One whose property abuts, that is, adjoins at a border, boundary, or point with no intervening land, or one whose property falls within the required radius.

A use of land or a building, or portion thereof, customarily incidental and subordinate to the principal use of the land or building. Such accessory use shall be restricted to the same lot as the principal use. Such accessory use shall not be permitted without the principal use to which it is related.

Adult entertainment specialty shops include establishments whose products consist primarily of adult video (sale, individual viewing booths or rental), adult magazines, adult still photographs which show or depict explicit sexual activity, or the sale of adult novelties including but not limited to reproductions of the human anatomy.

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

Agricultural land as defined in R.I.G.L. § 45-22.2-4.

Airport hazard area as defined in R.I.G.L. § 1-3-2.

An owner or authorized agent of the owner submitting an application or appealing an action of any official, board or agency. An authorized agent is someone who is authorized in writing by the owner of record.

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

An area of permeable deposits of rock or soil, containing significant amounts of potentially recoverable potable water.

An area where fuel for motor vehicles is dispensed. Any combination of the above will require a special use permit for each use.

A structure for the mechanical repair of motor vehicles 15,000 pounds or over. No auto body work. Any combination of the above will require a special use permit for each use.

A structure for the mechanical repair of motor vehicles under 15,000 pounds. No auto body work. Any combination of the above will require a special use permit for each use.

A structure with no more than eight guest rooms available for lodging with or without meals.

The Zoning Board of Review.

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

See "structure."

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

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, flagpoles, 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 (FIRM) or depicted on the Rhode Island Coastal Resources Management Council 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:

The permit which is required by law to be issued by Building/Zoning Official to authorize any new construction of buildings or alteration of existing structures.

A qualifying patient or a primary caregiver who has registered with the Rhode Island Department of Health or the Department of Business Regulation and has been issued and possesses a valid registry identification card.

Marijuana cultivation for medical use only by a single registered caregiver cardholder, as defined in R.I.G.L. § 21-28.6.

A subdivision 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 this chapter 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 ordinance provisions include incentive bonuses for certain types or conditions of development.

Either:

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

A not-for-profit corporation that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies or dispenses marijuana, and/or related supplies and educational materials, to patient cardholders and/or their registered caregiver cardholder, who have designated it as one of their primary caregivers.

The Comprehensive Plan adopted and approved pursuant to R.I.G.L. § 45-22.2-1 and to which any zoning adopted pursuant to this chapter shall be in compliance.

A type of land development project which allows a community to guide growth to the most appropriate areas within a parcel of land to avoid impacts to the environment and to protect the character-defining features of the property. See Article XVI.

A residential subdivision in which all land being subdivided is dedicated to either development lots or street right-of-way. In a conventional subdivision, land may also be dedicated to the Town for a number of purposes, such as recreation, utilities, transportation or public facilities, but not for common open space as provided in Section 4-5 of the Land Development and Subdivision Regulations. A conventional subdivision is not a conservation development.

A plan of a conventional (as opposed to a conservation) subdivision or land development project 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 the presence of physical constraints to development, such as land unsuitable for development. See North Smithfield Land Development and Subdivision Regulations.

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

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

The number of dwelling units per unit of land.

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

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

The deposit, injection, dumping, spilling, leaking, incineration of, or placing of any hazardous material(s) into or on any land or water so that such hazardous material(s) or any constituent thereof may enter the environment or be emitted into the air or discharged into the water, including groundwater, aquifers and recharge zones.

See "zoning district."

A structure used for housing unrelated individuals in conjunction with an allowed principal use. Usually has common dining, kitchen, and sanitary facilities.

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

Any container or bin capable of storing, transporting, receiving, hauling or emptying over 100 gallons of garbage, trash, refuse, waste, or materials, including, but not limited to, commercially available roll-off units.

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.

A residential building designed for or occupied by three or more households.

A detached, residential dwelling unit other than a mobile home, designed for and occupied by one household only.

A detached, residential building containing two dwelling units designed for occupancy by not more than two households.

To make or become larger; to increase; to expand. This shall include but is not limited to structures and land uses.

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

All contiguous land, structures and other appurtenances and improvements on land used for any one or more particular purpose.

A person, or persons, related by blood, marriage, or other legal means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household.

A temporary structure, not to exceed 180 days, visible from a street, used for display and sale of produce and dairy products without space for customers within the structure itself.

As defined in R.I.G.L. § 45-22.2-4.

Any fueling area for private use where gasoline or diesel is dispensed for use in trucks and motor vehicles; this use is accessory to the principal use on the property. The fueling facility will need to be constructed to meet all local, state and federal guidelines.

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

Water beneath the surface of the ground, whether or not flowing through known and definite channels.

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.

See R.I.G.L. § 45-24-41.

Any material or combination of materials of a solid, liquid, contained gaseous, or semisolid form which because of its quantity, concentration or physical, chemical or infectious characteristics may:

As defined in R.I.G.L. § 45-22.2-4.

A structure designed for transient occupancy containing rooms or suites with interior hallways providing living, sleeping, and sanitary facilities and other ancillary uses, including but not limited to dining, entertainment and meeting rooms.

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:

The process whereby the local authority may grant additional development capacity in exchange for the developer's provision of a public benefit or amenity as specified in local ordinances.

Any enclosed device using controlled flame combustion to treat, destroy or reduce through burning. Neither boilers nor industrial furnaces shall be classified as incinerators.

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

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 one or more uses, units, or structures, including but not limited to planned development and/or cluster development for residential, commercial, institutional, recreational, open space, and/or mixed uses as may be provided for in this chapter.

Land unsuitable for development means land which has environmental constraints or physical constraints to development. The provisions of § 340-3.5C of this chapter shall apply.

The disposal and/or burial of over three cubic yards of solid or liquid waste. For further definition, refer to Rules and Regulations for Solid Waste Management Facilities of December 1, 1982, amended February 6, 1991.

A person, as identified in R.I.G.L. § 43-3-6, who has been licensed by the department of business regulation to cultivate marijuana pursuant to R.I.G.L. § 21-28.6-16.

Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.

For purposes of this chapter, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved street and may consist of:

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

The smallest land area established by this chapter upon which a use, building or structure may be located in a particular zoning district.

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

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.

That portion of a lot abutting a street. Compliance of frontage requirements shall be contiguous frontage only.

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

A lot which is part of a subdivision or division lawfully recorded in the office of the Town Clerk, or a lot or parcel described by metes and bounds, the description of which has been so recorded before September 1, 1973.

See “lot area, minimum.”

The diagram illustrates terminology used in this chapter with reference to corner lots, interior lots, reversed frontage lots and through lots. In the diagram:[1]

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

A residential structure, transportable in one or more sections, which is eight body feet or more in width, and 32 body feet or more in length, built on an integral chassis, and designed to be used as a dwelling when connected to the required utilities. A manufactured home includes the plumbing, heating, air-conditioning and electrical systems contained therein. A manufactured home does not include travel trailers, camping trailers, truck campers, or motor homes which are primarily designed as temporary living quarters for recreational camping or travel use and would either have their own motor power or mounted or drawn by another vehicle.

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

A mobile home is a prefabricated structure intended as a full time residence that is built in a factory on a permanently attached trailer chassis.

A structure designed for transient occupancy containing rooms or suites with separate entrances providing living, sleeping, and sanitary facilities; a general kitchen and dining room may be included.

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

Two or more cardholders who cooperatively cultivate marijuana in nonresidential locations subject to the restrictions set forth in R.I.G.L. § 21-28.6-14 and this chapter.

Outdoor activity to make known and to give notice so as to call to the public's attention those things for sale, rent, lease, etc. and for such other promotional matters.

Those persons who provide outdoor advertising to other businesses.

A district established in a zoning ordinance that is superimposed on one or more districts or parts of districts. The standards and requirements associated with an overlay district may be more or less restrictive than those in the underlying districts consistent with other applicable state and federal laws.

For the purposes of this chapter, an off-street parking space shall consist of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. Off-street parking requirements will be considered to be met only when actual spaces meeting the requirements above are provided and maintained, improved in a manner appropriate to the circumstances of the case, and in accordance with all ordinances and regulations of the Town.

Marijuana cultivation by a single registered patient cardholder for medical use only, as defined in R.I.G.L. § 21-28.6.

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

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

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

A substance which causes or could cause the alteration of the chemical, physical, biological or radiological integrity of the environment.

The main purpose for which the lot and/or structure is used.

An individual engaged in an occupation requiring specialized training or educational achievement for which authentic certificates of acknowledged professionalism are granted.

Any area in which precipitation percolates to the water table and flows through subsurface materials to the aquifer.

The production from wastes of any material or energy which may be used in manufacturing, agricultural or other processes.

A motor vehicle or trailer which includes living quarters designed for accommodation. Types of RVs include motor homes, camper vans, coaches, caravans (also known as "travel trailers" and "camper trailers"), fifth-wheel trailers, popup campers, and truck campers.

Any plant, structure, equipment and other property, real, personal or mixed, dedicated to the same or reuse of recovered resources in manufacturing, agriculture, power production or other processes. This term shall not include a plant, structure, equipment or other property which reuses on site any materials recovered in the normal course of its business operation.

Two or more cardholders who cooperatively cultivate marijuana in residential locations subject to the restrictions set forth in R.I.G.L. § 21-28.6-14 and this chapter.

Any structure or structures intended for the rental, lease or purchase of storage space by the general public for the storage of nonhazardous material.

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

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

The grade, pitch, rise or incline of the topographic landform or surface of the ground.

Garbage, refuse and other discarded solid materials generated by residential, institutional, commercial, industrial and agricultural sources but does not include solids or dissolved material in domestic sewage or sewage sludge, nor does it include hazardous waste as defined in the Rhode Island Hazardous Waste Management Act, R.I.G.L. §  23-19.1-1 et seq. For purposes of this chapter, solid waste shall also include nonhazardous liquid, semisolid, and containerized gaseous wastes, subject to any special conditions contained in the Rules and Regulations for Solid Waste Management Facilities.

A regulated use which is permitted pursuant to a special use permit issued by the authorized governmental entity, pursuant to R.I.G.L. § 45-24-42 (formerly referred to as a special exception).

A public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles.

The right-of-way line of a street.

An adequate and permanent way of entering a lot. All lots of record shall have access to a public street for all vehicles normally associated with the uses permitted for that lot and for emergency vehicles.

A local street with only one outlet and having an appropriate vehicular turnaround, either temporary or permanent, at the closed end.

A street which has been brought to grade of no greater than 10%, graveled, asphalted, contains proper drainage, and is serviced by utilities and has been reviewed and approved by the Public Works Director.

A thoroughfare established as a separate tract for the benefit of certain, adjacent properties and meeting specific, municipal improvement standards. This definition shall not apply to driveways.

All public property reserved or dedicated for street traffic.

A portion of a street reserved to provide access to future development.

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. This shall not include trailers, portable storage vans or containers.

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

A structure which is a custom-built structure intended as a full time residence that is built on a trailer chassis, bus chassis or truck chassis. It may or may not be registered as a roadworthy vehicle.

The Town of North Smithfield.

A facility where collection vehicles transfer waste to haulage vehicles for transportation to final disposal sites or other waste facilities.

A vehicle, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight feet.

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

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

Any method, technique or process, including neutralization or incineration, designed to change the physical, chemical or biological character or composition of any hazardous or other waste as to neutralize such waste or so as to render such waste less hazardous, nonhazardous, safer to transport, amenable to storage or reduced in volume except such method or technique as may be included as part of the manufacturing process at the point of generation.

As defined in R.I.G.L. § 46-12-1(23).

As defined in R.I.G.L. § 45-22.2-4.

As defined in R.I.G.L. § 2-1-20.

A required open space other than a court unoccupied and unobstructed by any structure or portion of a structure. Fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.

A yard extending between side lot lines across the front of a lot adjoining a street. (See lot measurements, width).

A yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards. The depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line.

A yard extending from the rear line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with the street. In the case of through lots, side yards shall extend from the rear lines of front yards required. The width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line.

A yard behind any required yard adjacent to a street, required to perform the same functions as a side or rear yard, but adjacent to a lot line so placed or oriented that neither the term "side yard" nor the term "rear yard" clearly applies. In such cases, the Building/Zoning Official shall require a yard with minimum dimensions as generally required for a side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due regard to the orientation and location of structures and buildable areas thereon. The diagram[2] illustrates location and methods of measuring yards on rectangular and nonrectangular lots.

See "Board."

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

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 specific use. The Districts include, but are not limited to: Floodplain, Rural Estate-Agricultural, Rural Agricultural, Suburban Residential, Urban Residential, Neighborhood Business, Highway Business, Manufacturing, Aquifer, Limited Commercial, and Local Historic. Each district may include subdistricts. Districts may be combined.

The map or 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.

This chapter.