For the purpose of this Ordinance, certain terms or words used herein shall be interpreted as follows:
The word person includes a group of person, firm, association, organization, partnership, trust, company or corporation as well as an individual.
The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
The word shall is mandatory; the word may is permissive. Citations included in certain definitions refer to Rhode Island General Law (RIGL).
1. Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with no intervening land.
2. 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.
3. 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.
4. Aggrieved Party. An aggrieved party, for purposes of this ordinance, shall be:
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 zoning ordinance of a city o town; or
b. Anyone requiring notice pursuant to this ordinance.
4A. Agricultural Awareness Program. An educational or recreational program, which is clearly incidental and subordinate to the primary agricultural use, that enables non-farm residents, including children, to reconnect to the rural character of the land. Such programs may include farm or garden tours, seminars and lectures; petting zoos or childrenís farms; hay rides; corn mazes; and similar activities.
5. Agricultural Land. "Agricultural Land", as defined in RIGL section 45-22.2-4. Land suitable for agriculture by reason of suitability of soil or other natural characteristics or past use for agricultural purposes. Agricultural land includes that defined as prime farm land or additional farm land of statewide importance for Rhode Island by the soil conservation service of the United States Department of Agriculture.
5A. Agricultural Products. Cultivated or raised plan and animal life that has been harvested or processed for consumption, including feed and forage; floriculture and nursery products; grains; herbs; vegetables; fruits and nuts; viticulture; honey; eggs; dairy; cattle; sheep; poultry; game and game birds; and fiber for clothing.
6. Airport Hazard Area. Any area of land or water upon which an airport hazard might be established as provided in RIGL section 1-3-2.
7. Applicant. An owner or authorized agent of the owner(s) submitting an application or appealing an action of any official, board or agency.
8. 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.
9. 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.
10. Building. Any structure used or intended for supporting or sheltering any use or occupancy.
11. 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; by other regulations; and/or any combination thereof.
12. Building Height. The vertical distance from grade, measured from the average lot grade at the front of the building, to the top of the highest point of the roof or structure. The distance may exclude spires, chimneys, flag poles, and the like.
13. Buildable Area. That portion of a lot bounded by the required front, side and rear yards, within which principal structures may be sited.
14. Campgrounds. One or more lots used for seasonal, overnight residential occupancy in permanent or semi-permanent structures, such cabins, tents with tent platforms, or similar shelters; and further provided that said campground may include any necessary permanent structures accessory to the principal use.
15. Club (Nonprofit). A corporation subject to the provisions of Chapter 6, Title 7, General Laws of Rhode Island, owning, hiring or leasing of a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members, and whose affairs are conducted by a board of directors, executive committee or other similar body chosen by the members, offices, agents or employees profit from the distribution or sale of beverages to the members of the club or to its guests beyond the amount of such reasonable salary or wages as may be fixed and voted each year by the directors or other governing body.
16. 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. The techniques used to concentrate buildings 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 permitted under conventional development except as provided include incentive bonuses for certain types or conditions of development.
17. RESERVED
18. Common Ownership.Either:
(1) Ownership by one or more individuals or entities in any form of ownership of two(2) or more contiguous lots; or
(2) Ownership by any association. Such ownership may also include a municipality of one (1) or more lots under specific development techniques.
19. 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 (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. All requirements pertaining to local zoning are waived for these community residences;
b. 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 RIGL chapter 24 of title 40.1;
c. 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 RIGL chapter 72.1 of title 42;
d. 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. 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.
20. Comprehensive Plan. The comprehensive plan adopted and approved pursuant to RIGL 45-22-2 and to which any zoning adopted pursuant to this chapter shall be in compliance.
21. Day Care - Day Care Center. Any other day care center which is not a family day care home.
22. Day Care - Family Day Care Home. Any home other than the individualís home in which day care in lieu of parental care or supervision is offered at the same time to six (6) or fewer individuals who are not relatives of the care giver, but may not contain more than a total of eight (8) individuals receiving day care.
23. Density, Residential. The number of dwelling units per unit of land.
24. Developable Land Area. For the purpose of calculating the minimum lot size required by Section 603, or of calculating the maximum number of units, maximum lot coverage, or maximum density permitted in accordance with any development standards contained in the Ordinance, the terms "land", "land area", "lot size", and "lot area" or any such similar term shall mean "developable land area", which is defined as follows: Developable Land area is the total gross land area of the parcel proposed for development LESS the total of the following:
a. Freshwater wetlands as defined in Title 2, Chapter 1 of the General Laws of Rhode Island as amended and in any rules and regulations adopted pursuant thereto. Provided, however, that any setback requirement from the edge of a wetland as so defined in Title 2, Chapter 1, shall not be included in the calculation of wetland area.
b. The floodway of a stream or flood plain of any other body of water as calculated on the basis of a one hundred (100) year frequency storm.
c. Coastal shoreline systems as defined by Section 120.0-2A.1. of the Rhode Island Coastal Resources Management Program, as amended February, 1982, or subsequent amendments thereto, as follows:
1. Beaches and barrier beaches
2. Cliffs, ledges and bluffs
3. Coastal wetlands
4. Sand dunes
5. All directly associated contiguous areas which are necessary to preserve the integrity of such features.
d. Any public or private street or street right-of-way.
e. Existing water surfaces.
f. Areas required for stormwater retention/detention under Section 718 of this Ordinance.
g. Areas required for utility easements of public utilities.
25. 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.
26. 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.
27. District. See "zoning use district".
28. 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.
29. Drive-in Window. See section 717 of this Ordinance.
30. Drive-up Restaurant. A permanent structure, licensed for the preparation, service and consumption of food and beverages, where patrons may be served in their vehicles or at outside seating facilities.
31. Dwelling. Any building, or part thereof, that is used or occupied for human habitation, including dwelling premises, opportunities and facilities belonging to the dwelling or usually enjoyed therewith.
32. 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.
33. Dwelling, Single-Family. A building used exclusively for occupancy by one family.
34. Dwelling, Two-Family. A building used exclusively for occupancy by two families living independently of each other.
35. 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 floatation; and other preparation customarily done at the extraction site or as a part of the extractive activity.
36. Family. A person or persons related by blood, marriage, or other legal means. (Also see HOUSEHOLD).
36A. Farmers' Market. An area, which may include a structure, used by growers or producers of agricultural products to display and sell their products.
36B. Farm Guest House. An owner-occupied single-family dwelling offering guest rooms without kitchen facilities for rent on a daily or weekly basis, provided the dwelling is located on a parcel of at least two acres primarily devoted to an agricultural use permitted under Section 602.
36C. Farm-Promotion Accessory Use. An accessory use which is not customarily incidental to a use permitted as an agricultural use under Section 602, but which tends to preserve and/or promote the use of land for farming and is clearly incidental and subordinate to the primary agricultural use. Farm-promotion accessory uses include: equipment and trade fairs, farmers' markets, farm guest houses, livestock sales and auctions, and, when conducted in a farm setting, arts and crafts shows, banquets, corporate functions, and weddings.
37. Floating Zone. An unmapped zoning district adopted within the ordinance which is established on the zoning map only when an application for development, meeting the zone requirements, is approved.
38. Floodplains, or Flood Hazard Area. As defined in RIGL 45-22.2-4. An area that has a one percent (1%) or greater chance of inundation in any given year, as delineated by the federal emergency agency pursuant to the National Flood Insurance Act of 1968, as amended P.L. (90-448) [42 U.S.C. 4011 et seq.].
39. Garage. A detached accessory building or portion of a main building, used for the storage of self- propelled vehicles.
40. Gasoline Service Station (minor repairs only). 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 including the sale of food and beverages where such service facilities are incidental to such principal filling station uses, but not including body or fender work or major repairs.
41. Gas Station/Mini-Mart. Use of a property for the dispensing of gasoline or other fuels from one or more pump islands, covered by a canopy either detached from, or attached to, the principal building which may be used for the sale of food, beverages, dairy products and related items, with no seating on the premises.
41A. Greenhouse. A building with a roof and sides largely made of glass or other clear material, in which the temperature and humidity can be regulated for the cultivation of plants.
42. Gross Leasable Floor Area (GFA). The total floor area of a commercial or industrial building designed for occupancy and exclusive use by a tenant, including mezzanines and upper floors, if any, and excluding stairs, elevator shafts, air shafts, public toilets, utility and mechanical equipment areas which are used solely for the maintenance of the building.
43. Groundwater. "Groundwater" and associated terms, as defined in RIGL 46-13.1-3.
44. 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.
45. Hardship. See Article 9 of this Ordinance and RIGL 45-24-41.
46. Historic District, or Historic Site. As defined in RIGL 45-22.2-4: "Historic district" means one or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites, and has been registered, or is deemed eligible to be included, on the state register of historical places pursuant to RIGL 45-45-5. "Historic site" means any real property, man-made structure, natural object, or configuration or any portion or group of the foregoing which has been registered, or is deemed eligible to be included, on the state register of historic places pursuant to RIGL 42-45-5.
47. Home Occupation. Any activity carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit, subject to the following conditions:
a. is carried on by a member of the family residing in the dwelling unit;
b. is clearly incidental and secondary to the use of the dwelling unit for residential purposes; and
c. conforms to the following conditions:
(1) No person not a resident member of the family shall be employed in the home occupation;
(2) There shall be no exterior display, no exterior sign, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building;
(3) No vibration, dust, odors, heat or glare or offensive noise shall be produced;
(4) No traffic shall be generated by such home occupation in greater volumes than would normally be expected from a single dwelling unit in a residential neighborhood;
(5) Any parking required for the conduct of such home occupation shall be provided off the street.
48. Hotel. Any structure containing ten (10) or more separate rooms for sleeping, offered to the public for compensation, in which ingress and egress to and from all rooms are made through an inside lobby but not including hospitals, convalescent homes or other charitable or religious institutions.
49. 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 not to exceed four (4).
50. Incentive Zoning. The process whereby the Town may grant additional development capacity in exchange for the developer's provision of a public benefit or amenity as specified in local ordinances.
51. Indoor Rollerblade and Skateboarding Facilities. Interior building areas of between 5,000 and 20,000 square feet in size, where rollerblading, indoor performance bicycling and skateboarding are allowed on courses with ramps, pools and similar areas. Such uses are mot permitted in any Office Business (OB) District.
52. Infrastructure. Facilities and services needed to sustain residential, commercial, industrial, institutional and other activities.
53. Institutional Dormitory. A structure used for housing purposes by persons generally unrelated to each other by blood or marriage but associated by reason or participation in the activities of a medical, religious, commercial or educational organization. Such institutional dormitories are characterized by the provision of sleeping accommodations and may or may not contain a common kitchen, dining or recreation facilities.
54. Land Development Project. 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 single use, 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.
55. Line, Street. A lot line separating a lot from an adjacent street.
55A. Livestock Farm. A farm of at least two acres substantially devoted to breeding and raising animals such as dairy cows, poultry, game and game birds, beef cattle, sheep, horses and bees.
56. 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.
57. Lot Area. The total area within the boundaries of a lot, excluding any street right-of-way, usually reported in acres or square feet.
58. Lot Building Coverage. That portion of the lot that is or may be covered by buildings and accessory buildings.
59. Lot, Corner. A lot at the junction of and fronting on two or more intersecting streets.
60. RESERVED
61. 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.
62. Lot Frontage. That portion of a lot abutting a street.
63. 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;
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 (10') 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, a side lot line may be a street lot line.
64. Lot of Record. A parcel of land lawfully recorded in the office of the Town Clerk of the Town of Middletown.
65. 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.
66. 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.
67. Mere Inconvenience. See RIGL 45-24-41 and Article 9 of this Ordinance.
68. Mixed Residential and Commercial Uses. The use of any structure or group of structures on a single lot of record for both residential and commercial purposes, provided, however, this definition shall not include accessory uses, customary home occupation or an office for use by a resident of the premises. The commercial use so mixed must be a use either permitted in the zone in which the lot is situated, authorized by the Zoning Board of Review or granted by the Town Council. Commercial uses as used in this definition are all uses listed in Section 602 under the following general classifications: Retail Commercial, Personal Services, Business Services, Professional Services.
69. Mixed Use. A mixture of land uses within a single development, building or tract.
70. RESERVED
71. Mobile Home Park. A lot upon which two (2) or more mobile homes occupied for residential, nontransient, purposes are located.
72. Modification. Permission granted and administered by the zoning enforcement officer of the town and pursuant to the provisions of this Ordinance contained herein to grant a dimensional variance other than lot area requirements from the zoning ordinance to a limited degree as determined by the zoning ordinance of the town but not to exceed twenty-five percent (25%) of each of the applicable dimensional requirements.
73. Motel. A series of attached, semidetached or detached one or two-story units containing bedroom, bathroom and closet space where each unit has an individual entrance from outside the building to serve each such unit and are designed primarily for transient automobile travelers.
74. Multifamily Dwelling Project. A large-scale complex of two (2) or more multifamily dwelling structures upon a single lot, which are planned, developed and managed as a unit, with required open space, recreation areas, off-street parking and related accessory uses. Residential use may be for rental apartments, condominiums or time-share estates.
75. Multifamily Dwelling Structure. A small scale multifamily dwelling in a single principal building upon a single lot, used principally for residential purposes and housing not less than three (3) nor more than six (6) dwelling units. Permitted accessory uses include storage, laundry and drying facilities, refuse collection, recreation facilities, off-street parking and related accessory uses which are intended primarily for the use of residents of the building and their guests.
76. Nonconformance. A building, structure, or parcel of land or use thereof, lawfully existing at the time of the adoption of this zoning ordinance and not in conformity with the provisions of this ordinance or amendment. Nonconformance shall be of only two (2) types:
a. Nonconforming by use: A lawfully established use of land, building or structure which is not a permitted use in that zoning district. A building or structure containing more dwelling units than are permitted by the use regulations of a zoning ordinance shall be nonconforming by use; 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 shall be 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, shall be nonconforming by dimension.
77. Office, General Professional. A commercial establishment in which the principal use is a personal or professional service. Included without limitation in this definition of office are medical, insurance, finance, law, real estate, engineering or similar professional services. Specifically excluded from this definition is the sale of products stored on the premises at wholesale or retail, warehousing operations or service and/or repair activities.
78. Office (for use by a resident of the premises). The use as a professional office in a building in which the proprietor, manager, owner or tenant maintains a full-time residence and which employs no more than one (1) person or associate not a resident of the premises.
79. Overlay District. A district established in a zoning ordinance that is superimposed on one or more districts or parts of districts that imposes specified requirements in addition to, but not less than, those otherwise applicable for the underlying zone.
80. Park. An open space set aside for the purpose of passive recreation including those open space areas permitted within cluster and condominium developments.
81. Performance Standards. A set of criteria or limits relating to elements which a particular use or process either must meet or may not exceed.
82. Permitted Use. A use by right which is specifically authorized in a particular zoning district.
83. Planned Development. A "land development project", as defined herein, developed according to plan as a single entity containing one or more structures and/or uses with appurtenant common areas.
84. Planning Board. The official planning agency of the municipality whether designated as the plan commission, planning commission, plan board or as otherwise known.
85. Preapplication Conference. A review meeting of a proposed development held between applicants and reviewing agencies as permitted by law and municipal ordinance, before formal submission of an application for a permit or for development approval.
86. Principal or Main Use. The specific primary purpose for which a lot of land or structure is used.
86A. Product Stand. A stand or structure for the display and sale of agricultural products.
87. Residential Care and Assisted Living Facility. A facility that provides personal assistance, lodging and meals, excluding however, any establishment or facility licensed pursuant to Title 23, Chapter 17 of the Rhode Island General Laws and those facilities licensed by or under the jurisdiction of the Department of Mental Health, Retardation and Hospitals, the Department of Children, Youth and Families. Residential care and assisted living facilities include Alzheimer Special Care Units (ASCU) which are residential care and assisted living facilities that lock, secure, segregate or provide a special program or a special unit for residents with a diagnosis of probable Alzheimerís or related disorder, to prevent or limit access by a resident outside the designated or separated area and that advertises or markets the facility as providing specialized Alzheimerís and/or dementia care services. All residential care and assisted living facilities shall make available to residents daily meals in a communal setting, house keeping services, twenty-four (24) hour personal assistance, recreational facilities and transportation services. All residential care and assisted living facilities shall be licensed under Rhode Island General Laws Title 23, Chapter 17.4.
88. Rest, Retirement, Convalescent or Nursing Home. A structure used for provision of medical care or supervision to residents of the premises and further subject to the provisions of Chapter 45, Title 5 of the General Laws of Rhode Island.
88A. Riding Academy or School. A structure or premises used to
(a) board and care for horses;
(b) give instruction or training in riding, jumping and/or showing horses; and
(c) rent horses for riding.
89. Rooming House. A single-family dwelling in which the principal resident rents not more than two rooms, without kitchen facilities and with or without provision of meals, to not more than two persons per room.
90. 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 place.
91. Small-scale Shopping Center. A grouping of three (3) or more commercial establishments primarily retail in nature, planned, developed and managed as a unit, located on a single lot or contiguous lots and containing 20,000 square feet total of Gross Leasable Floor Area (GFA). A small-scale shopping center may be developed for rental of individual units or for sale of condominium units or a combination of both. Large-scale Shopping Center. A grouping of three (3) or more commercial establishments primarily retail in nature, planned, developed and managed as a unit, located on a single lot or contiguous lots and containing a total of 20,000 square feet or more of Gross Leasable Floor Area; or any single commercial establishment that is primarily retail in nature and meets the requirements of this definition for location and size. A large-scale shopping center may be developed either for rental of individual units or for sale of condominium units or a combination of both.
92. Sign. See definitions for signs at section 1201 of this Ordinance.
93. Site Plan. The development plan for one or more lots on which is shown the existing and/or the proposed conditions of the lot.
94. Solid Waste Compaction and Transfer Station. A facility where solid waste materials are collected and compacted for transfer and disposal to a site or sites beyond the boundaries of the town.
95. Special Use. A regulated use which is permitted pursuant to the special-use permit issued by the authorized governmental entity, pursuant to RIGL 45-24-42, formerly referred to as a special exception.
96. Street. A public way established or maintained under public authority, a private way open for public uses and a private way platted or laid out for ultimate public use whether or not constructed.
97. 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.
98. Substandard Lot of Record. Any lot lawfully existing at the time of adoption or amendment of a zoning ordinance not in conformance with the dimensional and/or area provisions of that ordinance.
99. Townhouse. A type of multifamily dwelling containing not less than three (3) nor more than six (6) dwelling units, each having a completely separate entrance at ground level.
99A. Traditional Farm-Related Accessory Use. An accessory use customarily incidental to a use permitted as an agricultural use under Section 602, regardless of whether it is located on the same lot as the principal use.
100. 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.
101. 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 a zoning ordinance. There shall be only two (2) categories of variance: A use variance or a dimensional variance.
a. Use Variance. Permission to depart from the use requirements of a 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 zoning ordinance.
b. Dimensional Variance. Permission to depart from the dimensional requirements of a 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. However, the fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief. (Also known as a "Regulatory Variance")
102. Waters. As defined in RIGL 46-12-1 (b).
103. Watershed Protection District. A district superimposed over any other zoning district established by this Ordinance. The Watershed Protection District is established to protect, preserve and maintain the quality and quantity of surface and ground water utilized by the Town.
104. Wetland, Coastal. As defined in RIGL 2-1-14. A salt marsh bordering on the tidal waters of the state and contiguous uplands extending no more than fifty (50) yards inland therefrom.
105. Wetland, Freshwater. As defined in RIGL 2-1-20. A marsh, swamp, bog, pond, river, river or stream flood plain or back area subject to flooding or storm flowage; emergent or submergent plant community in any body of fresh water; or area within fifty feet (50') of the edge of a bog, marsh, swamp, or pond, as defined in RIGL 2-1- 20.
106. Yard. A space on the same lot with a main building, open, unoccupied and unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in this Ordinance.
107. Yard, Front. The area between a street line and a line parallel thereto drawn through the nearest point of a main structure, extending between side lot lines.
108. Yard, Side. A yard between the main building and the side lot line, extending from the front yard or front lot line where not front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the main building.
109. Yard, Rear. A yard extending across the full width of the lot between the rearmost main building and the rear lot line, the depth of which shall be the least distance between the rear lot line and the rear of such main building.
110. Zoning Certificate. A document signed by the zoning enforcement officer, as required in the zoning ordinance, which acknowledges that a use, structure, building or lot either complies with or is legally nonconforming to the provisions of this zoning ordinance or is an authorized variance or modification therefrom.
111. Zoning Map. The map or maps which are a part of the zoning ordinance and which delineate the boundaries of all mapped zoning districts within the physical boundary of the town.
112. Zoning Ordinance. An ordinance enacted by the legislative body of the town pursuant to RIGL 45-24 and in the manner providing for the adoption of ordinances in the town's home rule charter, which sets forth regulations and standards relating to the nature and extent of uses of land and structures, which is consistent with the comprehensive plan of the town as defined in RIGL 45-22.2, which includes a zoning map and which complies with the provisions of this chapter.
113. 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. The districts include, but are not limited to: Agricultural, commercial, industrial, institutional, open space and residential. Each district may include sub- districts. Districts may be combined.