a.

Where words or terms used in this ordinance are defined in this article, they shall have the meanings stated therein, unless a contrary meaning is specifically prescribed. In addition, words used in the present tense include the future, the singular includes the plural, and the plural includes the singular. The word "used" includes "designed, maintained, occupied, intended or arranged to be used." The word "shall" is mandatory; the word "may" is permissive; the word "building" includes the word "structure"; the word "lot" includes the word "plot" or "parcel"; and the word "land" includes all wetland categories as defined herein.

b.

Definitions are also contained within articles IX, XI and XII relating to cluster developments, special flood hazard areas and sign regulations, respectively.

c.

For the purposes of this ordinance, the following terms shall have the following meanings:

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

Accessory dwelling unit (ADU): A residential living unit on the same lot where the principal use is a legally established single-family dwelling unit or multi-family dwelling unit. An ADU provides complete independent living facilities for one or more persons. It may take various forms including, but not limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; or a unit that is part of an expanded or remodeled primary dwelling. The standards for an ADU, including where allowed, are governed by G.L. § 45-24-73, as amended.

Accessory structure: A subordinate structure detached from but located on the same lot or parcel as the principal structure, the use of which is incidental and accessory to that of the principal structure. A structure is detached when there is no physical connection to the primary structure.

Examples: Detached garage used for storage of vehicles and lawn maintenance equipment; garden or tool shed used only for the storage of garden implements and light home maintenance tools; cabana used for dressing and shower rooms and/or swimming pool equipment.

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

Adaptive reuse: The conversion of an existing structure from the use for which it was constructed to a new use by maintaining the elements of the structure and adapting such elements to a new use. See appendix A, Zoning, article IV, section 22, Adaptive reuse projects.

Adult book/video store: The retail sales of magazines, books, photographs, film, video or any type of reproduction depicting sexual activity or the showing of human male or female genitals, pubic area or buttocks, or the female breast, with less than a fully opaque covering.

Adult entertainment: An activity where any individual works or performs in the nude, meaning the exposure of human male or female genitals, pubic area or buttocks, or the showing of the female breast, with less than a fully opaque covering.

Aggrieved party: Either:

(a)

Any person or persons or entity or entities who can demonstrate that their property will be injured by a decision of any officer or agency responsible for administering the provisions of this ordinance; or

(b)

Anyone requiring notice pursuant to this ordinance.

Agricultural land: Land suitable for agriculture by reason of suitability of soil or other natural characteristics or past use for agricultural purposes. Agricultural land includes that defined as prime farmland or additional farmland of statewide importance for Rhode Island by the Soil Conservation Service of the U.S. Department of Agriculture.

Agricultural structure: A structure which is reasonably necessary to the conduct of on-site working farms. Agricultural structure includes, barns, shed, silos and other similar structures.

Antennae, satellite receiving: A structure used to receive television broadcast signals transmitted via satellite.

Applicant: An owner or authorized agent of the owner submitting an application or appealing an action of any official, board or agency under the provisions of this ordinance.

Application: The completed form or forms and all accompanying documents, exhibits and fees required of an applicant by an approving authority for development review, approval or permitting purposes as required under the provisions of this ordinance.

Aquaculture: The cultivation, rearing or propagation of aquatic plants or animals under either natural or artificial conditions.

Art center: A facility used for arts instruction, promotion, display and/or sale.

Automatic teller machines (ATMS)/interactive teller machines (ITMS): An indoor or outdoor electronic banking outlet that enables customers to complete banking transactions with or without the aid of a teller.

Bed and breakfast: A single-family dwelling offering transient lodging accommodations to the general public within a portion of said dwelling, and which must include limited food preparation and the serving of such food within a common area.

Billboard: An outdoor sign advertising products or services not made, sold, used or served on the premises, or advertising displayed so as to attract the attention of persons on any public highway; see "off-site sign" in article XII, section 2.

Boat club: A club that promotes yachting and boating, and which may provide educational, recreational, entertainment and leisure services to its membership or program participants. A boat club may or may not include a boat yard/marina. Also known as a yacht club.

Brewery: An establishment for the manufacture of malt (grain-based) alcohol and other liquors.

Brewpub: A brewery where alcoholic products are served. The products sold may or may not be made on the premises.

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

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

Building coverage: That portion of the lot that is or may be covered by buildings and accessory buildings. (Same as Lot building coverage.)

Building envelope: The three-dimensional space within which a structure is permitted to be built on a lot, and which is defined by regulations governing building setbacks, maximum height and bulk.

Building height: See article V, section 4.

Building official or inspector: The person(s) designated by the town as responsible for enforcement of the state building code.

Building permit: An official certificate issued by the building official which authorizes interior or exterior alterations to any structure in conformance with the state building code.

Campground: An outdoor location where guests spend one or more nights, typically in a tent or motor vehicle or trailer. The site may be equipped with cooking grills, showers, toilets and electricity. Includes profit and non-profit campgrounds.

Car vault: A facility primarily used to store luxury, antique and/or collectible automobiles either in a group or in personal suites. Accessory facilities and services may include on-site automobile detailing, local and long-distance automobile pickup and delivery, commissioned sales of automobiles, automobile shows, conference rooms, lounges, commercial kitchen, dining area, bar and beverage service, and private club membership. On-site automotive mechanical and body work is prohibited. A car vault is not a car museum.

Car wash, self-service: See Self-service car wash.

Cluster: A site planning technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space and/or preservation of environmentally, historically, culturally or other sensitive features and/or structures.

Commercial dock or pier: A structure extending into a waterbody that is used to service a business or commercial purpose or used to secure a business or commercial vessel.

Commercial kitchen: A commercial kitchen is a professional kitchen designed for food preparation on a large scale, with the main focus being to prepare food for customers. These kitchens are typically found in restaurants, hotels, bars, and other hospitality businesses. The term "commercial" refers to the fact that these kitchens are designed for selling food rather than food cooked and eaten by the person or people making it. Commercial kitchens are typically equipped with heavy-duty appliances, ample storage space, and robust extractor fans and ventilation systems to handle large turnovers and high output. They must also meet strict health and safety regulations to ensure food is prepared in a hygienic environment.

Commercial marina: Area of land and water designated for the dockage and/or mooring of four or more vessels (temporary or long term) where 80% or more of such vessels are commercial vessels. Facilities may include vessel haul-out, launching, and other related services such as fueling, pump-out, retail sales of marine accessories, and wholesale and/or retail sales of fish and shellfish. The terms "commercial vessel" and "vessel" have the same meaning as those terms are used in the Tiverton Code of Ordinances, Chapter 14, Article II, Section 14-26, as amended.

Common driveway: A driveway passing through private property for the use of adjacent property owners in rural residential developments (see article IX).

Common ownership: Either:

(a)

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

(b)

Ownership by any association, or municipality, of one or more lots under specific development techniques.

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

(a)

Whenever six or fewer children or adults with intellectual and/or developmental disabilities reside in any type of residence in the community, as licensed by the state pursuant to G.L. tit. 40.1, ch. 24;

(b)

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

(c)

A residence for children providing care or supervision, or both, to not more than eight children, including those of the caregiver, and licensed by the state pursuant to G.L. tit. 42, ch. 72.1; or

(d)

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

Compassion center: As defined in G.L. § 21-28.6-3, a not-for-profit corporation, subject to the provisions of chapter 6 of title 7, and registered under G.L. § 21-28.6-12, 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.

Comprehensive community plan: The comprehensive community plan of the town, adopted and approved pursuant to G.L. § 45-22.2-1 et seq., and to which the provisions of this ordinance shall be in compliance.

Conservation development project: A conservation development project is a subdivision or land development project that allows the flexibility to design residential development to achieve the objectives of the Tiverton Comprehensive Community Plan as it relates to resource protection, land use and community services.

Construction and demolition processing facility: A solid waste management facility that receives and processes construction and demolition debris. These facilities must demonstrate, through records maintained at the facility and provided to the department of environmental management, that 75 percent of all material received by the facility is processed and removed from the site within six weeks of receipt on a continuous basis, and that in no case stores material on-site for over three months. See, G.L. § 23-18.9-7(5).

Continuing care facility: A long-term care option for older people who want to stay in the same place through different phases of the aging process, providing a full continuum of care options.

Convalescent home: A facility that provides medical and skilled nursing care for people who are recovering from surgery, illness, or injury. This shall include hospices.

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

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

Density calculation: The method for calculating development density and/or lot coverage for any given parcel.

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

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

Development plan review: See appendix B, Land Development and Subdivision Regulations, article XVI, as well as G.L. §§ 45-23-32 and 45-23-50.

Distillery: An establishment or plant for distilling alcoholic beverages or other liquids.

District: See Zoning use districts.

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

Dry cleaning or laundromat that processes on-site: A business that utilizes an on-site waterless cleaning process that removes dirt and debris from cloth or fabric using a chemical solvent.

Duplex: A building containing two single dwelling units each with separate entrances divided by a common party wall.

Dwelling, multifamily: Any dwelling containing more than two dwelling units and for occupancy of households living independently of each other, including apartment houses, apartment hotels and flats.

Dwelling, single-family: A building used exclusively for occupancy by one household.

Dwelling, two-family: A building used exclusively for occupancy by two households living independently of each other.

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

Earth removal: The removal or extraction for sale of any rock, stone, sand, gravel, loam, topsoil, or other earth or earth products from a lot or plot of land or part thereof; not including the process of grading, or excavation on a lot preparatory to the construction of a structure or street.

Electric vehicle charging station, commercial: Also known as a charge or charging station. A public, for-profit station where electric-powered vehicles and hybrids plug into an electric power source to recharge their battery.

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

Family member: 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.

Flexible zoning: A land development tool that allows reduced lot areas and dimensional regulations in order to preserve character defining features of a site.

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

Floodplains or flood hazard area: An area that is subject to a flood from a storm having a one percent chance of being equaled or exceeded in any given year, as delineated on a community's flood hazard map as approved by the Federal Emergency Management Agency pursuant to the National Flood Insurance Act of 1968, as amended (Pub. L. No. 90-448), 42 U.S.C. § 4011 et seq.

Garage: A detached accessory building or portion of a main building, used for the storage of self-propelled vehicles.

Gasoline filling station or service station: A building or premises, or portion thereof, arranged, intended or designed to be used for the sale of gasoline or other motor vehicle, airplane or motorboat fuel, oils and accessories for the use of motor vehicles; and the rendering of services such as lubrication, washing and minor repairs, where such service facilities are incidental to such principal filling station uses, but not including body or fender work, or major repairs.

Golf course or golf club: A golf course is an area of land designed for the sport of golf including a series of holes (usually nine or 18) with tees, fairways, putting greens and hazards. It may be public or private. A golf club is a membership club including a golf course and often including a clubhouse facility accommodating members and guests with shower facilities, changing rooms and dining facilities.

Gross floor area: The total floor area of all floors of a building within the inside perimeter of the exterior walls exclusive of vent shafts and courts, without deductions for corridors, stairways, closets, the thickness of interior walls, columns or other similar features. (See also Net leasable floor area.)

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

Halfway house: 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: As set forth in G.L. 1956, § 45-24-41, hardship is the standard a petitioner must demonstrate in order to be granted a use variance from the requirements of this ordinance. See article XVII of this ordinance.

Historic district: One or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites, and that has been registered, or is deemed eligible to be included, on the state register of historic places pursuant to G.L. § 42-45-5.

Historic site: Any real property, manmade structure, natural object, or configuration or any portion or group of the foregoing which has been registered, or is deemed eligible to be included, on the state register of historic places pursuant to G.L. § 42-45-5.

Home occupation: Any activity customarily carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit. See article VI, section 6, of this ordinance.

Hookah lounge/bar: An establishment where patrons share shisha (flavored tobacco) from a communal hookah (container of water through which tobacco smoke is passed).

Hotel: A building or buildings containing lodging rooms, a dining room facility, a common entrance lobby, halls, and stairway; and where lodging rooms do not have a direct egress outdoors, except for emergencies; and where more than 50 percent of the lodging rooms are for rent, with or without meals, to transient guests for a continuous period of less than 30 days.

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

(a)

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

(b)

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

Impervious surface: As defined by the Rhode Island Department of Environment Management Stormwater Management, Design and Installation Rules and including those surfaces that cannot effectively infiltrate rainfall and/or stormwater consisting of surfaces such as building rooftops, pavement, sidewalks, driveways, or compacted gravel.

Improved lot: A lot upon which a building is located that is used for a principal use. For the purposes of determining merger requirements (see article VII), an unimproved lot is a lot without a principal use structure.

Incentive zoning: The process whereby additional development capacity is granted in exchange for a developer's provision of a public benefit or amenity as specified in this ordinance.

Incinerator or incinerated waste disposal: A furnace, oven, retort or other apparatus used to incinerate waste materials and where waste may be stored or disposed on the premises.

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

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

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

Lot: Either:

(a)

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

(b)

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

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

Lot building coverage: That portion of the lot that is or may be covered by buildings and accessory buildings (same as Building coverage).

Lot, corner: A lot at the junction of, and fronting on, two or more intersecting streets.

Lot coverage: That portion of the lot that is or may be covered by buildings and accessory buildings. (Same as Building coverage and Lot building coverage.)

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

Lot frontage: That portion of a lot abutting a street. Only contiguous (unbroken) frontage will be considered applicable in meeting the minimum frontage requirements of a given zoning district. Lot frontage shall be measured on the side of the lot that serves as the primary access to the street right-of-way.

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

(a)

Front: The lot line separating a lot from a street right-of-way and shall be the side of the lot that serves as the primary access to the street right-of-way;

(b)

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

(c)

Side: Any lot line other than a front or rear lot line. On a corner lot, one side lot line will also be a street lot line.

Lot of record: A parcel of land recorded in the office of the Town Clerk of the Town of Tiverton.

Lot, through: A lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.

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

Low influx sustainable agriculture (LISA): Agricultural techniques that promote the use of biological interactions and cultural practices over the use of agricultural chemicals. The goal of LISA is productive, profitable farming that protects natural resources and is economically sustainable. It includes such measures as integrated pest management, crop and livestock diversification, soil and water conservation practices and green manures whose application reduces the need for purchased pesticide and fertilizer input.

Manufactured home: A structure transportable in one or more sections which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. This term does not include park trailer, travel trailer, or other similar vehicles. See G.L. § 45-24-31(50).

Manufactured home elderly community (MHEC): See article IV, section 17.

Manufacturing, except as regulated herein: The process of turning raw materials or parts into finished goods through the use of tools, human labor, machinery and chemical processing.

Marijuana cultivation center: Any entity that, under state law, may acquire, possess, cultivate, manufacture, deliver, transfer, transport, or supply marijuana to a registered compassion center, or other entity authorized to dispense marijuana.

Marijuana store: 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 or boat yard: Area of land and water designated for the storage (indoor and/or outdoor) of vessels, dockage and/or mooring (temporary and long-term), launching ramps, vessel haul-out facilities, and vessel maintenance and repair and which has docks and/or moorings for vessels. These may also include related service facilities such as fueling, sales of vessels and accessories, retails sales of marine products, laundry services, pump-out services, and other marine related services.

Medical center: A facility offering outpatient healthcare services to include doctors' offices, lab, diagnostic and treatment facilities.

Membership athletic club: An organization catering to members and their guests, including premises and buildings utilized for recreational or athletic purposes, such as game courts, exercise equipment, locker rooms, pool, hot tub, sauna and/or pro-shop.

Mere inconvenience: See article XVII of this ordinance.

Mini-storage facility: A building consisting of individual, self-contained units that are leased or owned for the storage of personal property and/or household goods. Not to include explosives, chemicals, flammables, or other hazardous items.

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

Mixed use complex: A development of one or more commercial establishments, primarily retail, office, and/or consumer service-oriented in nature, located on a single parcel or contiguous parcels and consisting of an aggregate of 5,000 gross square feet of floor space or more. For the purpose of this section, any structures located within 20 feet of each other shall be deemed to be connected structures. A mixed use complex provides on-site parking facilities sufficient to serve its own parking demands as per Zoning Article X, Section 1.

These developments may include, but are not limited to, a variety of retail shops that specialize in food, quality apparel, hard goods and services such as grocery stores, department stores, real estate offices, dance studios, florists and small restaurants as well as office buildings, movie theaters, restaurants, post offices, banks, health clubs.

Such developments shall be considered land development projects, as defined herein, and shall be reviewed as major land developments in accordance with the land development and subdivision regulations, and design standards, of the Town of Tiverton and approved by the planning board.

Mixed use residential: A structure which is used for both residential and commercial purposes, each of which is totally separated from the other.

Mobile home: Any vehicle or similar structure designed and constructed so as to permit the occupancy thereof as a dwelling by one or more persons, and so designed and constructed that it was or may be mounted on wheels and used as a conveyance on a street or highway, propelled or drawn by its own or other motive power. Mobile home shall include previously portable vehicles or structures which have been placed on a permanent foundation, but shall not include a prefabricated home or structure. A transportable, single-family dwelling unit suitable for year-round occupancy with or without a permanent foundation and having a water supply and waste disposal system comparable to immobile housing. A mobile home is designed to be transported on streets and highways on its own wheels and to arrive at the site where it is to be occupied as a dwelling unit complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on racks or permanent foundations, and connection to utilities and water supply and waste disposal systems. Removal of wheels and/or axles shall not change its status as a mobile home.

Mobile home or trailer park: Mobile home or trailer park refers to a site where mobile homes or trailers are located for purposes of long-term or transient occupancy.

Modification: Permission granted and administered by the zoning enforcement officer to grant a dimensional variance, other than lot area, from the requirements of this ordinance, but not to exceed 25 percent of each of the applicable dimensional requirements. See article X, section 7, of this ordinance.

Motel: A one- or two-story building providing transient lodging accommodations to the general public consisting of rooms or suites with separate entrances facilities. Such use may include a general kitchen and common dining room. Motels include motor inns, motor lodges, tourist courts, cabins and other similar establishments.

Motor freight terminal: Also called trucking depot. A place, building or part thereof where merchandise, property or freight transported by motor vehicle, including trailers, is received, stored, transferred, loaded, unloaded, delivered or dispatched.

Motorcross/all-terrain vehicle venue for driving, racing and/or instruction: A business that provides users of motor bikes/dirt bikes/motorcycles a venue to drive or race on a dirt path or trackway usually in a competitive race environment. Business may also involve safe driving/riding lessons.

Municipal recycling center: A municipal facility where the Town of Tiverton accepts materials and goods from its residents, including, hard plastics, bottles, glass, electronics, appliances, cardboard, paper and yard waste for collection and eventual dispersal or sale to other entities as part of its local recycling program.

Net leasable floor area: The total leasable floor area of all floors of a building within the inside perimeter of the exterior walls exclusive of the thickness of interior walls, vent shafts, courts, corridors, lobbies, common areas, stairways, elevators, mechanical rooms, closets, columns or other similar features. (See also Gross floor area.)

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

(a)

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

(b)

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

Non-residential cooperative cultivation: A use of land located in a non-residential zone, or of a building, or a portion thereof, located in a non-residential zone, for the cultivation of marijuana by two or more cardholders, as defined in G.L. § 21-28.6-3.

Nuclear power station: A plant or facility where electrical energy is produced by means of the energy released by a nuclear reaction altering the structure of an atomic nucleus such as fission, fusion or radioactive decay.

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

Pawn shop: A business offering secured loans to the public with items of personal property used as collateral and where the pawnbroker sells unredeemed items to the public.

Payday loan shop: A business where customers secure short-term loans to be repaid with interest by a post-dated bank check or authorization enabling the lender to electronically debit the repayment from the customer's bank or pre-paid debit card account.

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

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

Personal residential marijuana cultivation: Marijuana cultivation by a single registered patient or caregiver cardholder, as defined in G.L. § 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.

Petroleum refining and related: Includes the process of separating crude oil into its various components, which are then selectively reconfigured into new products, including transportation and heating fuel and feedstock for chemical manufacturing, among other uses.

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

Planning board: The Planning Board of the Town of Tiverton.

Preapplication conference: A review meeting of a proposed development held between applicants and reviewing officials and/or agencies prior to formal submission of an application for a permit or approval.

Primary manufacture or storage of ammonia, bleach (chlorine), acetylene gas: These industrial, toxic and corrosive gasses are used as active ingredients in a wide range of secondary products.

Principal or main use: The specific primary purpose for which a lot of land or structure is used.

Private beach: A privately owned bathing beach administered as a commercial enterprise or a club.

Production of rubber, glue or asphalt: Includes the blending of crumb rubber produced from recycled waste tires into liquid asphalt cement (bitumen) to produce a binder used in the paving process.

Professional home office: Not more than one office or studio of a physician, dentist, attorney, architect, engineer, land surveyor, real estate broker, accountant, insurance agent or other professional person licensed by law or certified by a recognized professional society or agency and providing professional services, residing on the premises, and having not more than one employee or associate, and utilizing not more than 350 square feet of floor space.

Pulp mill: A manufacturing facility that converts wood chips or other plant fiber sources into a thick fiber board. Pulp mills may use mechanical, chemical or semi-chemical methods of processing pulp.

Recycling center: A private or commercial facility that accepts materials and goods, including, hard plastics, bottles, glass, electronics, appliances, cardboard, paper and yard waste for collection and eventual dispersal or sale to other entities as part of its local recycling program.

Residential arts and crafts: The creation of art objects or functional items by a person residing on the premises, provided the following standards are met: no heat, smoke, glare, dust, odors, vibration or offensive noise detectable beyond the edge of the lot; no outside storage of materials; and no substantial increase in traffic. Residential arts and crafts shall not include tattoo parlors.

Residential cooperative cultivation: A use of land located in a residential zone, or of a building, or a portion thereof, located in a residential zone, for the cultivation of marijuana by two or more cardholders, as defined in G.L. § 21-28.6-3.

Retirement residence/assisted living/continuing care facility: An elderly housing facility licensed in whole or in part in accordance with the assisted living provisions of G.L. § 23-7.4-1 et seq., as amended, and where applicable, G.L. § 23-17-1 et seq., as amended, that provides elderly residents with flexible living arrangements and choices with regard to services and assistance. Such facilities:

(a)

Consist of one primary structure housing central dining, recreational, cultural, avocational, personal care, and shared transportation facilities. Integral facilities for independent or semi-independent living and nursing care may also be included.

(b)

May include within the primary structure ancillary facilities such as retail services, beauty parlors, libraries and laundry rooms serving exclusively the residents of the facility, with no outside signs or direct outside entrances to such services permitted.

(c)

May include within the primary structure offices, meeting and conference rooms for administrative functions related to the operation, business, programs or services of the facility.

(d)

May have within the primary structure, or attached thereto, a nursing care facility licensed in accordance with G.L. tit. 23, ch. 17-1 et seq., entitled "Licensing of Health Care Facilities," primarily for the use of the residents.

Rural residential developments: Alternative residential subdivisions designed to protect rural character through the use of flexible zoning, different engineering and design standards and/or decreased site density, as compared to conventional subdivisions. There are three types of rural residential developments. Rural compounds, rural subdivisions and rural frontage subdivisions, as defined in article IX of this ordinance.

Self-service car wash: A motor vehicle washing station where the vehicle owner/operator pays to use the equipment provided to wash the vehicle themselves.

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

Sewage treatment or solid waste disposal facility: Sewage treatment processes sewage or wastewater to remove contaminants and prevent water pollution from discharge. Often involves primary, secondary and tertiary chemical and separation treatment. Solid waste disposal is the process of treating garbage, refuse, sludge or other discarded material, whether harmful to human health and the environment or not harmful. Includes liquid, semi-solid, solid and gaseous waste material.

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

Smelter, blast furnace, blooming mill: These uses are related to the manufacture of pig iron and iron ore and includes iron blast furnaces designed to smelt iron ores and prepared agglomerates or iron ore blooms.

Special use: A regulated use which is permitted pursuant to a special use permit issued under the provisions of article XVI of this ordinance.

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

Street, public: Either a street constructed, improved and accepted for maintenance by the Town of Tiverton, or a state road.

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

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

Tent or recreational vehicle (RV) camp: A site that hosts motor vehicles or trailers that include living quarters designed for accommodation. Also includes campsites where visitors erect tents and related shelter to stay overnight or longer.

Transient trailer park: A site where campers, recreational vehicles and mobile homes may pass through from one location to another, stopping only briefly, such as a holiday, vacation or seasonal visit and not on a long-term basis.

Unsuitable land: Street rights-of-way and lands which, when developed, would result in environmental harm and/or present a threat to the public health or safety. Such lands include, but are not limited to, the following:

(a)

Waters, and coastal and freshwater wetlands as defined herein.

(b)

Land with slopes greater than or equal to 21 percent.

(c)

Land located in any flood hazard area or coastal high hazard area, as shown on the most recent flood insurance rate map or floodway map for the Town of Tiverton published by the Federal Emergency Management Agency.

(d)

Any unique sites having significant historic or archaeological value, or consisting of an endangered or threatened species habitat, as identified by the appropriate state or federal agency.

(e)

An area of a tract proposed for development that is equal to the area of the street rights-of-way for such development.

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

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

(a)

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

(b)

Dimensional variance: Permission to depart from the dimensional requirements of this zoning ordinance under the applicable standards set forth in G.L. § 45-24-41.

Waters: As defined in G.L. § 46-12-1(23).

Wetland, coastal: As defined in G.L. § 45-22.2-4.

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

Wind turbine: Any device that converts the kinetic energy of wind into electrical energy, including structures such as towers, blades, transformers, power distribution poles and cables.

Yard: A required open space on a lot, unoccupied and unobstructed by any structure or portions of a structure from the general ground level of the graded lot upward; provided that drives, walks, and customary yard accessories and other structures or projections as specifically allowed by this ordinance may be allowed in any yard. The following yards are specifically defined in this ordinance:

(a)

Yard, corner side: A side yard on that side of a lot located at the corner or intersection of two street lines, nearest the side street.

(b)

Yard, front: A required yard extending between side lot lines across the full width of the lot adjacent to any street line, and to the depth of the required front yard setback.

(c)

Yard, rear: A required yard extending across the full width of the lot adjacent to any rear lot line(s), and to the depth of the required rear yard setback.

(d)

Yard, side: A required yard extending from the rear of the required front yard to the required rear yard and to the depth of the required side yard setback; and if there is no rear yard, then extending from the required front yard to another required front yard or required side yard or to another part of the same required front yard.

Yield plan: A plan of development demonstrating the maximum density (number of lots or units) on a given parcel or parcels of land based on the zoning designation, meeting all applicable environmental and dimensional requirements. A yield plan shall take into account all environmental, natural, and man-made physical constraints to development, including, but not limited to, wetlands, topography, groundwater characteristics, view sheds and existing improvements. The submission requirements for a yield plan are provided in article XVII of these regulations.

Zoning board or board: The Zoning Board of Review of the Town of Tiverton.

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

Zoning map: The maps which are a part of this ordinance, and which delineate the boundaries of all mapped zoning districts within the physical boundary of the Town of Tiverton.

Zoning officer: The zoning officer of the Town of Tiverton who is responsible for administering and enforcing the provisions of this ordinance. The zoning officer may also be the building official for the town.

Zoning use districts: The basic unit in zoning, either mapped or unmapped, to which a uniform set of regulations applies; or a uniform set of regulations for a specified use.

(Ord. of 5-13-96; Ord. of 6-4-01(1); Ord. of 3-24-08(1); Ord. of 11-23-09; Ord. of 4-11-16; Ord. of 7-9-2018; Ord. of 10-22-18(2); Ord. of 11-30-23(16); Ord. No. 2024-0007, 6-24-24; Ord. No. 2024-0008, 6-24-24; Ord. No. 2024-0010, 6-24-24; Ord. No. 2025-0001, § 2, 2-10-25; Ord. No. 2025-0006, § 1, 4-21-25; Ord. No. 2025-0010, § 1, 6-9-25; Ord. No. 2025-0012, § 1, 8-12-25)