is defined in RIGL § 44-53-3(10), as amended, the annual number of dwelling units in comprehensive permit applications from for-profit developers may be limited to an aggregate of one percent of the total number of year-round housing units in the town, as recognized in the affordable housing plan and notwithstanding the timetables set forth elsewhere in this section, the planning commission shall have the authority to consider comprehensive permit applications from for-profit developers, which are made pursuant to this paragraph, sequentially in the order in which they are submitted.

(Ord. No. 06-05, § 3, 4-10-2006)

Editor's note— Ord. No. 06-05, § 3, adopted April 10, 2006, amended the Code by repealing former § 21-16 in its entirety, and adding a new § 21-16. Former § 21-16 pertained to administrative procedures for special exceptions for low- and moderate-income housing; and derived from Ord. No. 94-12, adopted June 27, 1994; and Ord. No. 03-13, adopted September 8, 2003.

(a)

Filing procedure. An appeal to the zoning board of review from a decision of the zoning enforcement agent, zoning administrator, historic district commission and the planning commission may be taken by an aggrieved party. The appeal shall be taken within 20 days of the issuance of a violation notice or zoning certificate by filing with the department of planning and development an appeal application. The department of planning and development shall send a copy of the appeal application to the officer or agency from whom the appeal is filed and to the planning commission. The officer or agency shall transmit to the zoning board of review all papers constituting the record upon which the action was appealed.

(b)

Public hearing and notice requirements. The zoning board of review shall fix a reasonable time for the hearing of the appeal. Public notice shall be provided in accordance with subsection 21-19(c). Notice shall also be provided to the parties of interest. Upon the hearing, any person may appear in person or by agent or by attorney. The cost of any notice required for the hearing shall be borne by the applicant. Participation in a zoning hearing or other proceeding by a party shall not be a cause for civil action or liability except for acts not in good faith; intentional misconduct; a knowing violation of law; transactions where there is an improper personal benefit; or malicious, wanton or willful misconduct.

(c)

Application procedure for appeals. The zoning board of review shall prepare and adopt rules of procedure. The board's rules of procedure shall, at a minimum, include application forms for appeals which shall state the grounds for appeal. The following submission requirements shall accompany each application:

(1)

A completed application signed by the property owner and appellant.

(2)

Application fees as established by the town council and fees for advertising.

(3)

A list of property owners within 200 feet of the subject site including plat and lot numbers, owners' names and mailing addresses as shown on the latest tax maps.

Upon submittal of the requirements in this subsection, the department of planning and development shall schedule a hearing before the zoning board of review.

(d)

Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the zoning enforcement officer or agency from whom the appeal is taken certifies to the zoning board of review, after the appeal shall have been duly filed, that because of facts stated in the certificate a stay would, in the officer's or agency's opinion, cause imminent peril of life or property. In that case, proceedings shall not be stayed other than by a restraining order, which may be granted by a court of competent jurisdiction on application thereof and upon notice to the officer or agency from whom the appeal is taken on due cause shown.

(e)

Decisions and records of zoning board of review. In exercising its powers, the zoning board of review may, in conformity with this chapter, reverse or affirm wholly or partly and may modify the order, requirement, decision or determination appealed from and may make such orders, requirements, decisions or determinations as ought to be made, and to that end shall have the powers of the officer from whom the appeal was taken. All decisions and records of the zoning board of review respecting appeals shall conform to subsection 21-13(e).

(f)

Appeal of zoning board of review decision. An aggrieved party may appeal the decision of the zoning board of review in accordance with subsection 21-13(g).

(Ord. No. 94-12, § 1, 6-27-1994; Ord. No. 03-8, § 1, 6-9-2003)

(a)

Established. The director or the director's designee shall be authorized to grant modification permits under this chapter. Modification permits may be sought for dimensional variances, which do not exceed 25 percent for the applicable building setbacks.

(b)

Application procedure. An application for a modification permit shall follow the same procedures as set forth in subsection 21-13(d).

(c)

Determination by director. Within ten days of receipt of an application for a modification permit, the director shall make a decision as to the suitability of the requested modification based on the following determinations:

(1)

The modification requested is reasonably necessary for the full enjoyment of the permitted use;

(2)

If the modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;

(3)

The modification requested is in harmony with the purposes and intent of the comprehensive plan and this chapter; and

(4)

The modification requested does not require a variance from a flood hazard requirement.

(d)

Denial by director. Upon a negative determination, the director shall forward all records of the modification permit to the zoning board of review. The zoning board of review will consider the application a request for a variance that may only be issued following standard procedures for a variance.

(e)

Notice of modification. Upon an affirmative determination, the director shall notify, by certified mail, all property owners within 200 feet of the subject property and shall indicate the street address of the subject property in the notice and shall publish in a newspaper of general circulation within the town that the modification will be granted unless written objection is received within 30 days of the public notice. The costs of any notice required under this section shall be borne by the applicant requesting the modification.

(f)

Denial of modification based on written objection. If written objection is received within 30 days, the request for a modification will be denied. Upon a denial, the director shall forward all records of the modification permit to the zoning board of review. The zoning board of review will consider the application a request for a variance that may only be issued by the zoning board of review following standard procedures for a variance.

(g)

Approval of modification. If no written objections are received within 30 days, the director shall grant the modification permit. The director may apply such special conditions to the permit as may, in the opinion of the officer, be required to conform to the intent and purposes of this chapter. The director shall keep public records of all requests for modifications and of findings, determinations, special conditions and any objections received.

(Ord. No. 94-12, § 1, 6-27-1994; Ord. No. 01-1, § 4, 2-12-2001; Ord. No. 07-02, § 2, 2-5-2007)

(a)

Receipt of application. An application to adopt, amend or repeal a zoning ordinance or zoning map or this chapter shall be submitted to the town clerk. Immediately upon receipt of the proposal, the town clerk shall refer the proposal to the town council and to the planning commission for study and recommendation. The planning commission shall, in turn, notify and seek the advice of the department of planning and development and shall report to the town council within 45 days after receipt of the proposal giving its findings and recommendations as prescribed in subsection (b) of this section. Where a proposal for adoption, amendment or repeal of a zoning ordinance or zoning map or section of this chapter is made by the planning commission, the requirements for study by the commission may be waived, provided that the proposal by the planning commission includes its findings and recommendations pursuant to subsection (b) of this section. The town council shall hold a public hearing within 65 days of receipt of a proposal, giving proper notice as prescribed in subsection (c) of this section. The town council shall render a decision on any proposal within 45 days after the date of completion of the public hearing. Unless otherwise conditioned, the amendment of the zoning ordinance, this chapter or zoning map shall become effective upon passage by the town council. The subsections of this section pertaining to deadlines shall not be construed to apply to any extension consented to by an applicant.

(b)

Review by planning commission. Among its findings and recommendations to the town council with respect to a proposal for adoption, amendment or repeal of a zoning ordinance, section of this chapter or zoning map, the planning commission shall:

(1)

Include a statement on the general consistency of the proposal with the comprehensive plan, including the goals and policies statement, the implementation program, and all other applicable elements of the comprehensive plan; and

(2)

Include a demonstration of recognition and consideration of each of the applicable general purposes of zoning, as presented in section 21-4.

(c)

Notice and hearing requirements. Requirements for notice and hearing shall be as follows:

(1)

No zoning ordinance or section of this chapter shall be adopted, repealed or amended until after a public hearing has been held upon the question before the town council. The town council shall first give notice of the public hearing by publication of notice in a newspaper of general circulation within the town at least once each week for three successive weeks prior to the date of the hearing, which may include the week in which the hearing is to be held, at which hearing opportunity shall be given to all persons interested to be heard upon the matter of the proposed ordinance. Written notice, which may be a copy of the newspaper notice, shall be mailed to the associate director of the division of planning of the state department of administration and, where applicable, to the parties specified in subsections (c)(2) through (c)(5) of this section at least two weeks prior to the hearing. The newspaper notice shall be published as a display advertisement, using a type size at least as large as the normal type size used by the newspaper in its news articles, and shall:

a.

Specify the place of the hearing and the date and time of its commencement;

b.

Indicate that adoption, amendment or repeal of a zoning ordinance is under consideration;

c.

Contain a statement of the proposed amendments to the ordinance that may be printed once in its entirety or that summarizes and describes the matter under consideration;

d.

Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied; and

e.

State that the proposals shown thereon may be altered or amended prior to the close of the public hearing without further advertising, as a result of further study or because of the views expressed at the public hearing. Any alteration or amendment must be presented for comment in the course of the hearing.

(2)

Where a proposed general amendment to an existing zoning ordinance includes changes in an existing zoning map, public notice shall be given as required by subsection (c)(1) of this section.

(3)

Where a proposed amendment to an existing ordinance includes a specific change in a zoning district map, but does not affect districts generally, public notice shall be given as required by subsection (c)(1) of this section, with the additional requirements that:

a.

Notice shall include a map showing the existing and proposed zoning district boundaries, existing streets and roads and their names, and the town boundaries where appropriate; and

b.

Written notice of the date, time and place of the public hearing and the nature and purpose thereof shall be sent to all owners of real property whose property is located in or within not less than 200 feet of the perimeter of the area proposed for change, whether within the town or within an adjacent city or town. The notice shall be sent by certified mail to the last known address of each owner, as shown on the current real estate tax assessment records of the town.

(4)

Notice of a public hearing shall be sent by first class mail to the city or town council of any city or town to which one or more of the following pertain:

a.

Which is located in or within not less than 200 feet of the boundary of the area proposed for change; or

b.

Where there is a public or quasipublic water source or private water source that is used or is suitable for use as a public water source, within 2,000 feet of any real property that is the subject of a proposed zoning change, regardless of municipal boundaries.

(5)

Notice of a public hearing shall be sent to the governing body of any state or municipal water department or agency, special water district or private water company that has riparian rights to a groundwater or surface water resource and/or surface watershed that is used or is suitable for use as a public water source and that is within 2,000 feet of any real property which is the subject of a proposed zoning change; provided, however, that the governing body of any state or municipal water department or agency, special water district or private water company has filed with the building inspector in the town a map survey, which shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land within 2,000 feet thereof.

(6)

No defeat in the form of any notice under this section shall render any ordinance or amendment invalid, unless the defect is found to be intentional or misleading.

(7)

Costs of any notice required under this section shall be borne by the applicant.

(8)

In granting a zoning ordinance amendment, notwithstanding the provisions of permitted uses in each zoning district, the town council may limit the change to one of the permitted uses in the zone to which the subject land is rezoned and impose such limitations, conditions and restrictions, including, without limitation, the following:

a.

Requiring the petitioner to obtain a permit or approval from any and all state or local governmental agencies or instrumentalities having jurisdiction over the land and use which are the subject of the zoning change;

b.

Those relating to the effectiveness or continued effectiveness of the zoning change; and/or

c.

Those relating to the use of the land as it deems necessary.

The town clerk shall cause the limitations and conditions so imposed to be clearly noted on the zoning map and recorded in the land evidence records; provided, however, for a conditional zone change, the limitations, restrictions and conditions shall not be noted on the zoning map until the zone change has become effective. If the permitted use for which the land has been rezoned is abandoned or if the land is not used for the requested purpose for a period of two years or more after the zone change becomes effective, the town council may, after a public hearing as set forth in this section, change the land to its original zoning use before the petition was filed. If any limitation, condition or restriction in an ordinance is held to be invalid by a court in any action, that holding shall not cause the remainder of the ordinance to be invalid.

The requirements of this subsection are to be construed as minimum requirements.

(d)

Appeals of town council decision. Procedures for appeals of town council decisions are as follows:

(1)

An appeal of an enactment of or an amendment to a zoning ordinance may be taken to the county superior court by filing a complaint, as set forth in this section, within 30 days after the enactment or amendment has become effective. The appeal may be taken by an aggrieved party or by a legal resident or landowner of the town or by any association of residents or landowners of the town. The appeal shall not stay the enforcement of the zoning ordinance, as enacted or amended, but the court may, in its discretion, grant a stay on appropriate terms, which may include the filing of a bond, and make such other orders as it deems necessary for an equitable disposition of the appeal.

(2)

The complaint shall set forth with specificity the area in which the enactment or amendment does not conform with the comprehensive plan and/or the manner in which it constitutes to taking of private property without just compensation.

(3)

The review shall be conducted by the court without a jury. The court shall first consider whether the enactment or amendment of the zoning ordinance is in conformance with the comprehensive plan. If the enactment or amendment is not in conformance with the comprehensive plan, the court shall invalidate the enactment or the amendment or those parts of the amendment that are not in conformance with the comprehensive plan. The court shall not revise the ordinance to conform with the comprehensive plan, but may suggest appropriate language as part of the court decision.

(4)

If there is an aggrieved party, where the court has found that the enactment or amendment of the zoning ordinance is in conformance with the comprehensive plan, the court shall next determine whether the enactment or amendment works as a taking of property from the aggrieved party. If the court determines that there has been a taking, the court shall remand the case to the town council, with its findings that a taking has occurred, and order the town to either provide just compensation or rescind the enactment or amendment within 30 days.

(5)

The superior court shall retain jurisdiction, if the aggrieved party and the town do not agree on the amount of compensation, in which case the superior court shall hold further hearings to determine and to award compensation. Furthermore, the superior court shall retain jurisdiction to determine the amount of an award of compensation for any temporary taking, if that taking shall exist.

(6)

The court may, in its discretion, upon motion of the parties or on its own motion, award reasonable attorney's fees to any party to an appeal, as set forth in this section, including the town.

(Ord. No. 94-12, § 1, 6-27-1994; Ord. No. 94-18, § 1, 10-17-1994; Ord. No. 01-1, § 5, 2-12-2001; Ord. No. 07-02, § 3, 2-5-2007)

Where development plan approval is required by this chapter, unless specifically designated to another town official, the planning commission will have the administrative duty to review the development plan and other submission material for the proposed development to ensure compliance with the intent and requirements of this chapter. The building official shall not grant a building permit until the planning commission has approved the development plan. Such building permit must be requested within one year of the date of approval unless the approving agency grants additional time as a condition of approval.

(Ord. No. 94-12, § 1, 6-27-1994; Ord. No. 07-02, § 4, 2-5-2007)

(a)

In interpreting and applying the sections of this chapter, such sections shall be held to be the minimum requirements adopted for the promotion of health, safety, comfort, convenience or the general welfare.

(b)

The lot, open space or yard areas required by this chapter for a particular building shall not be diminished and shall not be included as part of the required lot, open space or yard areas of any other building. If the lot, open space or yard areas required by this chapter for a particular building are diminished, the continued existence of such building shall be deemed to be a violation of this chapter. The lot, open space or yard areas of buildings existing on the effective date of the ordinance from which this chapter derives shall not be diminished below the requirements provided in this chapter for buildings erected, and such required areas shall not be included as part of the required areas of any buildings erected after the effective date of the ordinance from which this chapter derives.

(c)

This chapter shall not repeal, abrogate, annul or in any way impair or interfere with any existing provision of law or ordinance or any rules or regulations previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings or premises; provided that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger lots or yards than are imposed or required by such existing provisions or regulations, the provisions of this chapter shall be in force.

(Ord. No. 94-12, § 1, 6-27-1994)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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

Accessory dwelling unit means a second dwelling unit subordinate in size to a principal dwelling unit on an owner-occupied lot, located in either the principal dwelling or an existing accessory structure on the same premises, having separate cooking and sanitary facilities and its own legal means of ingress and egress. Any new accessory dwelling unit shall be constructed so as to maintain the appearance and essential character of a single-family dwelling and any existing accessory structures. For required lot area, maximum density, and other zoning purposes, accessory dwelling units shall not be considered to be "dwelling units" unless explicitly stated otherwise in this chapter.

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. An accessory use shall not be permitted without the principal use to which it is related.

Accessory vehicle storage adjacent to motor vehicle dealership means the storage of motor vehicles on a property that is situated in North Kingstown that is adjacent to a property situated in another municipality that is used primarily for the sale of motor vehicles.

Adaptive apartment means a rental dwelling unit created from an existing unpermitted dwelling unit pursuant to section 21-325(16).

Administrative officer means the director of planning and development.

Adult-use cannabis or recreational cannabis means, as defined by RIGL 1956, § 21-28.11, cannabis which may be legally possessed and consumed for nonmedical purposes by a person who is at least 21 years of age.

Affordable housing means housing that has a sales price or rental amount that is within means of a household that is moderate income or less, as specified in RIGL 1956, § 42-128-8.1(d)(1). Only that affordable housing which qualifies as "low or moderate income housing" (see definition below) is credited towards meeting the ten percent goal of the Low and Moderate Income Act.

Aggrieved party means:

(1)

Any person who can demonstrate that the person's property will be injured by a decision of any town officer or agency responsible for administering this chapter; or

(2)

Anyone requiring notice pursuant to this chapter.

Agricultural land means land suitable for agriculture because of suitability of soil or other natural characteristics or past use for agricultural purposes. Agricultural land includes that defined as prime agricultural land or additional farmland of statewide importance for this state by the Soil Conservation Service of the United States Department of Agriculture.

Agricultural lands (TDR) means those lands preserved for agricultural use as part of a sending area land development project. The development rights associated with those lands shall be vested in certificates of development rights and are potentially transferable to receiving area zoning districts.

Airport hazard area means any areas of land or water upon which an airport hazard might be established if not prevented as provided in RIGL 1956, § 1-3-1 et seq.

Ambulatory and urgent health care means health care services provided to outpatients whose condition does not require emergency medical care as defined herein, by or under the supervision of a physician/dentist licensed in Rhode Island pursuant to RIGL 1956, chs. 5-37 and 5-31.1 respectively.

Animal feeding operation, as defined by the United States Environmental Protection Agency (EPA) found at https://www.epa.gov/npdes/animal-feeding-operations-afos.

Animal hospital means an establishment of a licensed practitioner primarily engaged in the practice of veterinary medicine, dentistry or surgery for pets such as horses, rabbits, dogs, cats, and birds and other pets with overnight keeping of pets which require continued medical attention.

Animal kennel and/or animal board kennel means an establishment primarily engaged in overnight boarding of pets such as dogs and cats, without performing veterinary services and including an animal shelter operated by a nonprofit organization.

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

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

Area median income (AMI) means the median household income as determined by the federal Department of Housing and Urban Development (HUD) as of the date of marketing of the housing unit for the designated statistical area where the unit is to be located, adjusted for household size by HUD and by RI Housing.

Automobile service station means any premises used for supplying gasoline and oil, tires, accessories and services for automobiles at retail direct to the motorist consumer, including the making of minor repairs, but not including such major repairs as provided by an automobile repair establishment, such as:

(1)

Spray painting.

(2)

Body, fender, clutch, transmission, differential axle, spring and frame repairs.

(3)

Major overhauling of engines requiring removal therefrom of the cylinder head or of the crankcase pan.

(4)

Repairs of the radiator requiring removal thereof.

(5)

Complete recapping and retreading of tires.

Automobile services means any service station, storage garage, repair and auto body service or carwash.

BACT (best available controls practices) means the best available nonpoint pollution control practices, technologies, processes, siting criteria, operating methods, or other alternatives to reduce pollutants and prevent or reduce the degradation of the groundwater.

Barbershop means any structure where the act of barbering, as defined in RIGL 1956, § 5-27-a, as amended, is carried on.

Bed and breakfast means an owner-occupied building designed, used and occupied as a single-family residence managed by the property's owner and having, as an accessory use, bedroom accommodations and breakfast provisions for those accommodated as paying guests.

Bedroom, for the purpose of establishing a yield plan, means any room in a residential structure that is used to calculate wastewater design flow pursuant to the Rhode Island Department of Environmental Management's (RIDEM) most recent version of Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems.

Billboard means any off-premises sign exceeding 15 square feet in area.

BMP (best management practices) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices designed to prevent or reduce the degradation of the state's groundwater to the maximum extent possible (RIDEM Groundwater Quality Rules 250-RICR-150-05-3).

Buffer means land which is maintained in either a natural or landscaped state, and which 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 of occupancy.

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

(1)

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

(2)

The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a 100-year storm, less the average existing grade elevation. CRMC shall reevaluate the appropriate suggested design elevation map for the exclusion every ten years, or as otherwise necessary.

Building story means the portion of a building which is between one floor level and the next higher floor level. Such space shall be designed with adequate dimensions to reasonably accommodate daily use in the case of a non-residential use or habitation in the case of a residential use. Attic or subsurface spaces shall not qualify as a story. If a mezzanine floor area exceeds one-third of the area of the floor immediately below it, the mezzanine shall be deemed to be a story.

Business incubator means a manufacturing or office facility designed to support and encourage the growth of small start-up businesses by providing business support services, opportunities for shared equipment and technology information, sources of financing or other services. Activities may include assembly of manufactured products, research and development, and other activities associated with manufacturing.

Cannabis or marijuana or marihuana means all parts of any plant of the genus cannabis as defined by RIGL 1956, § 21-28.11, and whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin including tetrahydrocannabinol; provided, however, that "cannabis" shall not include:

(1)

The mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil or cake made from the seeds of the plant or the sterilized seed of the plant that is incapable of germination;

(2)

Hemp; or

(3)

The weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink or other products,

Cannabis cultivator or marijuana cultivator means, as defined by RIGL 1956, § 21-28.11, an entity licensed to cultivate, process and package cannabis, to deliver cannabis to cannabis establishments and to transfer cannabis to other cannabis establishments, but not to consumers.

Cannabis establishment or marijuana establishment means, as defined by RIGL 1956, § 21-28.11, a cannabis cultivator, cannabis testing laboratory, cannabis product manufacturer, cannabis retailer, hybrid cannabis retailer or any other type of licensed cannabis-related business.

Cannabis retailer or marijuana retailer means, as defined by RIGL 1956, § 21-28.11, an entity licensed pursuant to RIGL 1956, § 21-28.11-10.2 to purchase and deliver cannabis and cannabis products from cannabis establishments and to deliver, sell or otherwise transfer cannabis and cannabis products to cannabis establishments and to consumers.

Cannabis testing laboratory means, as defined by RIGL 1956, § 21-28.11, a third-party analytical testing laboratory that is licensed annually by the commission, in consultation with the department of health, to collect and test samples of cannabis and cannabis products pursuant to regulations issued by the commission and is:

(1)

Independent financially from any medical cannabis treatment center or any licensee or cannabis establishment for which it conducts a test; and

(2)

Qualified to test cannabis in compliance with regulations promulgated by the commission pursuant to this chapter. The term includes, but is not limited to, a cannabis testing laboratory as provided in RIGL 1956, § 21-28.11-11.

Capacity and land capacity mean 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.

Capital improvement program means a proposed schedule of all future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project.

Cardholder means a person who has been registered or licensed with the department of health or the department of business regulation pursuant to this chapter and possesses a valid registry identification card or license.

Caregiver cultivation means marijuana cultivation for medical use only by a single registered caregiver cardholder, as defined in RIGL 1956, § 21-28.6.

Carryout restaurant means an establishment whose business is the preparation and sale of food, frozen desserts or beverages to the customer in a ready-to-consume state and whose design or method of operation is such that food or beverages are served in disposable containers, and no provision is made for consuming the items on the premises.

Certificate of completeness means a notice issued by the administrative officer informing an applicant that the application is complete and meets the requirements of the town's regulations, and that the applicant may proceed with the approval process.

Certificate of development rights means a document issued and maintained by the director of planning that serves as the official record for quantification, ownership, sale or extinguishing of transferable development rights associated with land in the sending area overlay district.

Certificate of retained development rights means a document issued and maintained by the director of planning that serves as the official record for quantification, ownership, sale or extinguishing of non-transferable development rights associated with land in the sending area overlay district.

Clinical veterinary office means an establishment of a licensed practitioner primarily engaged in the practice of veterinary medicine for pets such as horses, rabbits, dogs, cats, and birds and other pets without overnight boarding.

Club or lodge, private, means any building and facility owned or operated by a corporation, association or person for a social, educational or recreational purpose.

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

Coastal features means coastal features as defined in RIGL 1956, § 46-23-1 et seq.

Commercial feedlot. A feedlot or feed yard is a type of animal feeding operation (AFO) which is used in intensive animal farming for finishing livestock, notably beef cattle, but also swine, horses, sheep, turkeys, chickens or ducks, prior to slaughter. They may contain thousands of animals in an array of pens.

Commercial greenhouse means a structure utilized for seed germination, plant propagation, hardening-off of, forcing or maintenance of a controlled climate to sustain plant growth otherwise not possible in natural out-of-door surroundings.

Commercial laundering means any plant or equipment conducted or operated as a laundry for profit and for which business is solicited.

Commercial on-site photo processing including, but not limited to x-rays means commercial on-site photo or x-ray processing that is carried out without the use of any chemicals, liquid or solid (i.e., digital imaging) is allowable. Photo and/or x-ray processing facilities that require chemical as a part of their process are prohibited.

Commercial paint application shop. This use is characterized by the application of paint and/or epoxy products with any process other than a hand-held brush. Commercial paint application shops that can show proof of the use of only non-toxic latex or water based paints are allowable. Additionally, the use of any solvent-based products for applicator, brush or equipment cleaning is prohibited.

Commercial salvage yard means an establishment or place of business which is maintained, operated or used for salvaging, storing and selling parts from wrecked vehicles, machinery and structures.

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 residence means a home or residential facility where children and/or adults reside in a family setting and who 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:

(1)

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

(2)

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

(3)

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

(4)

A community transitional residence providing care or assistance, or both, to no more than six persons or no more than three families, not to exceed a total of eight persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, abuse, or neglect and who are expected to reside in that residence not less than 60 days and not 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.

Compact village development (CVD) means a land development project that is authorized pursuant to section 21-95 of this chapter and incorporates a mix of residential and nonresidential uses in a compact, walkable environment.

Compassion center means a not-for-profit corporation, subject to the provisions of RIGL 1956, tit. 7, ch. 6, and registered under RIGL 1956, § 21-28.6-12, that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies, or dispenses medical marijuana, and/or related supplies and educational materials, to patient cardholders and/or their registered caregiver cardholder or authorized purchaser.

Compassion center cardholder means a principal officer, board member, employee, volunteer, or agent of a compassion center who has registered with the department of health or the department of business regulation and has been issued and possesses a valid, registry identification card.

Comprehensive plan means the comprehensive plan adopted and approved pursuant to RIGL 1956, § 45-22.2-1 et seq., and to which any zoning adopted pursuant to RIGL 1956, § 45-24-1 et seq. shall be in compliance.

Conservation development means a type of land development project which utilizes certain site planning techniques as set forth in the subdivision and land development regulations in order to conserve open land, protect site features and provide flexibility in the siting of structures, services and infrastructure.

Conservation lands (TDR) means those lands preserved in a natural state and/or for those uses allowable by the planning commission as part of a sending area land development project. The development rights associated with those lands shall be vested in certificates of development rights and are potentially transferable to receiving area zoning districts.

Convalescent home means an establishment which provides full-time convalescent or chronic care for the aged or infirm. No intensive care treatment commonly provided in hospitals shall be provided in such a home.

Conventional subdivision. A subdivision in which all lots meet the minimum requirements of the appropriate zoning district and all land being subdivided is dedicated to either development lots or street right-of-way with no common open space. Not a cluster or conservation development.

Day care means as follows:

(1)

Day care center means any other day care center that is not a family day care home.

(2)

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

(3)

Group family day care home means a residence occupied by an individual of at least 21 years of age who provides care for not less than nine and not more than 12 children, with the assistance of one or more approved adults for any part of a 24-hour day. The maximum of 12 children shall include children under six years of age who are living in the home, schoolage children under the age of 12 years whether they are living in the home or are received for care, and children related to the provider who are received for care.

Days means calendar days.

Denial of a special exception for low- and moderate-income housing means the zoning board of review:

(1)

Refuses to grant a comprehensive permit; or

(2)

Extends the hearing without reasonable cause.

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

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

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

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

Development rights. In the context of transfer of development rights, the right to develop the maximum number of detached single family dwelling units or the maximum amount of office space that can reasonably be permitted on a designated sending area parcel under the applicable local, state and federal regulations (see also "yield plan").

Director means the director of planning and development.

Display means any items, materials or inventory that is/are assembled and ready for immediate sale to customers in a retail area, and also including samples of items available for sale.

District. See Zoning use district.

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

Drive-in establishment means any business, the major operation of which is over-the-counter service, generating a high turnover of customers and a large volume of traffic.

Duplex means a single building containing two dwelling units.

Dwelling means a building containing one or more dwelling units and no other principal uses.

Dwelling, two-family means a dwelling containing two dwelling units, neither of which complies with the requirements of section 21-325(7) of this chapter for an accessory dwelling unit.

Dwelling unit means 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.

Educational and training center means a facility operated and maintained by an entity wherein the employees of that entity are provided training to assist such employees in performing employment duties with the entity; or, alternatively, a facility operated by a government or nonprofit entity for the purpose of providing job skills and employment training.

Establishment means an enterprise that is carried on for profit by the owner, lessee or licensee.

Extraction industry means the extraction of minerals including solids such as coals 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 related by blood, marriage or other legal means. See also Household.

Farm brewery means a facility located on a farm or as part of an agricultural operation of no less than five acres for the brewing of beer which is manufactured, in part, with at least one primary ingredient including, but not limited to, hops, grain and fruit grown on the premises, where customers have the opportunity to tour the farm and production facilities, sample beer and purchase and consume beer offsite in accordance with RIGL 1956, § 3-6.

Farm distillery means an establishment or facility on a farm that manufactures intoxicating liquor on the premises and has been issued a manufacturers license under applicable RIGL 1956, § 3-6-1.

Farm wineries means a plant or premises located on a property of no less than five acres with a primary agricultural use, where wine is produced, fermented, blended or fortified from fruits, flowers, herbs, or vegetables, that shall cultivate wine or winery products on the premises for sale as defined by RIGL 1956, § 3-6-1.1, as amended, and where customers have the opportunity to tour the farm and production facilities, sample wine, and purchase wine for onsite or offsite consumption. The winery shall be required to meet all local and state licensing and zoning requirements.

Farmers' market means an occasional or periodic market, with goods offered for sale to the general public by individual sellers from open-air or semi-enclosed facilities or temporary structures. The market is composed of three or more vendors with outdoor stalls, stands or spaces used for the purpose of display and sale of merchandise, which is limited to home produced or locally grown farm produce, food, and agricultural crafts.

Fast-food restaurant means an establishment whose 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 method of operation is such that food or beverages are served in disposable containers.

Federally insured or assisted housing means:

(1)

Low-income housing units insured or assisted under sections 221(d)(3) and 236 of the National Housing Act (12 USC 1701 et seq.);

(2)

Low-income housing units produced with assistance under section 8 of the U.S. Housing Act of 1937 (42 USC 1401 et seq.); and

(3)

Rural low-income housing financed under section 515 of the Housing Act of 1949 (12 USC 1715Z).

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

Floodplain and flood hazard area mean an area that has a one-percent 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 (PL 90-448) (42 USC 4011 et seq.).

Freestanding accessory solar energy system means a freestanding solar energy system that is incidental and subordinate to the principal use(s) of a parcel.

Freestanding solar energy system means a solar energy system that is not attached to a structure and is ground mounted.

GAA means those groundwater resources which the director of the state department of environmental management has designated to be suitable for public drinking water use without treatment and which are located within the areas described in RI Groundwater Quality Rules (250-RICR-150-05-3) §§ 3.9(A)(1)(a) through (c), [codified herein as subsections (1)—(3),] below.

(1)

Groundwater reservoirs and portions of their recharge areas as delineated by the department.

(2)

Wellhead protection areas for community water supply wells delineated in accordance with § 3.16 of the RI Groundwater Quality Rules. Wellhead protection areas for community water supply wells will by definition be considered reclassified to GAA at the time of approval of the community water supply well by the state department of health.

(3)

Groundwater dependent areas that are physically isolated from reasonable alternative water supplies and where the existing groundwater supply warrants the highest level of protection. Block Island is the only area currently designated pursuant to this provision.

Gross floor area means the total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

Groundwater and associated terms mean as defined in RIGL 1956, § 46-13.1-3.

Groundwater overlay zones means both "wellhead protection overlay zone" and "groundwater protection overlay zone."

Groundwater reservoirs means those stratified drift deposits having a saturated thickness greater than or equal to 40 feet and a transmissivity greater than or equal to 4000 feet squared per day which have been designated by the director (RIDEM) to be potentially significant sources of water.

Hairdresser and cosmetician mean any person who arranges, dresses, curls, cuts, waves, singes, bleaches or colors the hair or treats the scalp, manicures the nails of any person, either with or without compensation, or who by the use of the hands or appliances or of cosmetic preparations, antiseptics, tonics, lotions, creams, powders, oils, clays engages, with or without compensation, in massaging, cleaning, stimulating, manipulating, exercising or beautifying or in doing similar work upon the neck, face or arms or who removes superfluous hair from the body of any person.

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

Hardship. See subsection 21-11(b), zoning board of review powers and duties.

Hazardous materials and toxic materials mean any substance or combination or substances which, because of quantity, concentration or physical, chemical or infectious characteristics, poses a significant present or potential hazard to water supplies or to human health. Any substance considered a hazardous or toxic waste under section 3001 of the Resource Conservation Recovery Act of 1976, 40 CFR 26; as defined under RIGL 1956, § 23-19.1-1 et seq., as amended; as defined by 40 CFR 116 pursuant to section 311 of the Federal Clean Water Act and subsequent amendments thereto; or as defined by section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1989 (42 USC 9605), as amended, shall also be considered hazardous for the use of this chapter.

Health and fitness facility means a facility maintained by an entity which may or may not include saunas, steam baths and Jacuzzis, or other such similar equipment, where the employees of the entity are offered or provided facilities for and instruction in general health, physical fitness, and exercises such as weightlifting, calisthenics and aerobics.

Health care facilities, hospitals, nursing and convalescent homes means the category of medical facility that is characterized by the need for patients to remain at the facility for periods of 24 hours or longer.

Helistop means a landing area used for the landing and taking off of a helicopter for the purposes of picking up and discharging of passengers or cargo.

High strength wastewater means wastewater characterized by biological oxygen demand (BOD) of greater than 300 mg/l, total suspended solids of greater than 350 mg/l and/or fats, oils and grease (FOG) of greater than 150 mg/l. Additionally, elevated concentrations of petroleum constituents and phosphates can allow for wastewater to be characterized as high strength. Uses that typically produce high strength wastewater include, but are not limited to, the following: restaurants, coffee shops and convenience stores, food processing facilities, supermarkets that include on-site food preparation, nursing homes and other overnight medical and care facilities, hotels, motels, bed and breakfasts & inns with food preparation, funeral homes with on-site embalming facilities, car washes, laundromats, RV and marine pump out facilities, and gas stations with food or drink dispensing facilities.

Historic district means one or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site and which has been registered or is deemed eligible to be included on the state register of historic places pursuant to RIGL 1956, § 45-45-5. See also the definition of the term "historic district" in section 21-333.

Historic site means any real property, humanmade structure, natural object or configuration or any portion or group of such property, object or configuration which has been registered or is deemed eligible to be included on the state register of historic places pursuant to RIGL 1956, § 45-5-5.

Home improvement stores means retail establishments selling a variety of home and building related items including, but not limited to, plumbing supplies and fixtures, electrical supplies and fixtures, paint, hardware, power tools, flooring, appliances, garden and nursery products and equipment.

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

Hotel means a building, group of buildings or a portion thereof used or offered for residential occupancy for any period less than one month, with or without meals, and in which such building or portion thereof may be certain public rooms or halls for the service of food and drink.

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.

Housing unit. See Dwelling unit.

Hybrid cannabis retailer or hybrid compassion center means, as defined by RIGL 1956, § 21-28.11, a compassion center licensed pursuant to chapter 28.6 of this title that is in good standing with the department of business regulation and that has paid the fee pursuant to RIGL 1956, § 21-28.11-10 and has been authorized to sell nonmedical or adult-use cannabis to consumers.

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

Inclusionary unit means a low or moderate income housing unit (see definition below) that meets the affordability level, unit type, and other requirements of article XXII, enabling it to be counted towards the requirements of that section.

Indoor commercial recreation means a recreational activity, carried out for profit, conducted entirely within a building or substantial structure such as bowling alleys, billiard and pool halls, exercise facilities, skating rinks and the like, which may include accessory uses such as retail, food service, personal convenience service and office activities.

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

Junkyard and salvage yard mean any place where two or more motor vehicles not in running condition or parts thereof are stored in the open and are not being restored to operation; or any land, building or structure, used for wrecking or restoring of motor vehicles or farm machinery or parts thereof stored in the open and not being restored to operating condition.

Land development project means 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 provided for in this chapter.

Land unsuitable for development means land which has severe or very severe limitations for development. When creating new lots for development, land unsuitable for development shall not be counted towards the minimum lot area required. The following regulations shall apply:

(1)

When calculating the basic maximum number of dwelling units permitted in any residential subdivision or land development project, land included in all of the following categories shall be considered unsuitable for development and shall be deducted from the minimum building acreage of the parcel:

a.

Freshwater wetlands, except that area of perimeter wetland within 50 feet of the edge of any bog, marsh, swamp, pond or special aquatic site, and also excluding any riverbank, as defined by RIGL § 2-1-20 (1987), as amended, and any definitions contained in the rules and regulations governing the Administration and Enforcement of the Freshwater Wetlands Act, adopted pursuant to RIGL § 2-1-20.1., as amended.

b.

Water bodies.

c.

Coastal high hazard areas indicated as V and V 1-30 zones on the latest flood insurance rate map for the town.

d.

The following types of coastal features as defined in the RI Coastal Resources Management Program, as amended:

e.

The area within the easement right-of-way of an above or below-ground high voltage electrical transmission lines, generally 69 KV or higher; also including subtransmission lines 23 KV or greater, and located on a separate right-of-way other than a public street.

f.

Any area of the tract proposed to be developed as a public or private street right-of-way.

g.

Any area of ledge and/or rock outcrops visible at the land surface.

h.

High Water Table limitation districts and Flood Hazard limitation districts as defined in Article 14 of Subdivision and Land Development Regulations.

(2)

Land described in subsections (1)a.—h. above, may be included as part of any lot in any residential subdivision or land development project; provided, however, that land unsuitable for development shall not be counted toward the minimum lot area required in Article IV of the zoning ordinance. This provision shall not apply to any non-residential subdivision or development.

Landing development rights means the process by which a developer or property owner may apply development rights previously established in the sending area overlay district to parcel(s) in the receiving area for the purposes of increasing density as may be allowed in the zoning ordinance or Subdivisions and Land Development Rules and Regulations. This process involves an application for a major subdivision or land development project as applicable to the planning commission.

Large onsite wastewater treatment system means an OWTS that meets any of the following:

(1)

Any single OWTS designed to treat 5,000 gallons or more per day;

(2)

Multiple OWTSs for any project on one or more parcels of land, excluding residential subdivisions, where the total design flow for the project is 5,000 gallons or more per day;

(3)

All OWTSs serving multiple residential units in a residential subdivision, provided that the total design flow of these OWTSs, each serving more than one unit, is 5,000 gallons or more per day; or

(4)

Proposed OWTSs and existing OWTSs on the parcel that will result in a total design flow for the parcel exceeding 5,000 gallons per day.

Licensed cultivator means a person, as identified in RIGL 1956, § 43-3-6, who has been licensed by the department of business regulation to cultivate marijuana pursuant to RIGL 1956, § 21-28.6-16.

Limited access highway means a freeway or expressway providing for through traffic. Owners or occupants of abutting property on lands and other persons have no legal right to access, except at such points and in such manner as may be determined by the public authority having jurisdiction over the highway.

Limited equity housing cooperative means a cooperative housing association or corporation organized and operated primarily for the benefit of low- and moderate-income persons, having articles of incorporation and whose equity after allowance for maximum transfer value of its stock is permanently dedicated to providing housing to persons of low- and moderate income or to a charitable purpose.

Local board means the zoning board of review, planning commission, platting board of review, building official, building code board of appeal, town council or any other board or commission having authority to supervise the construction of a building or the power of enforcing municipal building, subdivision or zoning ordinances.

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.

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. In the case of through lots the lot depth shall be determined by the average distance between the two front lot lines of the parcel in question.

Lot frontage means that portion of a lot abutting a street. Noncontiguous frontage shall not be considered with regard to meeting the minimum frontage requirement.

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 including the following:

(1)

Front means the lot line separating a lot from a street right-of-way. On a corner lot or a through lot, both lot lines which separate the street right-of-way from the lot are considered front lot lines;

(2)

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

(3)

Side means any lot line other than a front lot line or rear lot line.

In the case of through lots or corner lots such lots shall be deemed to have no rear lot line and only front and side lot lines as described above.

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

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

Low and moderate-income housing means affordable housing (as defined above) which is subsidized by a federal, state or municipal government subsidy to assist its construction or affordability, has that affordability assured for at least 30 years through a land lease and/or deed restriction, and complies with certain other requirements as specified in RIGL 45-53-3(5). All low and moderate income housing units are "affordable housing" as herein defined, but only those low and moderate income housing units which meet the further requirements of article XXII of this chapter are credited towards satisfying the obligations of a development under this chapter to provide for inclusionary units.

Marijuana has the meaning given that term in RIGL 1956, § 21-28-1.02(26).

Marijuana store means any retail establishment at which the sale or use of marijuana, medical or otherwise, takes place. This shall not include a compassion center regulated and licensed by the State of Rhode Island, as defined herein.

Marina means any dock, pier, wharf, float, floating business or combination of such facilities that serves five or more recreational boats as a commercial enterprise or in association with a club.

Master plan means an overall plan for a proposed project site outlining general, rather than detailed, development intentions. It describes the basic parameters of a major development proposal, rather than giving full engineering details.

Maximum groundwater table elevation means that level observed when the groundwater is at its highest level during the year or the highest level observed in past years when such information is available.

Medical cannabis means, as defined by RIGL 1956, § 21-28.11, cannabis and cannabis products that satisfy the requirements of chapter 28.6 of this title and have been given the designation of "medical cannabis" or "medical marijuana" due to dose, potency and form. Medical cannabis products are only available for use by patient cardholders, and may only be sold to or possessed by patient cardholders, or their registered caregiver, or authorized purchaser in accordance with chapter 28.6 of this title. Medical cannabis may not be sold to, possessed by, manufactured by, or used by any person except as permitted pursuant to chapter 28.6 of this title.

Medical cannabis treatment center or Medical marijuana treatment center, as defined by RIGL 1956, § 21-28.11, includes a compassion center, a medical marijuana emporium, or marijuana establishment licensee who operates a treatment center, as defined in RIGL 1956, § 21-28.6-3.

Medical clinic means a building used for diagnosis and treatment of ill, infirm or injured persons but which does not provide board, room or inpatient hospital care.

Medical or biological laboratories, clinics or research facilities means facilities in this category with processes that can be carried out without the use of any chemicals, liquid or solid, are allowable.

Medical marijuana cultivation center means any entity that, under state law, may acquire, possess, cultivate, manufacture, deliver, transfer, transport, or supply medical marijuana, to a registered compassion center, or other entity authorized to dispense medical marijuana.

Medical marijuana emporium as defined in RIGL 1956, § 21-28.6-3 means any establishment, facility or club, whether operated for-profit or nonprofit, or any commercial unit, at which the sale, distribution, transfer, or use of medical marijuana or medical marijuana products is proposed and/or occurs to, by or among registered patients, registered caregivers, authorized purchaser cardholders or any other person. This shall not include a compassion center regulated and licensed by the department of business regulation pursuant to the terms of this chapter.

Mere inconvenience. See section 21-11, zoning board of review powers and duties.

Mixed use means the inclusion of more than one general type of land use within a single structure or site development as they are grouped in the land use table under article III. For the purposes of this ordinance, all mixed use projects shall include a residential component that is fully integrated into the site or structure in a way that enables residents to easily access non-residential amenities.

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

Mobile home dwelling unit lot means the area within a mobile home park upon which a mobile home dwelling unit is located including the area taken up by the footprint of the mobile home dwelling unit as well as the area surrounding the mobile home dwelling unit as specified in section 21-325(14)c, or:

(1)

Such reduced area as may have been occupied by a mobile home dwelling unit prior to May 7, 2001; or

(2)

Such reduced area as may have been created by a license issued pursuant to chapter 10 of this Code prior to May 7, 2001, regardless of the existence of a mobile home dwelling unit on such mobile home dwelling unit lot.

Modification means permission granted and administered by the town zoning administrator and pursuant to this chapter to grant a dimensional variance from the minimum setback requirements of this chapter to a limited degree as determined by this chapter, but not to exceed 25 percent of each of the applicable dimensional requirements.

Motel. See Hotel.

Multifamily dwelling means a building with three or more dwelling units, including but not limited to a townhouse.

New motor vehicle dealership an establishment primarily engaged in the business of selling, offering for sale, leasing, renting, servicing, repairing and outside storage of new motor vehicles. A new motor vehicle is a vehicle which has not been used for other than demonstration purposes and for which the original title has not been transferred from a licensed motor vehicle dealer. Any motor vehicle which is not a new motor vehicle shall be deemed to be a used motor vehicle. The sale, offering to sell, lease, rental servicing, repair and outside storage of used vehicles may be allowed only when accessory to the new motor vehicle dealership.

Nitrate-reducing cluster or satellite system, RIDEM approved means an innovative system with flows that meet or exceed 10,000 gallons per day and has been approved by the state department of environmental management as a system capable of treating effluent to a maximum discharge level of ten mg/L.

Nonconformance means a building, structure or parcel of land or use thereof lawfully existing on the effective date of the ordinance from which this chapter derives or the amendment of this chapter and not in conformity with the provisions of this chapter or amendment. Nonconformance shall be of only two types as follows:

(1)

Nonconforming by use means 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 chapter shall be nonconforming by use; or

(2)

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

Nonprofit organization means a nonprofit corporation which has tax-exempt status as determined by the United States Internal Revenue Service.

Non-residential cooperative cultivation means a use of land located in a nonresidential zone, or of a building, or a portion thereof, located in a nonresidential zone, by two or more cardholders who cooperatively cultivate medical marijuana, as defined in RIGL 1956, § 21-28.6.

Nursery products means any living tree, plant or other flora, whether or not grown on site, and any products or materials ordinarily and necessarily associated with the growing of said tree, plant or other flora, including, but not limited to, soil, mulch, fertilizer, growing containers and water delivery systems, but not including machinery, or equipment such as tractors or lawn mowers and not including decorative materials such as paving stones, fences and garden sheds.

Nursery school (municipal or commercial) means an establishment providing formal or informal education to preschool children and duly licensed by the state for that purpose.

Onsite wastewater treatment system (OWTS) means any system of piping, tanks, dispersal areas, alternative toilets or other facilities designed to function as a unit to convey, store, treat or disperse wastewater by means other than discharge into a public wastewater system.

Open air market means any outdoor area used for sales.

Open space means any land that is primarily undeveloped, including public and semipublic open lands, and private development requiring little or no construction. The purpose of this land is to provide park, recreational, historic and scenic uses, and to provide for the conservation of land and other natural resources. The following uses are considered to be in character with the concepts of this definition: farming, conservation, historic area, hunting preserves, state and local parks, parkways, playfields, playgrounds, reforestation areas and wood lots, reservations, watersheds and water supply lands, wildlife refuges, nature centers, day and overnight camps for children, golf and country clubs, and sports clubs.

Organized ambulatory care facility hereinafter referred to as OACF means a structurally distinct public or private health care establishment, institution or facility, primarily constituted, staffed and equipped to deliver ambulatory and urgent health care services as defined herein, to the general public and known by such terms as central service facility, treatment center, diagnostic center, rehabilitation center (outpatient), infirmary, outpatient clinic or health center which is not a part of a hospital, excluding however, OACFs owned and operated by professional service corporations as defined in RIGL 1956, ch. 7-5.1, (the "Professional Services Corporation Law"), or to a private practitioner's (physician, dentist or other health care provider) office, and/or operated by an individual practitioner, alone or as a member of a partnership, professional service corporation, organization or association), and those health care facilities otherwise licensed by or under the jurisdiction of the department of health and/or the department of behavioral healthcare, developmental disabilities and hospitals, or other governmental agency.

Outdoor commercial recreation means a recreational activity, carried out for profit, conducted primarily outside of an enclosed building such as tennis courts, athletic fields, swimming pools and the like, which may include indoor and outdoor accessory uses such as retail, food service, personal convenience service and office activities.

Outdoor display, small-scale means the showing of goods associated with a non-residential use outside of the primary enclosed structure along the side of the building in a manner that is designed to attract customers. Said display is generally deemed incidental to the operation of the business and display areas are not necessarily a formal element of site design. Small scale display shall not occur in front of the structure. Where the front a structure is not directed towards the roadway, the display shall not occur between the structure and the roadway, but shall occur along the side or rear of the structure. Said goods shall be returned to the inside of the structure while the business is not in operation. The display area shall not exceed five percent of the total retail floor area of the ground floor non-residential use.

Outdoor storage/display, large-scale means the keeping of goods associated with a non-residential use outside of the primary enclosed structure. Said storage or display is generally deemed integral to the operation of the business. Large scale storage or display shall occur along the side or rear of the structure.

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

Paper street means a preexisting undeveloped street which was designated for public purposes and recorded with the town clerk prior to September 1946, but which does not conform with the definition of a street as defined in this section. Any lot line bordering along a paper street shall not be considered in calculating the minimum required frontage under this chapter.

Parking area means an off-street area containing three or more parking spaces, with passageways and driveways appurtenant to such spaces and giving access thereto.

Parking area aisles means a portion of the vehicle accommodation area consisting of lanes providing access to parking spaces.

Parking space means a portion of the vehicle accommodation area set aside for the parking of one vehicle.

Patient marijuana cultivation means medical marijuana cultivation by a single registered cardholder, as defined in RIGL 1956, § 21-28.6, within his or her residential dwelling for medical use only. This use shall only be permitted as an accessory use to a lawfully permitted residential use. In a mixed-use building that contains residential and nonresidential uses, this use shall be contained within the residential dwelling unit only.

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.

Personal convenience service means activities such as barbershops or beauty shops, clothes cleaning pickup or pressing, dressmaking or tailoring, self-service laundry or dry cleaning, shoe repair, and home appliance repair shops.

Petroleum product means crude oil or any product derived from or produced as a residual to the petroleum refining process including but not limited to gasoline, fuel oil (Nos. 1, 3, 4, 5 and 6), waste oil, gasohol and diesel oil (No. 1 and No. 2-D).

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

Planning commission means the official town planning agency.

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

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

Premises means a building or structure, or piece or tract of land or real estate, whether vacant or otherwise.

Primary caregiver means a natural person who is at least 21 years old. A primary caregiver may assist no more than five qualifying patients with their medical use of marijuana.

Principal use means the main or primary purpose for which a building, other structure and/or lot is designed, arranged or intended, or for which they may be used, occupied or maintained under this chapter.

Private right-of-way means deeded rights-of-way to lots without frontage on a street.

Process wastewater means any water which, during manufacturing or processing, comes into direct contact with, or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product (USEPA).

Professional offices means operations designed to attract and serve customers or clients on the premises with low-volume customer traffic such as lawyer, doctor, dentist, architect, engineer, realtor, accountant, travel agency, stockbroker, insurance agency, computer processing services and the like.

Public agency means any state, municipal or other governmental entity or public body or its agency or instrumentality.

Rated nameplate capacity means the maximum power production capacity of the equipment, which shall be indicated by the manufacturer on a weatherproof label with a "nameplate" affixed to the equipment.

Receiving area zoning district (receiving area) means a zoning overlay district eligible to receive development rights through a major land development project review.

Recharge area means the land surface from which water is added to the zone of saturation. The recharge area for a particular well or aquifer, for instance, is that land surface from which water moves to the well or aquifer or may move to the well or aquifer under certain hydraulic conditions.

Rehabilitation means substantial upgrade or modification of the interior or exterior of the structure, correction of substantial conditions and/or replacement of major housing systems in danger of failure, but excluding repairs of owner-occupied units and privately owned rental units unless the units remain as low- or moderate-income housing for a period of not less than 30 years from initial occupancy after rehabilitation as cited in subsection 21-16(b)(2) and meet the definition of low and moderate income as defined in this section.

Research and development facility means a building for research and design of new products or ideas.

Residence, two-family, means a residential use consisting of a building containing two dwelling units.

Residential cooperative cultivation means two or more cardholders who cooperatively cultivate medical marijuana in residential locations subject to restrictions set forth in RIGL 1956, § 21-28.6.

Restaurant means a business enterprise engaged in serving and preparing food and beverages selected from a menu by patrons seated at a table or counter, served by a waitress or waiter and consumed on the premises.

Retail stores means retail establishments, the business of which is conducted entirely within a building such as general merchandise, food, dry goods and appliances, drugs, specialty items, machinery and building material.

Retained development rights. In the sending area overlay district, those development rights for a parcel(s) of land that may still be applied to said parcel(s) in the form of future residential or commercial development subject to planning commission approval.

Roof mounted solar energy system means a solar energy system mounted on the roof of a structure, including a principal or accessory structure.

Rotor diameter means the diameter of the circle defined by the moving rotor blades.

Scenic road means a road so designated in accordance with this chapter and/or in accordance with RIGL 1956, § 45-24.6-1 et seq.

Sending area overlay district (sending area) means a zoning overlay district eligible for establishing development rights that may eventually be transferred to a receiving area.

Septage means any human or animal excremental liquid or substance, and putrescible animal or vegetable matter, garbage and filth, including the discharge of water closets, laundry tubs, washing machines, sinks, dishwashers and the contents of septic tanks, cesspools and privies.

Setback line means a line 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.

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

Sharrow means a sign placed (usually painted) on the pavement of a travel lane or shoulder depicting a bicycle in tandem with an arrow pointing in the direction of traffic flow thereby indicating that the travel lane is to be shared by motorists and bicyclists.

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

Sign means any device, whether freestanding or attached to a building or structure, or that is erected, painted, represented or reproduced upon or in (to the extent provided in this chapter) any building or structure, which displays, reproduces or includes any letter, work, name, number, model, insignia, design, device or representation used for one or more of the following purposes:

(1)

To identify the premises or occupant or owner of the premises;

(2)

To advertise the sale or rental or use of all or part of any premises, including that upon which it is displayed;

(3)

To direct vehicular or pedestrian traffic other than state or municipal highway and roadway markers; and

(4)

Including any announcement, declaration, demonstration, display, illustration, insignia or any representation used to advertise or intended to advertise or promote the interest of any person or corporation.

Site control means evidence that the developer has control of the property in question; a copy of a properly executed deed, purchase and sale agreement, option agreement or lease agreement indicating the term of the lease.

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.

Soil evaluation means interpretation of the morphology and properties of the soil in a profile within a pit prepared for this purpose. Interpretation is performed by a RIDEM-licensed soil evaluator in accordance with the RIDEM OWTS rules and associated guidance document.

Solar energy system means a device to provide for the collection, conversion, storage and distribution of energy derived from solar radiation for space heating or cooling, electricity generation, or water heating.

Solid waste means garbage, refuse and other discarded solid material generated by residential, institutional, commercial, industrial and agricultural sources, but not including solids or dissolved material in domestic sewage or sludge, nor does it include hazardous waste as defined in the Hazardous Waste Management Act, RIGL 1956, § 23-19.1-1 et seq. For the purpose of this chapter, solid waste also includes asphalt; nonhazardous liquid; and semisolid, containerized gaseous waste subject to any special conditions contained in the state solid waste rules.

Solid waste management facility means any plant, structure, equipment and other property, real or personal or mixed, or the modification or replacement of any of such property for the receipt, storage, treatment, utilization, processing, transporting or final disposition of or recovery of resources from solid waste other than segregated solid waste; any facility which disposes of solid waste by reconstituting, concerting or otherwise recycling it into material which is not waste; any property or system to be used in whole or in part for any of such purposes, whether or not another purpose is also served by it; any other property or system incidental to or which has to do with the end purpose of which is any of the foregoing; or combinations of two or more of the foregoing.

Special exception or comprehensive permit means a single application for a special exception to build low- and moderate-income housing in lieu of separate applications to applicable boards.

Special permit means:

(1)

The reconstruction of a building occupied by a nonconforming use wholly or partly destroyed by fire, the public enemy, or the act of God, such reconstruction not to exceed the original floor area of the building unless the use is changed to a conforming use.

(2)

The extension of a nonconforming use or building upon the lot occupied by such use or building on the effective date of the ordinance from which this chapter derives, such extension not to exceed 25 percent of the floor area of the building unless the use of such building is changed to a conforming use.

Special use permit means a regulated use which is permitted pursuant to a special use permit issued by the authorized governmental entity, pursuant to RIGL 1956, § 45-24-42.

State housing appeals board means the board which hears appeals of denials or conditioned approvals from applicants filing an application for a comprehensive permit to construct or rehabilitate low- or moderate-income housing under the provisions of RIGL 1956, § 45-53-1 et seq.

Storage means any items, materials or inventory that is/are unassembled and not ready or intended for immediate sale and not readily accessible to customers. Outdoor storage shall only occur on the side or rear of the main structure but shall not be located within any building set-back. Outside storage does not include areas in a permanent, approved structure attached to the main structure.

Street means:

(1)

A public road, excepting a limited access highway; or

(2)

Within the Pojac Point Fire District, as established by the general assembly in Public Laws of 1950, ch. 2056, § 1:

a.

That part of a private road which on May 29, 1979, was in actual existence and provided the primary means of access to and egress from three or more lots then existing and recorded as such; or

b.

That part of a private road approved by the planning commission, as specifically provided for in the residential compound and conservation development ordinances, in accordance with the subdivision regulations.

Street classification means a method of roadway organization which identifies a street hierarchy according to function within a road system, that is, types of vehicles served and anticipated volumes, for the purposes of promoting safety, efficient land use and the design character of neighborhoods and districts. The following are the town's roadway categories:

(1)

Arterial means a major public street that serves as an avenue for the circulation of traffic into, out of, or around the town and that carries high volumes of traffic, and provides for high levels of mobility.

(2)

Collector means a public street whose principal function is to carry traffic between local streets and arterial streets but that may also provide direct access to abutting properties.

(3)

Local means a street whose primary function is to provide access to abutting properties. There are three types of local streets:

a.

Local access (double-loaded). Public streets whose primary function is to provide access to abutting properties on both sides of the street. Parking may be allowed on these streets.

b.

Local access (single-loaded). Public streets whose primary function is to provide access to abutting properties on one side of the street only. Parking should be discouraged on these streets.

c.

Local private. Private streets whose primary function is to provide access to abutting properties. Streets within residential compounds serving up to seven (7) dwelling units on a private street fall within this classification.

(4)

Limited access highway means as defined in this section.

Street, cul-de-sac, means a local street with only one outlet and having an appropriate vehicular turnaround, either temporary or permanent, at the closed end.

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.

Subdivision means the division or redivision of a lot, tract or parcel of land into two or more lots, tracts or parcels. Any adjustment to existing lot lines of a recorded lot by any means shall be considered a subdivision. All resubdivision activity shall be considered a subdivision. The division of property for purposes of financing constitutes a subdivision.

Subsidized housing means housing which receives any direct or indirect state or federal financial assistance that reduces the cost of the development and results in the creation of affordable housing units for low- and moderate-income families.

Substandard lot of record means any lot lawfully existing on the effective date of the ordinance from which this chapter derives or any amendment to this chapter and not in conformance with the dimensional and/or area provisions of this chapter.

Suitable land for development means all land without severe or very severe limitations for development and not included in the definition of land unsuitable for development. Also referred to as land suitable for development.

Tasting room means part of a winery or brewery, located on the premises of the winery or brewery's production facilities, at which guests may sample the winery or brewery's products.

TDR-parcel means the portion of any tract of land in a sending area overlay district for which a certificate of development has been applied for or obtained or for which a certificate of retained development rights has been applied for or obtained.

TDR sending area land development project means the permitting process by which development rights are established for land in the sending area. TDR sending area land development project shall be considered a major land development project.

Theater means a building devoted to showing motion pictures on one or more screens, or to stage a production within the building. A theater shall constitute one use, notwithstanding that the use may include more than one screen or auditorium within the building.

Townhouse means single-family dwelling units constructed in a series or group including three or more units with common walls.

Trade school means any school teaching manual skills.

Transferable development rights means development rights for a parcel(s) of land in the sending area overlay district that have been recorded on a certificate of development rights and may only be developed once they are successfully landed in a receiving area.

Turbine setback means the distance from the tower base to the point from which the applicable setback is measured.

Underground storage tank means any one or combination of tanks, including underground pipes connected thereto, which is used to contain an accumulation of material and the volume of which, including the volume of the underground pipes connected thereto, is ten percent or more beneath the surface of the ground.

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

Variance means permission to depart from the literal requirements of this chapter; an authorization for the construction or maintenance of a building or structure or for the establishment or maintenance of a use of land which is prohibited by this chapter. There shall be only two categories of variance, a use variance or a dimensional variance, as follows:

(1)

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

(2)

Dimensional variance means permission to depart from the dimensional requirements of this chapter where the applicant for the requested relief has shown, by evidence upon the record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use of the subject property unless granted the requested relief from the dimensional regulations. However, the fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief.

Vehicle maintenance as accessory to a permitted or special use means vehicle maintenance and repair shall be limited to work conducted entirely within an enclosed building or garage on vehicles that are registered to the person or business currently operating on the property. Total petroleum load allowed to be maintained under this special use permit shall not exceed 500 gallons.

Vested right means the right to initiate or continue the development of an approved project for a specified period of time, under the regulations that were in effect at the time of approval, even if, after the approval, the regulations change prior to the completion of the project.

Veterinary office means any structure where the practice of veterinary medicine, as defined in RIGL 1956, § 5-25-7, as amended, is carried on.

Veterinary offices means veterinary offices with kenneling facilities that are solely used for the care of animals under medical supervision are allowed as long as the facility follows best available control technologies. Veterinary offices that include kenneling facilities utilized for anything other than medically necessary supervision shall fall under the category of commercial kennels, pounds or animal shelters and must meet those requirements.

Wastewater treatment facility means a group or assemblage of processes, devices and structures for the conveyance, treatment or removal of objectionable constituents of wastewater. A wastewater treatment facility shall include, but not be limited to, all physically connected wastewater collection system piping, pumping, storage, physical, chemical and/or biological treatment, filtering and disinfection systems. For the purposes of these rules and regulations, a wastewater treatment facility shall include privately owned wastewater collection, pumping, storage and conveyance systems interconnected with and emptying into a host wastewater collection system. For the purposes of these rules and regulations, a wastewater treatment facility shall not be considered to be:

(1)

An onsite wastewater treatment system, which does not discharge into surface waters but discharge into subsurface waters; or

(2)

Any privately owned plumbing; or

(3)

Any privately owned low-pressure grinder pumps; or

(4)

Gravity sewer lines conveying an average flow of less than 30,000 gallons per day, as calculated by the department's flow estimation policy for design of sanitary sewers.

Waters means all surface waters including all waters of the territorial sea; tidewaters; all inland waters of any river, stream, brook, pond, lake and wetlands; as defined in RIGL 1956, § 46-12-1(b).

Wetland, coastal, means a salt marsh bordering on the tidal waters of the town and contiguous uplands extending no more than 50 yards inland therefrom.

Wetland, freshwater, means, as defined in RIGL 1956, § 2-1-20, a marsh, swamp, bog, pond, river, river or stream floodplain or bank, subject to flooding or storm flowage; emergent or submergent plant community in any body of freshwater; or area within 50 feet of the edge of a bog, marsh, swamp or pond, as defined in RIGL 1956, § 2-1-20.

Wholesale means any sale for resale but not for direct consumption.

Wildlife rehabilitation clinic means a facility engaged in the practice of licensed rehabilitative care of all species of injured and/or orphaned native wildlife in Rhode Island with the intent of returning them to their native habitats, which practice may involve the temporary housing/caging of such species indoors and outdoors; the facility may also include the practice of licensed veterinary care of such species. The term "native wildlife" shall have the same definition as that provided in the Rhode Island Department of Environmental Management's Division of Fish and Wildlife's ("RIDEM F&W") Rules and Regulations Governing Wildlife Rehabilitation (250 R.I. Code R. § 060-00-1), as may be amended (the "Rules and Regulations Governing Wildlife Rehabilitation").

The facility shall actively maintain a rehabilitators license issued by RIDEM F&W under its Rules and Regulations Governing Wildlife Rehabilitation. The facility may provide veterinary care to the native wildlife onsite, provided the care is provided by veterinarians engaged in the "practice of veterinary medicine" as defined in RIGL 1956, § 5-25-7, as amended, and maintaining an active rehabilitators license issued by RIDEM F&W under the Rules and Regulations Governing Wildlife Rehabilitation.

Wind energy system (WES) means a device that converts wind energy into electrical energy. A WES typically consists of a tower, nacelle body and a rotor with two or more blades. A WES includes all equipment, machinery, and structures utilized in connection with the conversion of wind to electricity, and includes, but is not limited to, transmission, storage, collection and supply equipment, substations, transformers, service and access roads, and wind monitoring and meteorological towers.

Wind energy system height means the height measured from pre-development grade to the tip of the rotor blade at its highest point, the blade-tip height, or any other highest point during operation.

Wind monitoring or meteorological tower means a temporary tower equipped with devices to measure wind speeds and direction used to determine how much wind power a site can be expected to generate (referred to as "met tower"). This includes but is not limited to SoDAR and LiDAR.

Yard means any open, unoccupied space between buildings and the building lot line. The width of the required yard shall be measured horizontally from the nearest point of the lot line toward the nearest part of the main building.

Yield plan a plan of a conventional subdivision or land development project (as opposed to a conservation development) that depicts the maximum number of building lots or dwelling units that could reasonably be built on a parcel of land under current zoning, taking into account physical constraints to development, such as wetlands, steep slopes, etc. and not including land unsuitable for development towards the minimum lot area required in the appropriate zoning district.

Zoning means the reservation of certain specified areas within the town 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 means a document signed by the zoning administrator, as required in this chapter, which acknowledges that a use, structure, building or lot either complies with or is legally nonconforming to this chapter or is an authorized variance or modification therefrom.

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

Zoning ordinance means an ordinance enacted by the town council pursuant to RIGL 1956, § 45-24-1 et seq., and in the manner providing for the adoption of ordinances in the town home rule Charter, 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 as defined in RIGL 1956, § 45-22.2-1 et seq. which includes a zoning map, and which complies with the provisions of RIGL 1956, § 45-24-1 et seq.

Zoning use 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. The districts include but are not limited to agricultural, commercial, industrial, institutional, open space and residential. Each district may include subdistricts. Districts may be combined.

(Ord. No. 94-12, § 1, 6-27-1994; Ord. No. 95-3, § 1, 5-8-1995; Ord. No. 98-7, 5-11-1998; Ord. No. 98-13, § 1, 9-14-1998; Ord. No. 00-9, § 1, 3-13-2000; Ord. No. 01-1, § 6, 2-12-2001; Ord. No. 01-7, § 1, 5-7-2001; Ord. No. 03-09, § 1, 7-7-2003; Ord. No. 06-05, §§ 4—7, 4-10-2006; Ord. No. 06-06, §§ 1, 2, 4-10-2006; Ord. No. 07-02, §§ 5, 6, 2-5-2007; Ord. No. 07-12, § 2, 6-11-2007; Ord. No. 07-21, §§ 1, 2, 9-10-2007; Ord. No. 07-22, § 1, 9-10-2007; Ord. No. 07-23, §§ 1—3, 9-24-2007; Ord. No. 08-17, § 1, 7-7-2008; Ord. No. 08-18, § 1, 7-7-2008; Ord. No. 08-19, § 1, 8-4-2008; Ord. No. 08-26, § 1, 10-20-2008; Ord. No. 10-04, § 1, 2-22-2010; Ord. No. 10-13, § 1, 8-16-2010; Ord. No. 10-16, § 1, 9-27-2010; Ord. No. 11-18, § 1, 6-27-2011; Ord. No. 11-22, § 1, 11-21-2011; Ord. No. 12-03, § 1, 2-27-2012; Ord. No. 13-19, § 1, 12-9-2013; Ord. No. 13-21, § 1, 12-9-2013; Ord. No. 17-07, § 1, 4-17-2017; Ord. No. 17-18, § 1, 9-25-2017; Ord. No. 18-02, § 1, 1-8-2018; Ord. No. 18-11, § 1, 5-7-2018; Ord. No. 19-02, § 1, 3-11-2019; Ord. No. 19-12, § 1, 8-19-2019; Ord. No. 20-10, § 1, 5-18-2020; Ord. No. 20-11, § 1, 5-18-2020; Ord. No. 21-10, § 1, 8-16-2021; Ord. No. 22-05, § 1, 3-14-2022; Ord. No. 23-03, § 1, 4-24-2023)

Cross reference— Definitions generally, § 1-2.

Any person who shall violate any of the sections of this chapter or who shall fail to comply therewith or with any of the requirements of this chapter or who shall build or alter any building in violation of any detailed statement or plan submitted and approved under this chapter shall be guilty of a misdemeanor and, upon conviction, shall be liable to a fine in accordance with section 1-4. The owner of any building or premises or part thereof, where anything in violation of this chapter shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation shall be guilty of a separate offense and, upon conviction thereof, shall be fined as provided in this section.

(Ord. No. 94-12, § 1, 6-27-1994)

Editor's note— Ord. No. 08-08, § 1, adopted June 9, 2008, amended the Code by renumbering former §§ 21-24 and 21-25 as new §§ 21-328 and 21-329.