§ 45-24-31 Definitions. – Where words or terms used in this chapter are defined in § 45-22.2-4, theyhave the meanings stated in that section. In addition, the following words havethe following meanings. Additional words and phrases may be used in developinglocal ordinances under this chapter; however, the words and phrases defined inthis section are controlling in all local ordinances created under this chapter:
(1) Abutter. One whose property abuts, that is,adjoins at a border, boundary, or point with no intervening land.
(2) Accessory Dwelling Unit. A dwelling unit: (i)rented to and occupied either by one or more members of the family of theoccupant or occupants of the principal residence; or (ii) reserved for rentaloccupancy by a person or a family where the principal residence is owneroccupied, and which meets the following provisions:
(A) In zoning districts that allow residential uses, no morethan one accessory dwelling unit may be an accessory to a single-familydwelling.
(B) An accessory dwelling unit shall include separate cookingand sanitary facilities, with its own legal means of ingress and egress and isa complete, separate dwelling unit. The accessory dwelling unit shall be withinor attached to the principal dwelling unit structure or within an existingstructure, such as a garage or barn, and designed so that the appearance of theprincipal structure remains that of a one-family residence.
(3) Accessory Use. A use of land or of a building, orportion thereof, customarily incidental and subordinate to the principal use ofthe land or building. An accessory use may be restricted to the same lot as theprincipal use. An accessory use shall not be permitted without the principaluse to which it is related.
(4) Aggrieved Party. An aggrieved party, for purposesof this chapter, shall be:
(i) Any person or persons or entity or entities who candemonstrate that their property will be injured by a decision of any officer oragency responsible for administering the zoning ordinance of a city or town; or
(ii) Anyone requiring notice pursuant to this chapter.
(5) Agricultural Land. "Agricultural land", as definedin § 45-22.2-4.
(7) Applicant. An owner or authorized agent of theowner submitting an application or appealing an action of any official, board,or agency.
(8) Application. The completed form or forms and allaccompanying documents, exhibits, and fees required of an applicant by anapproving authority for development review, approval, or permitting purposes.
(9) Buffer. Land which is maintained in either anatural or landscaped state, and is used to screen and/or mitigate the impactsof development on surrounding areas, properties, or rights-of-way.
(10) Building. Any structure used or intended forsupporting or sheltering any use or occupancy.
(11) Building Envelope. The three-dimensional spacewithin which a structure is permitted to be built on a lot and which is definedby regulations governing building setbacks, maximum height, and bulk; by otherregulations; and/or by any combination thereof.
(12) Building Height. The vertical distance fromgrade, as determined by the municipality, to the top of the highest point ofthe roof or structure. The distance may exclude spires, chimneys, flag poles,and the like.
(13) Cluster. A site planning technique thatconcentrates buildings in specific areas on the site to allow the remainingland to be used for recreation, common open space, and/or preservation ofenvironmentally, historically, culturally, or other sensitive features and/orstructures. The techniques used to concentrate buildings shall be specified inthe ordinance and may include, but are not limited to, reduction in lot areas,setback requirements, and/or bulk requirements, with the resultant open landbeing devoted by deed restrictions for one or more uses. Under clusterdevelopment there is no increase in the number of lots that would be permittedunder conventional development except where ordinance provisions includeincentive bonuses for certain types or conditions of development.
(14) Common Ownership. Either:
(i) Ownership by one or more individuals or entities in anyform of ownership of two (2) or more contiguous lots; or
(ii) Ownership by any association (ownership may also includea municipality) of one or more lots under specific development techniques.
(15) Community Residence. A home or residentialfacility where children and/or adults reside in a family setting and may or maynot receive supervised care. This does not include halfway houses or substanceabuse treatment facilities. This does include, but is not limited, to thefollowing:
(i) Whenever six (6) or fewer children or adults withretardation reside in any type of residence in the community, as licensed bythe state pursuant to chapter 24 of title 40.1. All requirements pertaining tolocal zoning are waived for these community residences;
(ii) A group home providing care or supervision, or both, tonot more than eight (8) persons with disabilities, and licensed by the statepursuant to chapter 24 of title 40.1;
(iii) A residence for children providing care or supervision,or both, to not more than eight (8) children including those of the care giverand licensed by the state pursuant to chapter 72.1 of title 42;
(iv) A community transitional residence providing care orassistance, or both, to no more than six (6) unrelated persons or no more thanthree (3) families, not to exceed a total of eight (8) persons, requiringtemporary financial assistance, and/or to persons who are victims of crimes,abuse, or neglect, and who are expected to reside in that residence not lessthan sixty (60) days nor more than two (2) years. Residents will have access toand use of all common areas, including eating areas and living rooms, and willreceive appropriate social services for the purpose of fostering independence,self-sufficiency, and eventual transition to a permanent living situation.
(16) Comprehensive Plan. The comprehensive planadopted and approved pursuant to chapter 22.2 of this title and to which anyzoning adopted pursuant to this chapter shall be in compliance.
(17) Day Care – Day Care Center. Any other daycare center which is not a family day care home.
(18) Day Care – Family Day Care Home. Any homeother than the individual's home in which day care in lieu of parental care orsupervision is offered at the same time to six (6) or less individuals who arenot relatives of the care giver, but may not contain more than a total of eight(8) individuals receiving day care.
(19) Density, Residential. The number of dwellingunits per unit of land.
(20) 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, oralteration or extension of the use, of land.
(21) Development Plan Review. The process wherebyauthorized local officials review the site plans, maps, and other documentationof a development to determine the compliance with the stated purposes andstandards of the ordinance.
(22) District. See "zoning use district".
(23) Drainage System. A system for the removal ofwater from land by drains, grading, or other appropriate means. Thesetechniques may include runoff controls to minimize erosion and sedimentationduring and after construction or development, the means for preserving surfaceand groundwaters, and the prevention and/or alleviation of flooding.
(24) Dwelling Unit. A structure or portion of astructure providing complete, independent living facilities for one or morepersons, including permanent provisions for living, sleeping, eating, cooking,and sanitation, and containing a separate means of ingress and egress.
(25) Extractive Industry. The extraction of minerals,including: solids, such as coal and ores; liquids, such as crude petroleum; andgases, such as natural gases. The term also includes quarrying; well operation;milling, such as crushing, screening, washing, and flotation; and otherpreparation customarily done at the extraction site or as a part of theextractive activity.
(26) Family. A person or persons related by blood,marriage, or other legal means. See also "Household".
(27) Floating Zone. An unmapped zoning districtadopted within the ordinance which is established on the zoning map only whenan application for development, meeting the zone requirements, is approved.
(28) Floodplains, or Flood Hazard Area. As defined in§ 45-22.2-4.
(29) Groundwater. "Groundwater" and associated terms,as defined in § 46-13.1-3.
(30) Halfway House. A residential facility for adultsor children who have been institutionalized for criminal conduct and whorequire a group setting to facilitate the transition to a functional member ofsociety.
(31) Hardship. See § 45-24-41.
(32) Historic District, or Historic Site. As definedin § 45-22.2-4.
(33) Home Occupation. Any activity customarily carriedout for gain by a resident, conducted as an accessory use in the resident'sdwelling unit.
(34) Household. One or more persons living together ina single dwelling unit, with common access to, and common use of, all livingand eating areas and all areas and facilities for the preparation and storageof food within the dwelling unit. The term "household unit" is synonymous withthe term "dwelling unit" for determining the number of units allowed within anystructure on any lot in a zoning district. An individual household shallconsist of any one of the following:
(i) A family, which may also include servants and employeesliving with the family; or
(ii) A person or group of unrelated persons living together.The maximum number may be set by local ordinance, but this maximum shall not beless than three (3).
(35) Incentive Zoning. The process whereby the localauthority may grant additional development capacity in exchange for thedeveloper's provision of a public benefit or amenity as specified in localordinances.
(36) Infrastructure. Facilities and services needed tosustain residential, commercial, industrial, institutional, and otheractivities.
(37) Land Development Project. A project in which oneor more lots, tracts, or parcels of land are to be developed or redeveloped asa coordinated site for a complex of uses, units, or structures, including, butnot limited to, planned development and/or cluster development for residential,commercial, institutional, recreational, open space, and/or mixed uses as maybe provided for in the zoning ordinance.
(38) Lot. Either:
(i) The basic development unit for determination of lot area,depth, and other dimensional regulations; or
(ii) A parcel of land whose boundaries have been establishedby some legal instrument such as a recorded deed or recorded map and which isrecognized as a separate legal entity for purposes of transfer of title.
(39) Lot Area. The total area within the boundaries ofa lot, excluding any street right-of-way, usually reported in acres or squarefeet.
(40) Lot Building Coverage. That portion of the lotthat is or may be covered by buildings and accessory buildings.
(41) Lot Depth. The distance measured from the frontlot line to the rear lot line. For lots where the front and rear lot lines arenot parallel, the lot depth is an average of the depth.
(42) Lot Frontage. That portion of a lot abutting astreet. A zoning ordinance shall specify how noncontiguous frontage will beconsidered with regard to minimum frontage requirements.
(43) Lot Line. A line of record, bounding a lot, whichdivides one lot from another lot or from a public or private street or anyother public or private space and shall include:
(i) Front: the lot line separating a lot from a streetright-of-way. A zoning ordinance shall specify the method to be used todetermine the front lot line on lots fronting on more than one street, forexample, corner and through lots;
(ii) Rear: the lot line opposite and most distant from thefront lot line, or in the case of triangular or otherwise irregularly shapedlots, an assumed line at least ten feet (10') in length entirely within thelot, parallel to and at a maximum distance from the front lot line; and
(iii) 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, depending onrequirements of the local zoning ordinance.
(44) Lot, Through. A lot which fronts upon two (2)parallel streets, or which fronts upon two (2) streets which do not intersectat the boundaries of the lot.
(45) Lot Width. The horizontal distance between theside lines of a lot measured at right angles to its depth along a straight lineparallel to the front lot line at the minimum front setback line.
(46) Mere Inconvenience. See § 45-24-41.
(47) Mixed Use. A mixture of land uses within a singledevelopment, building, or tract.
(48) Modification. Permission granted and administeredby the zoning enforcement officer of the city or town, and pursuant to theprovisions of this chapter to grant a dimensional variance other than lot arearequirements from the zoning ordinance to a limited degree as determined by thezoning ordinance of the city or town, but not to exceed twenty-five percent(25%) of each of the applicable dimensional requirements.
(49) Nonconformance. A building, structure, or parcelof land, or use thereof, lawfully existing at the time of the adoption oramendment of a zoning ordinance and not in conformity with the provisions ofthat ordinance or amendment. Nonconformance is of only two (2) types:
(i) Nonconforming by use: a lawfully established use of land,building, or structure which is not a permitted use in that zoning district. Abuilding or structure containing more dwelling units than are permitted by theuse regulations of a zoning ordinance is nonconformity by use; or
(ii) Nonconforming by dimension: a building, structure, orparcel of land not in compliance with the dimensional regulations of the zoningordinance. Dimensional regulations include all regulations of the zoningordinance, other than those pertaining to the permitted uses. A building orstructure containing more dwelling units than are permitted by the useregulations of a zoning ordinance is nonconforming by use; a building orstructure containing a permitted number of dwelling units by the useregulations of the zoning ordinance, but not meeting the lot area per dwellingunit regulations, is nonconforming by dimension.
(50) Overlay District. A district established in azoning ordinance that is superimposed on one or more districts or parts ofdistricts and that imposes specified requirements in addition to, but not less,than those otherwise applicable for the underlying zone.
(51) Performance Standards. A set of criteria orlimits relating to elements which a particular use or process must either meetor may not exceed.
(52) Permitted Use. A use by right which isspecifically authorized in a particular zoning district.
(53) Planned Development. A "land developmentproject", as defined in § 45-24-31(37), and developed according to plan asa single entity and containing one or more structures and/or uses withappurtenant common areas.
(54) Preapplication Conference. A review meeting of aproposed development held between applicants and reviewing agencies aspermitted by law and municipal ordinance, before formal submission of anapplication for a permit or for development approval.
(55) Setback Line or Lines. A line or lines parallelto a lot line at the minimum distance of the required setback for the zoningdistrict in which the lot is located that establishes the area within which theprincipal structure must be erected or placed.
(56) Site Plan. The development plan for one or morelots on which is shown the existing and/or the proposed conditions of the lot.
(57) Special Use. A regulated use which is permittedpursuant to the special-use permit issued by the authorized governmentalentity, pursuant to § 45-24-42. Formerly referred to as a specialexception.
(58) Structure. A combination of materials to form aconstruction for use, occupancy, or ornamentation, whether installed on, above,or below, the surface of land or water.
(59) Substandard Lot of Record. Any lot lawfullyexisting at the time of adoption or amendment of a zoning ordinance and not inconformance with the dimensional and/or area provisions of that ordinance.
(60) Use. The purpose or activity for which land orbuildings are designed, arranged, or intended, or for which land or buildingsare occupied or maintained.
(61) Variance. Permission to depart from the literalrequirements of a zoning ordinance. An authorization for the construction ormaintenance of a building or structure, or for the establishment or maintenanceof a use of land, which is prohibited by a zoning ordinance. There are only two(2) categories of variance, a use variance or a dimensional variance.
(i) Use Variance. Permission to depart from the userequirements of a zoning ordinance where the applicant for the requestedvariance has shown by evidence upon the record that the subject land orstructure cannot yield any beneficial use if it is to conform to the provisionsof the zoning ordinance.
(ii) Dimensional Variance. Permission to depart fromthe dimensional requirements of a zoning ordinance, where the applicant for therequested relief has shown, by evidence upon the record, that there is no otherreasonable alternative way to enjoy a legally permitted beneficial use of thesubject property unless granted the requested relief from the dimensionalregulations. However, the fact that a use may be more profitable or that astructure may be more valuable after the relief is granted are not grounds forrelief.
(62) Waters. As defined in § 46-12-1(23).
(63) Wetland, Coastal. As defined in § 45-22.2-4.
(64) Wetland, Freshwater. As defined in § 2-1-20.
(65) Zoning Certificate. A document signed by thezoning enforcement officer, as required in the zoning ordinance, whichacknowledges that a use, structure, building, or lot either complies with or islegally nonconforming to the provisions of the municipal zoning ordinance or isan authorized variance or modification therefrom.
(66) Zoning Map. The map or maps which are a part ofthe zoning ordinance and which delineate the boundaries of all mapped zoningdistricts within the physical boundary of the city or town.
(67) Zoning Ordinance. An ordinance enacted by thelegislative body of the city or town pursuant to this chapter and in the mannerproviding for the adoption of ordinances in the city or town's legislative orhome rule charter, if any, which establish regulations and standards relatingto the nature and extent of uses of land and structures, which is consistentwith the comprehensive plan of the city or town as defined in chapter 22.2 ofthis title, which includes a zoning map, and which complies with the provisionsof this chapter.
(68) Zoning Use District. The basic unit in zoning,either mapped or unmapped, to which a uniform set of regulations applies, or auniform set of regulations for a specified use. Zoning use districts include,but are not limited to: agricultural, commercial, industrial, institutional,open space, and residential. Each district may include sub-districts. Districtsmay be combined.
§ 45-24-31 Definitions. – Where words or terms used in this chapter are defined in § 45-22.2-4, theyhave the meanings stated in that section. In addition, the following words havethe following meanings. Additional words and phrases may be used in developinglocal ordinances under this chapter; however, the words and phrases defined inthis section are controlling in all local ordinances created under this chapter:
(1) Abutter. One whose property abuts, that is,adjoins at a border, boundary, or point with no intervening land.
(2) Accessory Dwelling Unit. A dwelling unit: (i)rented to and occupied either by one or more members of the family of theoccupant or occupants of the principal residence; or (ii) reserved for rentaloccupancy by a person or a family where the principal residence is owneroccupied, and which meets the following provisions:
(A) In zoning districts that allow residential uses, no morethan one accessory dwelling unit may be an accessory to a single-familydwelling.
(B) An accessory dwelling unit shall include separate cookingand sanitary facilities, with its own legal means of ingress and egress and isa complete, separate dwelling unit. The accessory dwelling unit shall be withinor attached to the principal dwelling unit structure or within an existingstructure, such as a garage or barn, and designed so that the appearance of theprincipal structure remains that of a one-family residence.
(3) Accessory Use. A use of land or of a building, orportion thereof, customarily incidental and subordinate to the principal use ofthe land or building. An accessory use may be restricted to the same lot as theprincipal use. An accessory use shall not be permitted without the principaluse to which it is related.
(4) Aggrieved Party. An aggrieved party, for purposesof this chapter, shall be:
(i) Any person or persons or entity or entities who candemonstrate that their property will be injured by a decision of any officer oragency responsible for administering the zoning ordinance of a city or town; or
(ii) Anyone requiring notice pursuant to this chapter.
(5) Agricultural Land. "Agricultural land", as definedin § 45-22.2-4.
(7) Applicant. An owner or authorized agent of theowner submitting an application or appealing an action of any official, board,or agency.
(8) Application. The completed form or forms and allaccompanying documents, exhibits, and fees required of an applicant by anapproving authority for development review, approval, or permitting purposes.
(9) Buffer. Land which is maintained in either anatural or landscaped state, and is used to screen and/or mitigate the impactsof development on surrounding areas, properties, or rights-of-way.
(10) Building. Any structure used or intended forsupporting or sheltering any use or occupancy.
(11) Building Envelope. The three-dimensional spacewithin which a structure is permitted to be built on a lot and which is definedby regulations governing building setbacks, maximum height, and bulk; by otherregulations; and/or by any combination thereof.
(12) Building Height. The vertical distance fromgrade, as determined by the municipality, to the top of the highest point ofthe roof or structure. The distance may exclude spires, chimneys, flag poles,and the like.
(13) Cluster. A site planning technique thatconcentrates buildings in specific areas on the site to allow the remainingland to be used for recreation, common open space, and/or preservation ofenvironmentally, historically, culturally, or other sensitive features and/orstructures. The techniques used to concentrate buildings shall be specified inthe ordinance and may include, but are not limited to, reduction in lot areas,setback requirements, and/or bulk requirements, with the resultant open landbeing devoted by deed restrictions for one or more uses. Under clusterdevelopment there is no increase in the number of lots that would be permittedunder conventional development except where ordinance provisions includeincentive bonuses for certain types or conditions of development.
(14) Common Ownership. Either:
(i) Ownership by one or more individuals or entities in anyform of ownership of two (2) or more contiguous lots; or
(ii) Ownership by any association (ownership may also includea municipality) of one or more lots under specific development techniques.
(15) Community Residence. A home or residentialfacility where children and/or adults reside in a family setting and may or maynot receive supervised care. This does not include halfway houses or substanceabuse treatment facilities. This does include, but is not limited, to thefollowing:
(i) Whenever six (6) or fewer children or adults withretardation reside in any type of residence in the community, as licensed bythe state pursuant to chapter 24 of title 40.1. All requirements pertaining tolocal zoning are waived for these community residences;
(ii) A group home providing care or supervision, or both, tonot more than eight (8) persons with disabilities, and licensed by the statepursuant to chapter 24 of title 40.1;
(iii) A residence for children providing care or supervision,or both, to not more than eight (8) children including those of the care giverand licensed by the state pursuant to chapter 72.1 of title 42;
(iv) A community transitional residence providing care orassistance, or both, to no more than six (6) unrelated persons or no more thanthree (3) families, not to exceed a total of eight (8) persons, requiringtemporary financial assistance, and/or to persons who are victims of crimes,abuse, or neglect, and who are expected to reside in that residence not lessthan sixty (60) days nor more than two (2) years. Residents will have access toand use of all common areas, including eating areas and living rooms, and willreceive appropriate social services for the purpose of fostering independence,self-sufficiency, and eventual transition to a permanent living situation.
(16) Comprehensive Plan. The comprehensive planadopted and approved pursuant to chapter 22.2 of this title and to which anyzoning adopted pursuant to this chapter shall be in compliance.
(17) Day Care – Day Care Center. Any other daycare center which is not a family day care home.
(18) Day Care – Family Day Care Home. Any homeother than the individual's home in which day care in lieu of parental care orsupervision is offered at the same time to six (6) or less individuals who arenot relatives of the care giver, but may not contain more than a total of eight(8) individuals receiving day care.
(19) Density, Residential. The number of dwellingunits per unit of land.
(20) 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, oralteration or extension of the use, of land.
(21) Development Plan Review. The process wherebyauthorized local officials review the site plans, maps, and other documentationof a development to determine the compliance with the stated purposes andstandards of the ordinance.
(22) District. See "zoning use district".
(23) Drainage System. A system for the removal ofwater from land by drains, grading, or other appropriate means. Thesetechniques may include runoff controls to minimize erosion and sedimentationduring and after construction or development, the means for preserving surfaceand groundwaters, and the prevention and/or alleviation of flooding.
(24) Dwelling Unit. A structure or portion of astructure providing complete, independent living facilities for one or morepersons, including permanent provisions for living, sleeping, eating, cooking,and sanitation, and containing a separate means of ingress and egress.
(25) Extractive Industry. The extraction of minerals,including: solids, such as coal and ores; liquids, such as crude petroleum; andgases, such as natural gases. The term also includes quarrying; well operation;milling, such as crushing, screening, washing, and flotation; and otherpreparation customarily done at the extraction site or as a part of theextractive activity.
(26) Family. A person or persons related by blood,marriage, or other legal means. See also "Household".
(27) Floating Zone. An unmapped zoning districtadopted within the ordinance which is established on the zoning map only whenan application for development, meeting the zone requirements, is approved.
(28) Floodplains, or Flood Hazard Area. As defined in§ 45-22.2-4.
(29) Groundwater. "Groundwater" and associated terms,as defined in § 46-13.1-3.
(30) Halfway House. A residential facility for adultsor children who have been institutionalized for criminal conduct and whorequire a group setting to facilitate the transition to a functional member ofsociety.
(31) Hardship. See § 45-24-41.
(32) Historic District, or Historic Site. As definedin § 45-22.2-4.
(33) Home Occupation. Any activity customarily carriedout for gain by a resident, conducted as an accessory use in the resident'sdwelling unit.
(34) Household. One or more persons living together ina single dwelling unit, with common access to, and common use of, all livingand eating areas and all areas and facilities for the preparation and storageof food within the dwelling unit. The term "household unit" is synonymous withthe term "dwelling unit" for determining the number of units allowed within anystructure on any lot in a zoning district. An individual household shallconsist of any one of the following:
(i) A family, which may also include servants and employeesliving with the family; or
(ii) A person or group of unrelated persons living together.The maximum number may be set by local ordinance, but this maximum shall not beless than three (3).
(35) Incentive Zoning. The process whereby the localauthority may grant additional development capacity in exchange for thedeveloper's provision of a public benefit or amenity as specified in localordinances.
(36) Infrastructure. Facilities and services needed tosustain residential, commercial, industrial, institutional, and otheractivities.
(37) Land Development Project. A project in which oneor more lots, tracts, or parcels of land are to be developed or redeveloped asa coordinated site for a complex of uses, units, or structures, including, butnot limited to, planned development and/or cluster development for residential,commercial, institutional, recreational, open space, and/or mixed uses as maybe provided for in the zoning ordinance.
(38) Lot. Either:
(i) The basic development unit for determination of lot area,depth, and other dimensional regulations; or
(ii) A parcel of land whose boundaries have been establishedby some legal instrument such as a recorded deed or recorded map and which isrecognized as a separate legal entity for purposes of transfer of title.
(39) Lot Area. The total area within the boundaries ofa lot, excluding any street right-of-way, usually reported in acres or squarefeet.
(40) Lot Building Coverage. That portion of the lotthat is or may be covered by buildings and accessory buildings.
(41) Lot Depth. The distance measured from the frontlot line to the rear lot line. For lots where the front and rear lot lines arenot parallel, the lot depth is an average of the depth.
(42) Lot Frontage. That portion of a lot abutting astreet. A zoning ordinance shall specify how noncontiguous frontage will beconsidered with regard to minimum frontage requirements.
(43) Lot Line. A line of record, bounding a lot, whichdivides one lot from another lot or from a public or private street or anyother public or private space and shall include:
(i) Front: the lot line separating a lot from a streetright-of-way. A zoning ordinance shall specify the method to be used todetermine the front lot line on lots fronting on more than one street, forexample, corner and through lots;
(ii) Rear: the lot line opposite and most distant from thefront lot line, or in the case of triangular or otherwise irregularly shapedlots, an assumed line at least ten feet (10') in length entirely within thelot, parallel to and at a maximum distance from the front lot line; and
(iii) 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, depending onrequirements of the local zoning ordinance.
(44) Lot, Through. A lot which fronts upon two (2)parallel streets, or which fronts upon two (2) streets which do not intersectat the boundaries of the lot.
(45) Lot Width. The horizontal distance between theside lines of a lot measured at right angles to its depth along a straight lineparallel to the front lot line at the minimum front setback line.
(46) Mere Inconvenience. See § 45-24-41.
(47) Mixed Use. A mixture of land uses within a singledevelopment, building, or tract.
(48) Modification. Permission granted and administeredby the zoning enforcement officer of the city or town, and pursuant to theprovisions of this chapter to grant a dimensional variance other than lot arearequirements from the zoning ordinance to a limited degree as determined by thezoning ordinance of the city or town, but not to exceed twenty-five percent(25%) of each of the applicable dimensional requirements.
(49) Nonconformance. A building, structure, or parcelof land, or use thereof, lawfully existing at the time of the adoption oramendment of a zoning ordinance and not in conformity with the provisions ofthat ordinance or amendment. Nonconformance is of only two (2) types:
(i) Nonconforming by use: a lawfully established use of land,building, or structure which is not a permitted use in that zoning district. Abuilding or structure containing more dwelling units than are permitted by theuse regulations of a zoning ordinance is nonconformity by use; or
(ii) Nonconforming by dimension: a building, structure, orparcel of land not in compliance with the dimensional regulations of the zoningordinance. Dimensional regulations include all regulations of the zoningordinance, other than those pertaining to the permitted uses. A building orstructure containing more dwelling units than are permitted by the useregulations of a zoning ordinance is nonconforming by use; a building orstructure containing a permitted number of dwelling units by the useregulations of the zoning ordinance, but not meeting the lot area per dwellingunit regulations, is nonconforming by dimension.
(50) Overlay District. A district established in azoning ordinance that is superimposed on one or more districts or parts ofdistricts and that imposes specified requirements in addition to, but not less,than those otherwise applicable for the underlying zone.
(51) Performance Standards. A set of criteria orlimits relating to elements which a particular use or process must either meetor may not exceed.
(52) Permitted Use. A use by right which isspecifically authorized in a particular zoning district.
(53) Planned Development. A "land developmentproject", as defined in § 45-24-31(37), and developed according to plan asa single entity and containing one or more structures and/or uses withappurtenant common areas.
(54) Preapplication Conference. A review meeting of aproposed development held between applicants and reviewing agencies aspermitted by law and municipal ordinance, before formal submission of anapplication for a permit or for development approval.
(55) Setback Line or Lines. A line or lines parallelto a lot line at the minimum distance of the required setback for the zoningdistrict in which the lot is located that establishes the area within which theprincipal structure must be erected or placed.
(56) Site Plan. The development plan for one or morelots on which is shown the existing and/or the proposed conditions of the lot.
(57) Special Use. A regulated use which is permittedpursuant to the special-use permit issued by the authorized governmentalentity, pursuant to § 45-24-42. Formerly referred to as a specialexception.
(58) Structure. A combination of materials to form aconstruction for use, occupancy, or ornamentation, whether installed on, above,or below, the surface of land or water.
(59) Substandard Lot of Record. Any lot lawfullyexisting at the time of adoption or amendment of a zoning ordinance and not inconformance with the dimensional and/or area provisions of that ordinance.
(60) Use. The purpose or activity for which land orbuildings are designed, arranged, or intended, or for which land or buildingsare occupied or maintained.
(61) Variance. Permission to depart from the literalrequirements of a zoning ordinance. An authorization for the construction ormaintenance of a building or structure, or for the establishment or maintenanceof a use of land, which is prohibited by a zoning ordinance. There are only two(2) categories of variance, a use variance or a dimensional variance.
(i) Use Variance. Permission to depart from the userequirements of a zoning ordinance where the applicant for the requestedvariance has shown by evidence upon the record that the subject land orstructure cannot yield any beneficial use if it is to conform to the provisionsof the zoning ordinance.
(ii) Dimensional Variance. Permission to depart fromthe dimensional requirements of a zoning ordinance, where the applicant for therequested relief has shown, by evidence upon the record, that there is no otherreasonable alternative way to enjoy a legally permitted beneficial use of thesubject property unless granted the requested relief from the dimensionalregulations. However, the fact that a use may be more profitable or that astructure may be more valuable after the relief is granted are not grounds forrelief.
(62) Waters. As defined in § 46-12-1(23).
(63) Wetland, Coastal. As defined in § 45-22.2-4.
(64) Wetland, Freshwater. As defined in § 2-1-20.
(65) Zoning Certificate. A document signed by thezoning enforcement officer, as required in the zoning ordinance, whichacknowledges that a use, structure, building, or lot either complies with or islegally nonconforming to the provisions of the municipal zoning ordinance or isan authorized variance or modification therefrom.
(66) Zoning Map. The map or maps which are a part ofthe zoning ordinance and which delineate the boundaries of all mapped zoningdistricts within the physical boundary of the city or town.
(67) Zoning Ordinance. An ordinance enacted by thelegislative body of the city or town pursuant to this chapter and in the mannerproviding for the adoption of ordinances in the city or town's legislative orhome rule charter, if any, which establish regulations and standards relatingto the nature and extent of uses of land and structures, which is consistentwith the comprehensive plan of the city or town as defined in chapter 22.2 ofthis title, which includes a zoning map, and which complies with the provisionsof this chapter.
(68) Zoning Use District. The basic unit in zoning,either mapped or unmapped, to which a uniform set of regulations applies, or auniform set of regulations for a specified use. Zoning use districts include,but are not limited to: agricultural, commercial, industrial, institutional,open space, and residential. Each district may include sub-districts. Districtsmay be combined.
§ 45-24-31 Definitions. – Where words or terms used in this chapter are defined in § 45-22.2-4, theyhave the meanings stated in that section. In addition, the following words havethe following meanings. Additional words and phrases may be used in developinglocal ordinances under this chapter; however, the words and phrases defined inthis section are controlling in all local ordinances created under this chapter:
(1) Abutter. One whose property abuts, that is,adjoins at a border, boundary, or point with no intervening land.
(2) Accessory Dwelling Unit. A dwelling unit: (i)rented to and occupied either by one or more members of the family of theoccupant or occupants of the principal residence; or (ii) reserved for rentaloccupancy by a person or a family where the principal residence is owneroccupied, and which meets the following provisions:
(A) In zoning districts that allow residential uses, no morethan one accessory dwelling unit may be an accessory to a single-familydwelling.
(B) An accessory dwelling unit shall include separate cookingand sanitary facilities, with its own legal means of ingress and egress and isa complete, separate dwelling unit. The accessory dwelling unit shall be withinor attached to the principal dwelling unit structure or within an existingstructure, such as a garage or barn, and designed so that the appearance of theprincipal structure remains that of a one-family residence.
(3) Accessory Use. A use of land or of a building, orportion thereof, customarily incidental and subordinate to the principal use ofthe land or building. An accessory use may be restricted to the same lot as theprincipal use. An accessory use shall not be permitted without the principaluse to which it is related.
(4) Aggrieved Party. An aggrieved party, for purposesof this chapter, shall be:
(i) Any person or persons or entity or entities who candemonstrate that their property will be injured by a decision of any officer oragency responsible for administering the zoning ordinance of a city or town; or
(ii) Anyone requiring notice pursuant to this chapter.
(5) Agricultural Land. "Agricultural land", as definedin § 45-22.2-4.
(7) Applicant. An owner or authorized agent of theowner submitting an application or appealing an action of any official, board,or agency.
(8) Application. The completed form or forms and allaccompanying documents, exhibits, and fees required of an applicant by anapproving authority for development review, approval, or permitting purposes.
(9) Buffer. Land which is maintained in either anatural or landscaped state, and is used to screen and/or mitigate the impactsof development on surrounding areas, properties, or rights-of-way.
(10) Building. Any structure used or intended forsupporting or sheltering any use or occupancy.
(11) Building Envelope. The three-dimensional spacewithin which a structure is permitted to be built on a lot and which is definedby regulations governing building setbacks, maximum height, and bulk; by otherregulations; and/or by any combination thereof.
(12) Building Height. The vertical distance fromgrade, as determined by the municipality, to the top of the highest point ofthe roof or structure. The distance may exclude spires, chimneys, flag poles,and the like.
(13) Cluster. A site planning technique thatconcentrates buildings in specific areas on the site to allow the remainingland to be used for recreation, common open space, and/or preservation ofenvironmentally, historically, culturally, or other sensitive features and/orstructures. The techniques used to concentrate buildings shall be specified inthe ordinance and may include, but are not limited to, reduction in lot areas,setback requirements, and/or bulk requirements, with the resultant open landbeing devoted by deed restrictions for one or more uses. Under clusterdevelopment there is no increase in the number of lots that would be permittedunder conventional development except where ordinance provisions includeincentive bonuses for certain types or conditions of development.
(14) Common Ownership. Either:
(i) Ownership by one or more individuals or entities in anyform of ownership of two (2) or more contiguous lots; or
(ii) Ownership by any association (ownership may also includea municipality) of one or more lots under specific development techniques.
(15) Community Residence. A home or residentialfacility where children and/or adults reside in a family setting and may or maynot receive supervised care. This does not include halfway houses or substanceabuse treatment facilities. This does include, but is not limited, to thefollowing:
(i) Whenever six (6) or fewer children or adults withretardation reside in any type of residence in the community, as licensed bythe state pursuant to chapter 24 of title 40.1. All requirements pertaining tolocal zoning are waived for these community residences;
(ii) A group home providing care or supervision, or both, tonot more than eight (8) persons with disabilities, and licensed by the statepursuant to chapter 24 of title 40.1;
(iii) A residence for children providing care or supervision,or both, to not more than eight (8) children including those of the care giverand licensed by the state pursuant to chapter 72.1 of title 42;
(iv) A community transitional residence providing care orassistance, or both, to no more than six (6) unrelated persons or no more thanthree (3) families, not to exceed a total of eight (8) persons, requiringtemporary financial assistance, and/or to persons who are victims of crimes,abuse, or neglect, and who are expected to reside in that residence not lessthan sixty (60) days nor more than two (2) years. Residents will have access toand use of all common areas, including eating areas and living rooms, and willreceive appropriate social services for the purpose of fostering independence,self-sufficiency, and eventual transition to a permanent living situation.
(16) Comprehensive Plan. The comprehensive planadopted and approved pursuant to chapter 22.2 of this title and to which anyzoning adopted pursuant to this chapter shall be in compliance.
(17) Day Care – Day Care Center. Any other daycare center which is not a family day care home.
(18) Day Care – Family Day Care Home. Any homeother than the individual's home in which day care in lieu of parental care orsupervision is offered at the same time to six (6) or less individuals who arenot relatives of the care giver, but may not contain more than a total of eight(8) individuals receiving day care.
(19) Density, Residential. The number of dwellingunits per unit of land.
(20) 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, oralteration or extension of the use, of land.
(21) Development Plan Review. The process wherebyauthorized local officials review the site plans, maps, and other documentationof a development to determine the compliance with the stated purposes andstandards of the ordinance.
(22) District. See "zoning use district".
(23) Drainage System. A system for the removal ofwater from land by drains, grading, or other appropriate means. Thesetechniques may include runoff controls to minimize erosion and sedimentationduring and after construction or development, the means for preserving surfaceand groundwaters, and the prevention and/or alleviation of flooding.
(24) Dwelling Unit. A structure or portion of astructure providing complete, independent living facilities for one or morepersons, including permanent provisions for living, sleeping, eating, cooking,and sanitation, and containing a separate means of ingress and egress.
(25) Extractive Industry. The extraction of minerals,including: solids, such as coal and ores; liquids, such as crude petroleum; andgases, such as natural gases. The term also includes quarrying; well operation;milling, such as crushing, screening, washing, and flotation; and otherpreparation customarily done at the extraction site or as a part of theextractive activity.
(26) Family. A person or persons related by blood,marriage, or other legal means. See also "Household".
(27) Floating Zone. An unmapped zoning districtadopted within the ordinance which is established on the zoning map only whenan application for development, meeting the zone requirements, is approved.
(28) Floodplains, or Flood Hazard Area. As defined in§ 45-22.2-4.
(29) Groundwater. "Groundwater" and associated terms,as defined in § 46-13.1-3.
(30) Halfway House. A residential facility for adultsor children who have been institutionalized for criminal conduct and whorequire a group setting to facilitate the transition to a functional member ofsociety.
(31) Hardship. See § 45-24-41.
(32) Historic District, or Historic Site. As definedin § 45-22.2-4.
(33) Home Occupation. Any activity customarily carriedout for gain by a resident, conducted as an accessory use in the resident'sdwelling unit.
(34) Household. One or more persons living together ina single dwelling unit, with common access to, and common use of, all livingand eating areas and all areas and facilities for the preparation and storageof food within the dwelling unit. The term "household unit" is synonymous withthe term "dwelling unit" for determining the number of units allowed within anystructure on any lot in a zoning district. An individual household shallconsist of any one of the following:
(i) A family, which may also include servants and employeesliving with the family; or
(ii) A person or group of unrelated persons living together.The maximum number may be set by local ordinance, but this maximum shall not beless than three (3).
(35) Incentive Zoning. The process whereby the localauthority may grant additional development capacity in exchange for thedeveloper's provision of a public benefit or amenity as specified in localordinances.
(36) Infrastructure. Facilities and services needed tosustain residential, commercial, industrial, institutional, and otheractivities.
(37) Land Development Project. A project in which oneor more lots, tracts, or parcels of land are to be developed or redeveloped asa coordinated site for a complex of uses, units, or structures, including, butnot limited to, planned development and/or cluster development for residential,commercial, institutional, recreational, open space, and/or mixed uses as maybe provided for in the zoning ordinance.
(38) Lot. Either:
(i) The basic development unit for determination of lot area,depth, and other dimensional regulations; or
(ii) A parcel of land whose boundaries have been establishedby some legal instrument such as a recorded deed or recorded map and which isrecognized as a separate legal entity for purposes of transfer of title.
(39) Lot Area. The total area within the boundaries ofa lot, excluding any street right-of-way, usually reported in acres or squarefeet.
(40) Lot Building Coverage. That portion of the lotthat is or may be covered by buildings and accessory buildings.
(41) Lot Depth. The distance measured from the frontlot line to the rear lot line. For lots where the front and rear lot lines arenot parallel, the lot depth is an average of the depth.
(42) Lot Frontage. That portion of a lot abutting astreet. A zoning ordinance shall specify how noncontiguous frontage will beconsidered with regard to minimum frontage requirements.
(43) Lot Line. A line of record, bounding a lot, whichdivides one lot from another lot or from a public or private street or anyother public or private space and shall include:
(i) Front: the lot line separating a lot from a streetright-of-way. A zoning ordinance shall specify the method to be used todetermine the front lot line on lots fronting on more than one street, forexample, corner and through lots;
(ii) Rear: the lot line opposite and most distant from thefront lot line, or in the case of triangular or otherwise irregularly shapedlots, an assumed line at least ten feet (10') in length entirely within thelot, parallel to and at a maximum distance from the front lot line; and
(iii) 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, depending onrequirements of the local zoning ordinance.
(44) Lot, Through. A lot which fronts upon two (2)parallel streets, or which fronts upon two (2) streets which do not intersectat the boundaries of the lot.
(45) Lot Width. The horizontal distance between theside lines of a lot measured at right angles to its depth along a straight lineparallel to the front lot line at the minimum front setback line.
(46) Mere Inconvenience. See § 45-24-41.
(47) Mixed Use. A mixture of land uses within a singledevelopment, building, or tract.
(48) Modification. Permission granted and administeredby the zoning enforcement officer of the city or town, and pursuant to theprovisions of this chapter to grant a dimensional variance other than lot arearequirements from the zoning ordinance to a limited degree as determined by thezoning ordinance of the city or town, but not to exceed twenty-five percent(25%) of each of the applicable dimensional requirements.
(49) Nonconformance. A building, structure, or parcelof land, or use thereof, lawfully existing at the time of the adoption oramendment of a zoning ordinance and not in conformity with the provisions ofthat ordinance or amendment. Nonconformance is of only two (2) types:
(i) Nonconforming by use: a lawfully established use of land,building, or structure which is not a permitted use in that zoning district. Abuilding or structure containing more dwelling units than are permitted by theuse regulations of a zoning ordinance is nonconformity by use; or
(ii) Nonconforming by dimension: a building, structure, orparcel of land not in compliance with the dimensional regulations of the zoningordinance. Dimensional regulations include all regulations of the zoningordinance, other than those pertaining to the permitted uses. A building orstructure containing more dwelling units than are permitted by the useregulations of a zoning ordinance is nonconforming by use; a building orstructure containing a permitted number of dwelling units by the useregulations of the zoning ordinance, but not meeting the lot area per dwellingunit regulations, is nonconforming by dimension.
(50) Overlay District. A district established in azoning ordinance that is superimposed on one or more districts or parts ofdistricts and that imposes specified requirements in addition to, but not less,than those otherwise applicable for the underlying zone.
(51) Performance Standards. A set of criteria orlimits relating to elements which a particular use or process must either meetor may not exceed.
(52) Permitted Use. A use by right which isspecifically authorized in a particular zoning district.
(53) Planned Development. A "land developmentproject", as defined in § 45-24-31(37), and developed according to plan asa single entity and containing one or more structures and/or uses withappurtenant common areas.
(54) Preapplication Conference. A review meeting of aproposed development held between applicants and reviewing agencies aspermitted by law and municipal ordinance, before formal submission of anapplication for a permit or for development approval.
(55) Setback Line or Lines. A line or lines parallelto a lot line at the minimum distance of the required setback for the zoningdistrict in which the lot is located that establishes the area within which theprincipal structure must be erected or placed.
(56) Site Plan. The development plan for one or morelots on which is shown the existing and/or the proposed conditions of the lot.
(57) Special Use. A regulated use which is permittedpursuant to the special-use permit issued by the authorized governmentalentity, pursuant to § 45-24-42. Formerly referred to as a specialexception.
(58) Structure. A combination of materials to form aconstruction for use, occupancy, or ornamentation, whether installed on, above,or below, the surface of land or water.
(59) Substandard Lot of Record. Any lot lawfullyexisting at the time of adoption or amendment of a zoning ordinance and not inconformance with the dimensional and/or area provisions of that ordinance.
(60) Use. The purpose or activity for which land orbuildings are designed, arranged, or intended, or for which land or buildingsare occupied or maintained.
(61) Variance. Permission to depart from the literalrequirements of a zoning ordinance. An authorization for the construction ormaintenance of a building or structure, or for the establishment or maintenanceof a use of land, which is prohibited by a zoning ordinance. There are only two(2) categories of variance, a use variance or a dimensional variance.
(i) Use Variance. Permission to depart from the userequirements of a zoning ordinance where the applicant for the requestedvariance has shown by evidence upon the record that the subject land orstructure cannot yield any beneficial use if it is to conform to the provisionsof the zoning ordinance.
(ii) Dimensional Variance. Permission to depart fromthe dimensional requirements of a zoning ordinance, where the applicant for therequested relief has shown, by evidence upon the record, that there is no otherreasonable alternative way to enjoy a legally permitted beneficial use of thesubject property unless granted the requested relief from the dimensionalregulations. However, the fact that a use may be more profitable or that astructure may be more valuable after the relief is granted are not grounds forrelief.
(62) Waters. As defined in § 46-12-1(23).
(63) Wetland, Coastal. As defined in § 45-22.2-4.
(64) Wetland, Freshwater. As defined in § 2-1-20.
(65) Zoning Certificate. A document signed by thezoning enforcement officer, as required in the zoning ordinance, whichacknowledges that a use, structure, building, or lot either complies with or islegally nonconforming to the provisions of the municipal zoning ordinance or isan authorized variance or modification therefrom.
(66) Zoning Map. The map or maps which are a part ofthe zoning ordinance and which delineate the boundaries of all mapped zoningdistricts within the physical boundary of the city or town.
(67) Zoning Ordinance. An ordinance enacted by thelegislative body of the city or town pursuant to this chapter and in the mannerproviding for the adoption of ordinances in the city or town's legislative orhome rule charter, if any, which establish regulations and standards relatingto the nature and extent of uses of land and structures, which is consistentwith the comprehensive plan of the city or town as defined in chapter 22.2 ofthis title, which includes a zoning map, and which complies with the provisionsof this chapter.
(68) Zoning Use District. The basic unit in zoning,either mapped or unmapped, to which a uniform set of regulations applies, or auniform set of regulations for a specified use. Zoning use districts include,but are not limited to: agricultural, commercial, industrial, institutional,open space, and residential. Each district may include sub-districts. Districtsmay be combined.
