The following terms, as used in this ordinance, shall have the following meanings (underline denotes state definitions):

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

Accessory dwelling unit. A dwelling unit:

1.

Rented to and occupied either by one or more members of the family of the occupant or occupants of the principal residence; or

2.

Reserved for rental occupancy by a person or a family where the principal residence is owner occupied, and which meets the following provisions:

a.

In zoning districts that allow residential uses, no more that one accessory dwelling unit may be an accessory to a single-family dwelling.

b.

An accessory dwelling unit shall include separate cooking and sanitary facilities, with it own legal means of ingress and egress and is a complete, separate dwelling unit. The accessory dwelling unit shall be within or attached to the principal dwelling unit structure or within an existing structure, such as a garage or barn, and designed so that the appearance of the principal structure remain that of a one-family residence.

Accessory family dwelling unit. An accessory dwelling unit for the sole use of one or more members of the family of the occupant or occupants of the principal residence, but not needing to have a separate means of ingress and egress.

Accessory structure. A structure located on the same lot as a principal structure but separate from the principal structure, the use of which is clearly incidental and secondary to and customarily in connection with the principal structure. Such accessory structure shall not include a swimming pool and a peripheral deck.

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. An accessory use may 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.

Aggrieved party. An aggrieved party, for purposes of this ordinance, shall be:

1.

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 this zoning ordinance; or

2.

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 farm land or additional farm land of statewide importance for Rhode Island by the Soil Conservation Service of the U.S. Department of Agriculture.

Apartment complex. A multi-family structure or structures containing seven (7) or more dwelling units.

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.

Assisted living facility. A residential facility providing supervised care, and which may include common dining facilities, for elderly and/or physically handicapped individuals.

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 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. The vertical distance measured from the average natural grade at the front of a building, to the top of the highest point of the roof or structure, excluding spires, chimneys, flag poles, and the like.

Building permit. The permit required by law to be issued by the building inspector to authorize any new construction of buildings, or the alteration of existing buildings, and construction of certain other improvements.

Business incubator facility. A facility dedicated to the startup and growth of business incubatees from a certain industry sector or sectors, providing management and facility support systems. For purposes of this definition, management support systems include, but are not limited to, access to professional advice, business planning, information on small business regulations, management, advertising, promotion marketing, sales, inventory, employees, labor relations, and financial counseling. Facility support systems include, but are not limited to, clerical and reception staff, access to computers, faxes and other electronic equipment, access to specialized storage, equipment and facilities, cleaning and building security.

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 pet sale establishment. Any for profit business enterprise that engage in the offer for sale, deliver, barter, auction, give away, or transfer of any live dog or cat in said pet store, retail business or other commercial establishment. This definition shall not include a "commercial pet adoption establishment," "nonprofit rescue organization," or a "hobby breeder," as defined in this section.

Commercial pet adoption establishment. Any pet store, retail business, or other commercial establishment that provides space and appropriate care for animals owned by a municipal animal shelter or animal control agency, humane society, or nonprofit rescue organization and maintains those animals at the pet store retail business or other commercial establishment for the purpose of public adoption.

Common ownership. Either:

1.

Ownership by one (1) or more individuals or entities in any form of ownership of two (2) or more contiguous lots; or

2.

Ownership by any association, or municipality, of one (1) 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:

1.

Whenever six (6) or fewer retarded children or adults reside in any type of residence in the community, as licensed by the state pursuant to chapter 24 of title 40.1 [of the General Laws of Rhode Island].;

2.

A group home providing care or supervision, or both, to not more than eight (8) mentally disabled or mentally handicapped or physically handicapped persons, and licensed by the state pursuant to chapter 24 of title 40.1 [of the General Laws of Rhode Island];

3.

A residence for children providing care or supervision, or both, to not more than eight (8) children including those of the care giver, and licensed by the state pursuant to chapter 72.1 of title 42 [of the General Laws of Rhode Island]; or

4.

A community transitional residence providing care or assistance, or both, to no more than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor more than two (2) years.

Comprehensive plan. The comprehensive plan of the town, adopted and approved pursuant to title 45 chapter 22.2 of the General Laws of Rhode Island, and to which the provisions of this ordinance shall be in compliance.

Day care—Day care center. Any other day care center which is not a family day care home. Such a day care center can include the care and supervision of adults.

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 (6) or less individuals who are not relatives of the care giver, but may not contain more than a total of eight (8) individuals receiving day care.

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; any change in use, or alteration or extension of the use, of land.

Development plan review. The process whereby authorized local officials review the site plans, maps and other documentation of a development to determine the compliance with the stated purposes and standards of the ordinance providing for such review.

Discontinuance. Voluntary relinquishment by an owner, operator or user of a use of land or structure by a cessation of normal activity.

District. See "Zoning use district".

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 groundwater, and the prevention and/or alleviation of flooding.

Dwelling, single-family. A structure designed for occupancy by one (1) family.

Dwelling, two-family. A structure designed for occupancy by two (2) families.

Dwelling, multi-family. A structure or structures designed for occupancy by two (2) to six (6) families.

Dwelling unit. A structure or portion thereof providing complete, independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation, and containing a separate means of ingress and egress.

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

Farm. An agricultural operation that may include the raising of crops, plants, vegetation, animals, and livestock, along with any other agricultural operation that may be considered as operating a farm under state law. Farms may also operate, as per state law, a retail operation that sells local farm related products, provided such retail operation offers fifty (50) percent or more of products produced on the farm itself and signage as permitted by state law.

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.

Flood plains or flood hazard area. An area that has a one (1) 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 (P.L. 90-448).

Guest house or bed and breakfast. A residence with no more than seven (7) guestrooms where lodging, with or without meals, is provided for compensation, and is operated by a member or members of the resident family.

Groundwater. "Groundwater" and associated terms, as defined in section 46-13.1-3 (R.I.G.L.).

Halfway houses. 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 article IV of this ordinance.

Historic district. One (1) 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 has been registered, or is deemed eligible to be included on the state register of historic places pursuant to section 42-45-5 (R.I.G.L.).

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

Hobby breeder. Where pets are sold by persons whose regular occupation is not the breeding and raising of dogs and cats. A hobby breeder shall be limited to the sale of twenty (20) dogs/cats or three (3) litters, whichever is greater, in a single calendar year. A hobby breeder use is allowed under section 32-58 of this Code as an ancillary use to a permitted farm use or residential use.

Hotel. A building of more than one (1) story in height, with a common public entrance and containing units without individual kitchen facilities, for transient or overnight lodging, not to exceed twenty-eight (28) days in duration.

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

Household. One (1) 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 (1) 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, not to exceed three (3) such persons.

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 ordinances.

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

Land development project. A project in which one (1) or more lots, tracts or parcels of land are to be developed or redeveloped as a coordinated site for a complex of uses, units or structures, including, but not limited to, planned development and/or cluster development for residential, commercial, institutional, recreational, open space and/or mixed uses, as may be provided for in this zoning ordinance.

Licensed cultivator, as defined by R.I. Gen. Laws § 21-28.6-3, means any person or entity who has been licensed by the department of business regulation to cultivate marijuana pursuant to § 21-28.6-16.

Light assembly. See article XI, light assembly use.

Lot. 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. 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.

Lot, corner. A lot at the junction of and fronting on two (2) or more intersecting streets.

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 the depth.

Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall specify how noncontiguous frontage will be considered with regard to minimum frontage requirements.

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:

1.

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

2.

Rear. The lot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, an assumed line at least ten (10) feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line; and

3.

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

Lot, through. A lot which fronts upon two (2) parallel streets, or which fronts upon two (2) 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.

Manufacturing, heavy. The manufacturing or assembling of material causing disturbing noises, odors or sounds, or involving the use of heavy equipment. Most heavy manufacturing uses are prohibited uses in the Town of Warren.

Manufacturing, light. Manufacturing or assembly operations not considered to be "heavy manufacturing". This may include the processing of the following items: electronic items including wiring devices, instruments, appliances, radio, stereo and television equipment and electrical motors and generators; printed products; optical goods and instruments; pharmaceutical, biological products and toilet or cosmetic preparations; food products; precious metal and custom jewelry and silverware; apparel; paper products; plastic products; office and store machines and devices; laboratory and scientific instruments; watches and clocks; sporting and athletic goods; musical instruments; games and toys; advertising displays and models; pens and pencils; and buttons, fasteners, badges and insignia.

Marina. A marina means any dock, pier, wharf, float, floating businesses, or combination of such facilities that service five (5) or more recreational boats as commercial enterprise and may include a privately [owned] non-profit yacht club as part of its operation.

Mere inconvenience. See article IV of this ordinance.

Mini-storage. Structure(s) designed and constructed, without utilities, to provide secure compartments available to consumers and businesses for interior storage only, and not for the purpose on conducting sales, service, or other direct customer contact. Storage of hazardous / flammable materials is prohibited.

Mixed use, residential. A structure used for both residential and commercial purposes, each of which is totally separate from the other. Mixed use residential may be considered for the purpose of allowing residential unit(s) in a non-residential zone, only in a building with commercial use as the sole use on the ground floor. Residential units must be located above the ground floor and contain a minimum of six hundred (600) square feet of living space per unit.

Modification. If later allowed by amendment to this ordinance, permission granted and administered by the zoning officer to grant a dimensional variance, other than lot area, from the requirements of this ordinance, but not to exceed twenty-five (25) percent of each of the applicable dimensional requirements.

Motel or tourist court. A one- or two-story building intended and designed solely for transient or overnight lodging, not to exceed twenty-eight (28) days in [01] without kitchen facilities.

Nonconformance. A building, structure or parcel of land, or use thereof, lawfully existing at the time of the adoption or amendment of this zoning ordinance and not in conformity with the provisions of the ordinance or amendment. Nonconformance shall be of only two (2) types:

1.

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 zoning ordinance; or

2.

Nonconforming by dimension. A building, structure or parcel of land not in compliance with the dimensional regulations of this zoning ordinance, including a building or structure containing a permitted number of dwelling units by the use regulations of this ordinance, but not meeting the lot area per dwelling unit regulations.

Nonprofit rescue organization. Any nonprofit corporation that is exempt from taxation under Internal Revenue Code, Section 501(c)(3) whose mission and practice is, in whole and significant part, the rescue and placement of dogs or cats; or any nonprofit organization that is not exempt from taxation under Internal Revenue Code, Section 501(c)(3) but is currently an active rescue partner with a Town of Warren shelter or humane society, whose mission is, in whole and significant part, the rescue and placement of dogs or cats.

Non-residential cooperative cultivation means a use of land which is not a residence, or of a building, or a portion thereof, which is not a residence, for the cultivation of marijuana by two (2) or more cardholders, licensed by the Department of Business Regulation, as provided for in R.I. Gen. Laws § 21-28.6-14.

Overlay district. A district established in this zoning ordinance that is superimposed on one (1) 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 zoning district.

Parking area, gross. The total parking area required to be furnished for the occupancy of a single vehicle, including means of ingress and egress.

Parking area, net. The parking area required to be furnished for the occupancy of a single vehicle, exclusive of means of ingress and egress.

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 marijuana cultivation means marijuana cultivation by a single registered cardholder, as defined in R.I. Gen. Laws Chapter 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 non-residential uses, this use shall be contained within the residential dwelling unit only.

Planned development. A "land development project", as defined herein, and developed according to plan as a single entity and containing one (1) or more structures and/or uses with appurtenant common areas.

Pre-application 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 for development approval.

Residential cooperative cultivation means a use of land, or of a building, or a portion thereof, the primary use of which is a residential use, which is being used by two or more residents for the cultivation of medical marijuana, pursuant to a license from the Department of Business Regulation, as provided for in R.I. Gen. Laws § 21-28.6-14.

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.

Site plan. The development plan for one (1) or more lots on which is shown the existing and/or the proposed conditions of the lot.

Solar energy utility scale facility means a solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted and has a rated nameplate capacity of not less than one (1) megawatt AC (1 MW AC) and not more than eight (8) megawatts AC (8 MW AC). The primary use of a solar energy utility scale facility is to provide energy for the commercial facility on which such facility is located or to produce energy solely to off-load electricity to the grid. Any excess energy produced by a commercial facility may be off-loaded to the grid. This use shall be exempt from lot building coverage limits and impervious surface limits.

Special use. A regulated use which is permitted pursuant to a special-use permit issued by the zoning board of review pursuant to article V of this ordinance (formerly referred to as a special exception).

Street. A public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles. The width of such street shall be considered to be the total distance between lot lines, and shall include paving, curbs, sidewalk areas and grass strips.

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 zoning ordinance, and not in conformance with the dimensional and/or area provisions of the ordinance.

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 this 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 zoning ordinance. There shall be only two (2) categories of variance:

1.

Use variance. Permission to depart from the use requirements of this zoning 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

2.

Dimensional variance. Permission to depart from the dimensional requirements of this zoning ordinance, 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.

Waters. As defined in section 46-12-l(b) (R.I.G.L.).

Wetland, coastal. As defined in section 2-1-14 (R.I.G.L.).

Wetland, freshwater. As defined in section 2-1-20 (R.I.G.L.).

Yard. The area on the same lot with the main structure or activity which is unoccupied and unobstructed except for shrubbery and planting.

Yard, front. That portion of a yard extending the full width of the lot, the depth of which is the least distance between the front lot line and the front of any building or structure.

Yard, rear. That portion of a yard extending the full width of the lot, the depth of which is the least distance between the rear lot line and the rear of any building or structure, measured perpendicular from the rear lot line.

Yard, side. That area extending from the front yard to the rear yard, the depth of which is the least distance between the nearest side lot line and each side of any building or structure, measured perpendicular from said lot line to the nearest point of said building or structure.

Zoning certificate. A document signed by the zoning enforcement officer, as required in this zoning 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 there from.

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

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

Zoning permit. A permit required by this ordinance to be issued by the zoning officer to authorize any new construction, alteration, moving or enlargement of a structure and to authorize any new or changed use of land or structure.

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.

(Amd. of 10-12-10; Amd. of 6-9-15; Amd. of 2-14-17; Amd. of 4-26-18; Amd. of 12-10-19 )