§ 202. Definitions

A. In the Zoning Ordinance the following words and terms shall have the following meanings:

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

2. Access Riser. A structurally sound and water tight inspection port, which at its lowest point attaches to a septic tank or other component of an ISDS and extends upward to the ground's surface, allowing visual inspection and where necessary physical access to the ISDS for the purposes of maintenance and repair. (Amended November 21, 1998)

3. Accessory Apartment. A unit constructed within the building footprint of a single-family dwelling structure or within an existing accessory structure, to be used as a residence.

4. Accessory Dwelling Unit. A dwelling unit: (i) rented to and occupied either by one or more members of the family of the occupant or occupants of the principal residence; or (ii) reserved for rental occupancy by a person or a family where the principal residence is owner occupied and which meets the following provisions:

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

(b) An accessory dwelling unit shall include separate cooking and sanitary facilities, with its own legal means of ingress and egress and is a complete separate dwelling unit. The accessory dwelling unit shall be within or attached to the principal dwelling unit structure or within an existing structure, such as a garage or barn, and designed so that the appearance of the principal structure remains that of a one-family residence. (Entire definition amended December 6, 2004)

5. Accessory Residential Structure. Any structure, accessory to a principal use, designed, intended or used for overnight human habitation or occupancy. An accessory residential structure lacks some element of a dwelling unit as defined in this Ordinance and as regulated under Section 511. (Amended December 6, 1999; and June 21, 2000)

6. Accessory Structure. A structure which is customarily incidental and subordinate to the principal structure. An accessory structure shall be restricted to the same lot as the principal structure. An accessory structure shall not be permitted without the primary structure to which it is related. An accessory structure does not include any structure designed, intended or used for overnight human habitation or occupancy. No accessory structure shall be used for overnight human habitation. (Amended December 6, 1999)

7. 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 shall be restricted to the same lot as the principal use.

8. Affordable Housing. Residential housing built or set aside for year round habitation for sale or rent, affordable to households whose adjusted gross income is less than one hundred forty percent (140%) of the area median income, adjusted for family size, based on applicable United States Department of Housing and Urban Development schedules. Refer to Section 712 for the definition of "Affordable Housing" which is to be applied to Comprehensive Permit Applications under the Rhode Island Low and Moderate Income Housing Act and as administered by Town of New Shoreham Zoning Ordinance Article 7, Section 712 "Comprehensive Permits for Low and Moderate Income Housing." (Amended September 27, 2006) (Amended March 5, 2007)

9. Aggrieved Party. An aggrieved party, for purposes of this Ordinance, shall be:

a. A person or entity who can demonstrate that their property will be injured by a decision of any officer or agency responsible for administering the Zoning Ordinance; or

b. Anyone requiring notice pursuant to this Ordinance.

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

11. Alteration (of an ISDS). Any modernization, modification or change in the size, type or layout of an existing sewage disposal system, including but not limited to, any work associated with a building renovation and/or change of use of that building; any change needed to accommodate any increase in sewage flow. Minor repairs shall not be considered an alteration. (Amended November 21, 1998)

12. Applicant. An owner or authorized agent of the owner submitting an application or appealing an action of any official, board or agency. An authorized agent shall submit documentation of their authority to act for the owner.

13. 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.

14. Aquaculture. Farming of designated water bodies wherein organisms such as finfish, algae or shellfish are grown under controlled conditions for harvesting.

15. Aquifer. A geological formation that stores and transmits significant quantities of recoverable water; most often designated as a source of drinking water.

16. Assembly Hall. A building which is available to the public, including but not limited to auditoriums, conference centers, churches, meeting rooms and halls.

17. Attached Multi-Family Dwelling. A dwelling structure containing two or more dwelling units. (See Section 404, Attached Multi-Family Development)

18. Automotive Service. The sale of motor vehicle fuel and related materials and services and/or general repair, rebuilding or reconditioning of motor vehicles.

19. Billboard. Any sign or advertisement device greater than twelve (12) square feet in area. Any sign or advertising devices not related to use of lot.

20. Biochemical Oxygen Demand, 5 day test (BOD5). A five (5) day test of wastewater strength that measures the dissolved oxygen used by microorganisms in the biochemical oxidation (breakdown) of organic matter. (Amended November 21, 1998)

21. 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.

22. Build. To construct or reconstruct or excavate, fill, drain, or conduct physical operations of any kind in preparation for or in pursuance of construction or reconstruction or moving of a building or structure on a lot.

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

24. 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.

25. Building Footprint. The area within the perimeter of a building's foundation regardless of the number of usable floors, and all of the perimeter area encompassed by an upper story that extends beyond the foundation boundary by means of a cantilever. Building footprint shall include all porches, decks (ground level or elevated), stoops and ramps that are attached to the building. See Appendix I, Figures 1A, 1B and 1C. (The building footprint of all structures shall be measured when determining lot building coverage). (Amended October 6, 2008)

26. Building Height. The actual vertical distance from the average natural grade to the highest point of the roof or other structure, excluding chimneys, where the average grade is determined by an actual measurement of the elevation of the natural ground on all sides of the building (see "Grade, Average" and "Grade, Natural") See Appendix I, Figure 2A. (Amended May 21, 2008) (Amended October 6, 2008)

27. Building Sewer. The pipe which begins outside the building wall and extends to any place or mechanism of sewage disposal, including but not limited to, a cesspool, leaching chamber septic tank or pressure gravity sewer leading to a leaching chamber. (Amended November 21, 1998)

28. Building Volume. The total volume of a building above finished grade, measured in cubic feet from the exterior limits thereof, but not including roof overhangs, decks and unenclosed porches. See Appendix I, Figure 2B. (Added October 6, 2008)

29. Capacity or Land Capacity. The suitability of the land, as defined by geology, soil conditions, topography, and water resources, to support its development for uses such as residential, commercial, industrial, open space, or recreation. Land capacity may be modified by provision of facilities and services.

30. Cesspool. Any buried chamber including but not limited to any metal tank, perforated concrete vault or covered hollow or excavation, which receives discharges or sanitary sewage from a building sewer, for the purpose of collecting solids and/or discharging liquids to the surrounding soil. (Amended November 21, 1998)

31. Change of Use. Any change in use or occupancy of any structure or part thereof which would violate any provision of the RI State Building Code, RI General Laws, Chapter 23-27.3 as amended, and/or any regulation promulgated thereto, without first obtaining the approval of the Building Official (or his designee) or without the issuance of a certificate of occupancy indicating that the structure complies with the provisions of the state building code for the proposed new use. (Amended November 21, 1998)

32. Cluster Development. See Section 402, Flexible Design Residential Development.

33. Coastal Features. Those coastal features defined by G.L. 1956, § 46-23-1 et seq.

34. Coastal Resources Management Council. The Rhode Island Coastal Resources Management Council (CRMC) and its successors or assigns.

35. Commercial Kennel. Any structure, which must be an accessory building, in which more than four (4) dogs are kept, the use of which kennel is for monetary gain.

36. Commercial/Residential Mixed Use. The use of a building which is principally commercial for both commercial and residential purposes. See Section 411, Commercial/Residential Mixed Use. (Added July 6, 2009)

37. Commercial Stables. The keeping of one or more horses to offer services such as riding lessons, trail rides or related activities for compensation. (Amended March 2, 2009)

38. Common Ownership. Either:

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

b. Ownership by any association (such ownership may also include a municipality) of one (1) or more contiguous lots under specific development techniques.

39. 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. All requirements pertaining to local zoning are waived for these community residences;

b. A group home for children 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;

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;

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 purposes of fostering independence, self-sufficiency, and eventual transition to a permanent living situation.

40. Comprehensive Plan. The current Town of New Shoreham Comprehensive Community Plan as adopted and as amended pursuant to Title 45 Chapter 22.2 of the General Laws of Rhode Island.

41. Condominium. A form of ownership of common areas, residential, commercial or marine units, including time-share units, as provided by state statute.

42. Conventional Septic System. An ISDS that includes a septic tank and a leach field and meets only the minimum RI code requirements for discharge of wastewater effluent into the soil. Effluent constituents prior to discharge to the soil are typically on the order of 300 mg/l BOD, 250 mg/l TSS, 63 mg/l TN and 10,000,000 fecal coliform/100 mls. (Amended November 21, 1998)

43. Cornice. Any projection which crowns or finishes the part to which it is affixed.

44. Critical Resource Area. Sensitive land and water resources that provide unique habitat and/or important ecological or economic function(s). For purposes of this Ordinance, such areas include the watersheds for Peckham, Sands, Fresh and Great Salt Ponds, all wellhead protection areas and all wetlands together with their associated buffers as stipulated in Section 506 of the New Shoreham Zoning Ordinance. (Amended November 21, 1998)

45. Day Care—Day Care Center. Any other day care center which is not a "Family Day Care Home." For purposes of this Ordinance, a Day Care Center constitutes a business or professional service.

46. Day Care—Family Day Care Home. Any home other than the individual's home in which day care in lieu of parental care or supervision is offered at the same time to six (6) or less individuals who are not relatives of the care giver, but may not contain more than a total of eight (8) individuals receiving day care.

47. Days. Calendar days.

48. Density, Residential. The number of dwelling units per developable land area that may be constructed on a given lot. The density is calculated by dividing the number of dwelling units by the total developable land area on the lot.

49. Department of Environmental Management. The Rhode Island Department of Environmental Management (RIDEM) and its successors and assigns.

50. Developable Land. Land which is considered suitable for development, measured for the purposes of determining allowable density. Developable land shall exclude the following: (Amended October 6, 2008)

a. All areas occupied by coastal wetlands (see "Wetland, Coastal"); coastal features including beaches, bluffs and dunes, as determined by the CRMC; and freshwater wetlands and areas of perimeter wetland within 50 feet of the edge of any wetland (see "Wetland, Freshwater"). (Amended October 6, 2008)

b. All the land area within easements serving other lots, including but not limited to sewage disposal systems, or wells, but not including scenic and conservation easements, or easements for access.

51. 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.

52. Development Plan Review. The process whereby authorized local officials review the site plans, maps, and other documentation of a development to determine compliance with the stated purposes and standards of this Ordinance.

53. Direct Light. Light emitted directly from the lamp, off of the reflector or reflector diffuser or through the refractor or diffuser lens of a luminaire. (See Appendix G) (Amended December 4, 2000)

54. District. See "Zoning Use District."

55. Disturbed Area. An area where the ground and/or its cover is altered or removed leaving the land subject to accelerated erosion; an area now or once used for earth removal; an area where excavations and other materials have been dumped.

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

57. Drain field. Synonymous with leach field. (Amended November 21, 1998)

58. Drive-In Facility. An accessory use which by design, physical facilities, service, or packaging procedures, allows customers to receive services or goods while remaining in or on their motor vehicles. This shall be construed to include drive-up, drive-through and similar such facilities.

59. Dump/Sanitary Landfill. An area set aside for the permanent or temporary storage and/or treatment of waste materials derived from normal residential, business and related activities, but not including hazardous waste materials. This shall not be construed to limit the Town, as permitted by the State, to dispose of municipal waste.

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

61. Earth Removal. The extraction or removal of any soil or topsoil from any tract of land or water body, but excluding the processing of soil transported from off-site areas, and the manufacture of soil-related products such as pre-mixed concrete, bricks, block, and the like, and also excluding regarding or landscaping or normal construction and site work approved under this Zoning Ordinance.

62. Eave. The lower edge of a sloping roof; that part of a roof of a building which projects beyond a wall.

63. Elder Care Facility. A facility licensed by the State of Rhode Island that provides in-house medical and living support services for persons 62 years of age or older.

64. Enhanced On-Site Wastewater Treatment Systems. Systems which achieve the enhanced reduction of contaminants (nutrients, pathogens, BOD, TSS), as compared to conventional septic systems. (Amended November 21, 1998)

65. Existing Structure. A structure lawfully existing as of March 4, 1989.

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

67. Facade. The exterior wall surface of a building.

68. Failed ISDS System. Any ISDS that does not adequately treat and dispose of sewage that consequently creates a public or private nuisance or threat to public health and/or environmental quality, as evidenced by, but not limited to, one (1) or more of the following conditions:

a. Failure to accept sanitary sewage into the building sewer.

b. Discharge of wastewater either directly or indirectly to a subsurface drain, surface drain, wetland, or surface water body.

c. Effluent rising to the surface of the ground over or near any part of an ISDS or seeping down-gradient from the absorption area at any change in grade, bank or road cut.

d. Discharge of improperly treated effluent to ground or surface waters.

e. Inadequate treatment and disposal of wastewater due to deterioration, damage, or improper design. (For example inadequate separation distance from the bottom of the leaching system to groundwater or impermeable layer, damage from a vehicle driven over a leach field, structural failure resulting in a leaking tank or undersized tank.)

f. Pumping records that indicate very frequent septic tank pumping. A system may be considered failed if the system has been pumped or is in need of pumping two or more times in a calendar year. (Amended November 21, 1998)

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

70. Farming. Cultivation of the soil for food products or other useful products of the apiary, field, orchard, vineyard, garden, nursery or greenhouse, breeding or keeping of animals or fowl, raising of livestock or dairying.

71. Fixture. The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror and/or a refractor or lens. (Amended December 4, 2000)

72. Flexible Design Residential Development. An alternative residential subdivision which makes use of flexible zoning and site sensitive design standards. See Section 402.

73. Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation or run off of surface waters from any source.

74. Flood or Spot Light. Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction. (Amended December 4, 2000)

75. Flood Insurance Rate Map. The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the Town of New Shoreham, effective April 3, 1985, as amended.

76. Flood Insurance Study. The official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, and the water surface elevation of the base flood.

77. Flooding, Area of Shallow Flooding. A designated "AO Zone" or "VO Zone" on the Flood Insurance Rate Map. The base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; velocity flow may be evident.

78. Floodplains or Flood Hazard Area. An area that has a one percent (1%) or greater chance of inundation in any given year, as delineated by the Federal Emergency Management Agency, pursuant to the National Flood Insurance Act of 1968, as amended, and known as the Federal Emergency Management Agency or its successors.

79. Floor Area, Living. The total floor area, measured in square feet from the exterior limits thereof, of that portion of a residential building which is used for habitation purposes, but excluding garage space, unfinished basements and exterior spaces such as porches and decks. (Amended October 6, 2008)

80. Galley Leach Field. A type of leach field where the effluent from the septic tank is discharged to a prescribed number of perforated chamber(s) which are typically, although not necessarily, 4 ft x 4 ft x 4 ft and made of concrete. Galley leach field does not include flow diffusers, or infiltrating systems such as Elgen in-drains or the Infiltrator. (Amended November 21, 1998)

81. Glare. Light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see and in extreme cases causing momentary blindness. (Amended December 4, 2000)

82. Governmental Facility. A facility which is open to the public and which is owned or leased by the municipality or state and operated under the direct supervision of the municipality or state, including but not limited to schools, libraries, offices, recreational areas, but not including a public works facility.

83. Grade, Average. The average elevation of the grade as measured on at lease four (4) sides of a structure, whether natural grade or finished grade. (Amended May 21, 2008)

84. Grade, Finished. The measurement of elevation on land that has been altered as a result of development. Finished grade is measured assuming the completion of all building site improvements as represented on final approved building plans. (Added October 6, 2008)

85. Grade, Natural. The measurement of elevation on land that is unaltered by human activity. (Amended May 21, 2008)

86. Gross Area. The total area of a building, measured in square feet from the exterior limits thereof, including all living areas, attic space, unfinished basements, crawl spaces, porches, decks, attached garages and any exterior space attached to the building, excluding uncovered patios. (Added October 6, 2008)

87. Groundwater. Groundwater and associated terms, as defined in Title 46 Chapter 13.1-3 of the Rhode Island General Laws of 1956 as amended.

88. Halfway Houses. A residential facility for adults or children who may have been institutionalized for criminal conduct and who require a group setting to facilitate the transition to a functional member of society.

89. Height of Luminaire. The height of a luminaire shall be the vertical distance from the ground directly below the centerline of the luminaire to the lowest direct-light emitting part of the luminaire. (Amended December 4, 2000)

90. Historic District. One (1) or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites, and which has been registered, or is deemed eligible to be included, on the State Register of Historic Places pursuant to Title 42 Chapter 45-5 of the Rhode Island General Laws of 1956 as amended.

91. Historic Overlay District. An overlay zoning district comprised of areas and structures of historic and/or architectural significance to the Island. (See Section 317, Historic Overlay)

92. Historic Site. Any real property, man-made structure, natural object, or configuration or any portion or group of the foregoing which has been registered, or deemed eligible to be included, on the State Register of Historic Places pursuant to Title 42 Chapter 45-5 of the Rhode Island General Laws of 1956 as amended.

93. Home Occupation. Any activity customarily carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit. See also, "Accessory Use."

94. Home Owners' Association. An affiliation of contiguous home or lot owners, within a cluster development or other subdivision, formed for the express purposes of regulating and funding the care and maintenance of their common lands, buildings, access roads, utility systems and other facilities designated in the original agreement of ownership, as required therein by the Planning Board or otherwise stipulated or required.

95. Hotel. A building or building complex containing eleven (11) or more rooms or suites for rent. Each unit must have access from an inside lobby and be without individual cooking facilities. Meals for guests may or may not be provided.

96. Household. One (1) or more persons living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit. The term "household unit" shall be synonymous with the term "dwelling unit" for determining the number of such units allowed within any structure on any lot in a zoning district. An individual household shall consist of any one of the following:

a. A family, which may also include servant and employees living with the family; or

b. A person or group of no more than six (6) unrelated persons living together.

97. Impermeable. Soils, substrata or other material having a permeability equal to or slower than forty (40) minutes per inch. Impermeable surfaces also include such things as rooftops, paved driveways and tennis courts. (Amended November 21, 1998)

98. Incentive Zoning. The process whereby the local authority may grant additional development capacity in exchange for the developer's provision of a public benefit or amenity as may be specified in this Ordinance.

99. Indirect Light. Direct light that has been reflected or has scattered off of other surfaces. (Amended December 4, 2000)

100. Individual Sewage Disposal System (ISDS). A system installed to provide sanitary sewage disposal by means other than discharge into a public sewer system. (Amended November 21, 1998)

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

102. Inn. A building or building complex containing three (3) to ten (10) rooms or suites for rent. Each unit must have access from an inside lobby and be without individual cooking facilities. Meals for guests may or may not be provided.

103. ISDS Treatment Level 1. A level of on-site wastewater treatment, greater than that provided by a conventional septic system, and as described in Section 506, paragraph E(1) (a) of the New Shoreham Zoning Ordinance. (Amended November 21, 1998)

104. ISDS Treatment Level 2. A level of on-site wastewater treatment, greater than "ISDS Treatment Level 1," and as described in Section 506, paragraph E(1) (b) of the New Shoreham Zoning Ordinance. (Amended November 21, 1998)

105. Junkyard. Any lot, or portion thereof, used for the storage or keeping of non-hazardous junk or scrap materials, or the dismantling or demolition of vehicles, machinery or parts thereof.

106. Lamp. The component of a luminaire that produces the actual light. (Amended December 4, 2000)

107. Land Development Project. A project in which one (1) or more lots, tracts, or parcels of land are to be developed, or redeveloped as a coordinated site for a complex of uses, units, or structures, including, but not limited to, planned development and/or cluster development for residential, commercial, institutional, recreational, open space, and/or mixed uses as may be provided for in this Ordinance. (See Section 402, Flexible Design Residential Development)

108. Leachfield. A subsurface area from which septic tank effluent or waste containing little or no solids is leached into the soil. Leach field shall be synonymous with drain field. (Amended November 21, 1998)

109. Light Assembly. A business with the equivalent of at least two (2) full-time year-round employees and a dedicated work space of at least one thousand (1,000) square feet that involves the low intensity assembly or manufacture of a product or products in multiple quantities for the purposes of wholesale or retail sale. Such operations do not create noise, vibration, light, glare, smoke, dust, odor or traffic to an extent which would have a deleterious impact on surrounding property, and do not discharge any emission, pollution or hazardous material or waste into the air, ground or water. Light assembly may include one of the following categories: (Amended December 16, 2009)

a. Arts and crafts. articles for aesthetic enjoyment (art objects, pottery, jewelry) from clay, ceramic, metal, stone, glass, wood, paper, leather or similar material, as well as paintings, drawings and photographs; (Amended December 16, 2009)

b. Wood products. signs, furniture, shelving and containers, and other similar products made of wood, but not the mass processing of lumber into boards and other finished wood materials; (Amended December 16, 2009)

c. Paper products. printing press, book binding and products made of paper, but not the processing of pulp into paper; (Amended December 16, 2009)

d. Textile products. processing of fibers into yarn, weaving, lacework, and textile products such as rugs, blankets and clothing items; and (Amended December 16, 2009)

e. Other. any other low impact assembly or production that meets the above criteria, as determined by the Building Official. (Amended December 16, 2009)

110. Light Trespass. The shining of light produced by a luminaire beyond the boundaries of the property on which it is located. (Amended December 4, 2000)

111. Lot. Either:

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

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

112. Lot Area. The total area within the boundaries of a lot, excluding any street right-of-way, usually reported in acres or square feet. (Amended October 6, 2008)

113. Lot Building Coverage. That portion of the lot that is or may be covered by buildings or accessory buildings.

114. Lot Coverage. That percentage of the total lot area that is or may be covered by all structures and man-made surfaces, such as building footprints, patios, tennis courts, swimming pools and any other similarly altered surface, as well as roadways and parking areas that are constructed with an impervious surface. (Amended October 6, 2008)

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

116. Lot Frontage. That portion of a lot abutting a street. Any lot created after the enactment of this Ordinance shall have contiguous frontage which satisfies, at a minimum, the minimum lot frontage requirements of the zoning district.

117. Lot Line. A line of record, bounding a lot, which divides one (1) 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. On corner and through lots, the front lot line shall be that property line which gives priority to main streets over secondary streets, as determined by the Zoning Official.

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 (10) feet in length which is entirely within the lot, and which is parallel to and at a maximum distance from, the front lot line.

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 which is not a front or rear lot line.

118. 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.

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

120. Low or Moderate Income. Income not exceeding the low or moderate income standards for the Island set by the Farmer's Home Administration or as established by the Town Council and published in the Office of the Town Clerk.

121. Low or Moderate Income Housing. Any housing subsidized by the federal, state or municipal government under any program to assist the construction or rehabilitation as low or moderate income housing, as defined in the applicable federal or state statute or this ordinance, whether built or operated by any public agency or nonprofit organization, or by any limited equity housing cooperative or any private developer, that will remain affordable for ninety nine (99) years from initial occupancy through a land lease and/or deed restriction. (Amended September 27, 2006)

122. Lumen. A unit of luminous flux. One (1) foot-candle is one (1) lumen per square foot. For the purposes of this Ordinance the lumen output values shall be the initial lumen output ratings of a lamp. For purposes of example: 1800 lumens is approximately equivalent to one hundred five (105) watts of incandescent light or thirty (30) watts of fluorescent light; nine hundred (900) lumens is approximately equivalent to sixty-two (62) watts of incandescent light or fifteen (15) watts of fluorescent light. (Amended December 4, 2000)

123. Luminaire. This is a complete lighting system and includes a lamp or lamps and a fixture. (Amended December 4, 2000)

124. Major Repair (of an ISDS). Any work performed on an ISDS, excluding minor repairs, in order to repair or replace a failed system. (Amended November 21, 1998)

125. Marina. Any dock, pier, wharf, float, or combination of such facilities that service five (5) or more boats. A marina shall be considered a commercial enterprise and may be in association with a club and located on or adjacent to navigable waters and may include related services such as restaurants, sail makers and chandleries, but not residential facilities.

126. Marsh. An area of any size over one thousand (1000) square feet and having the characteristics set forth as defining marshes in the wetlands regulations of the Department of Environmental Management.

127. Mean Sea Level. Arithmetic mean of observed water elevations over a Metonic Cycle in relationship to the National Geodetic Vertical Datum of 1929. [Reference: Tides and Tidal Datum. D.L. Harris Coastal Engineering Research Center, U.S. Army Corps of Engineers Special Report-7 (Feb. 1981) p. 103.]

128. Medical Facility. A facility licensed by the State of Rhode Island and available to island residents and visitors for primary health services and medical and emergency care, as well as occupational and physical therapy, drug and alcohol treatment and counseling services, and consisting of all space, equipment and facilities necessary for examination, diagnosis and treatment.

129. Minor Repair (of an ISDS). Any work performed on an ISDS involving the repair, replacement or upgrade of the building sewer, septic tank or distribution box and/or the installation of inspection ports and/or effluent filters on septic tanks. (Amended November 21, 1998)

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

131. Mobile Home. A structure designed as a dwelling unit for residential purposes, capable of being moved on its own wheels and fixed to a permanent foundation.

132. Moderate Income. See "Low or Moderate Income."

133. Moderate Price. A moderate sale price for a dwelling unit as established for the Island by the Farmer's Home Administration, or as established by the Town Council and published in the Office of the Town Clerk.

134. Moderate Rent. Rent which is a specified percentage below the market rate, as established for the Island by a state or federal department or agency, or as established by the Town Council and published in the Office of the Town Clerk.

135. Modification. Permission granted and administered by the Zoning Enforcement Officer, pursuant to the provisions of Section 705 of this Ordinance, to allow a Dimensional Variance, of up to twenty-five percent (25%), from each of the applicable dimensional requirements of the Zoning Ordinance, as specified in that Section.

136. Motel. A building or building complex containing rooms or suites for rent, which is not an inn or hotel, where not all units have access from an inside lobby. No unit may have cooking facilities.

137. Multi-Family Development. A land use wherein two (2) or more dwelling units are located on a single lot. This does not include Accessory Apartments or Accessory Dwelling Units. See also "Attached Multi-Family Dwellings" and "Secondary Dwelling Development." (See Section 403, Secondary Dwelling Development, and Section 404, Attached Multi-Family Development) (Amended December 6, 2004) (Amended July 2, 2007)

138. New Structure. Structure for which the start of construction, reconstruction, rehabilitation or any other such work for which a Building Permit is required commenced on or after the effective date of this Zoning Ordinance.

139. Non-Conformance. A building, structure, or parcel of land, or use thereof, lawfully existing at the time of the adoption or amendment of this Ordinance and not in conformity with such provisions of the Ordinance or amendment. Non-conformance shall consist of only two (2) types:

a. Non-Conforming 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 or regulation of the Ordinance shall be non-conforming by use; or

b. Non-Conforming by Dimension. A building, structure, or parcel of land not in compliance with the dimensional regulations of this Ordinance. Dimensional regulations include all regulations of the 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 the Ordinance shall be non-conforming by use; a building or structure containing a permitted number of dwelling units by the use regulations of the Ordinance, but not meeting the lot area per dwelling unit regulations, shall be non-conforming by dimension.

140. Open Space. Land, primarily undeveloped, which may be public, semi-public or private, the purpose of which is to provide for the conservation of land and other natural resources and to provide park, recreational, historic and scenic areas.

141. Outdoor Lighting. The nighttime illumination of an outside area or object by any man-made device located outdoors that produces light by any means. (Amended December 4, 2000)

142. Overlay District. A district established in this Ordinance that is superimposed on one (1) 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.

143. Owner. Any person who alone, jointly, or severally with others has a legal title to any premises.

144. Parking Area or Lot. All that portion of a development that is used by vehicles, the total area used for vehicular access, circulation, parking, loading and unloading.

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

146. Permitted Use. A land use permitted as of right so long as dimensional standards and appropriate overlay district regulations are met.

147. Person. The term person shall include any individual, group of individuals, firm, corporation, association, partnership or private entity, including a district, city, town or other government unit or agent thereof, and in the case of a corporation, any individual having active and general supervision of the properties of such corporation.

148. Plane, Building. That portion of a building facade aligned in the same general plane. A building angle of 45 degrees or greater with a minimum distance of 16 feet from the building facade (measured at a right angle from the building facade) shall be considered an interruption of the building plane. See Appendix I, Figures 3A and 3B and Figures 5A and 5B. (Added October 6, 2008)

149. Plane, Wall. That portion of a building plane of consistent height and roof style. A perpendicular recess of at least six feet in depth shall be considered an interruption of the wall plane. See Appendix I, Figure 3C and Figures 4A, 4B and 4C. (Added October 6, 2008)

150. Planned Development. A "Land Development Project," as regulated by this Ordinance, and developed according to plan as a single entity and containing one (1) or more structures and/or uses with appurtenant common areas. See also "Flexible Design Residential Development."

151. Pond. An area of any size over 1000 square feet where open standing water is present at least six (6) months of the year.

152. Pre-Application Conference. A review meeting of a proposed development held between applicants and the Planning Board and/or staff, as provided in this Ordinance, before formal submission of an application for a permit or for development approval. This provides developers the opportunity to present their proposals informally and to receive comments and directions from the Town. (See Section 702F, General Procedures, Pre-Application)

153. Professional and Business Services. Activities including, but not limited to banking and associated services, financial services, real estate, management, tax consulting, engineering, accounting, photography, art gallery and/or school, medical services, legal services. The term Professional and Business Services shall not include drive-up facilities.

154. Public Shoreline Access Way (Right-of-Way) to Water. An unobstructed path or corridor from a public thoroughfare or facility leading to or along shoreline areas below the mean high water mark.

155. Public Works Facility. A facility owned or leased and operated under the direct supervision of the municipality or state, the purpose of which is to store and/or service equipment and materials associated with the repair and maintenance of governmental facilities, roadways, or other areas of governmental responsibility.

156. Recreational Facility. A facility for sport or passive enjoyment by the public whether owned, operated and maintained by a government entity or privately. (Amended November 7, 1994)

157. Religious Facility. A facility used primarily for worship and related activities.

158. Rental. Real estate leased or otherwise made accessible and useful to designated renters for a stipulated period of time for compensation.

159. Rental Rooms. One (1) or two (2) bedrooms within an owner-occupied dwelling unit, which may be rented upon receiving prior approval from the Town. (See Section 509, Rental Rooms)

160. Residence. An abode, home, habitation or place of dwelling.

161. Restaurant: A facility for the preparation and serving of food and beverages.

162. Retail Trade: Any business engaged primarily in the sale, rental or lease of goods and/or services individually or in small quantities to the ultimate consumer for direct consumption and/or use, and not for resale. The term Retail Trade shall not include automotive rental or services, drive-up facilities or any type of restaurant, or any uses prohibited by Section 111, General Prohibitions.

163. Rhode Island General Laws (RIGL). The General Laws of the State of Rhode Island, 1956, as amended.

164. Secondary Dwelling Development. A land use wherein two (2) unattached dwelling units are located on a single lot according to the procedures and standards contained in Section 403. (Added July 2, 2007)

165. Setback Line or Lines. A line, or lines, parallel to a lot line at the minimum distance of the required setback for the zoning district in which the lot is located that establishes the area within which the principal structure must be erected or placed. (Amended November 19, 2001)

166. Setback, Accessory Structures and Uses. The various definitions of setbacks contained in the ordinance, pertaining to principal structures and uses, shall also apply to any accessory structure or use on the lot. (Amended November 19, 2001)

167. Setback, Front. An open unoccupied space on the same lot with the structure extending the full width of the lot and situated between the street line and the front line of the structure projected to the side lines of the lot. (Amended November 19, 2001)

168. Setback, Rear. An open unoccupied space on the same lot with the structure extending the full width of the lot and situated between the rear line of the lot and the nearest line of the structure on the lot. (Amended November 19, 2001)

169. Setback, Side. An open unoccupied space between the side line of the lot and the nearest line of the structure and extending from the front yard to the rear yard, or in the absence of either of such yards, to the streets or rear lot lines as the case may be. (Amended November 19, 2001)

170. Sewer, Public. A municipally owned and operated sewer system. Presently the system that services the area from around Old Harbor to New Harbor and which is serviced by the sewer plant off Spring Street.

171. Shallow Drain Field. Any ISDS that discharges effluent, to a pressure-dosed, shallow, narrow drain field, generally by means of a pump. (Amended November 21, 1998)

172. Sign. Any display of lettering, logos, colors, lights, trade flags or illuminated sign device including neon tubes visible to the public from the outside of a building or from a traveled way which either conveys a message to the public, or intends to advertise, direct, announce or draw attention to, directly or indirectly, a use conducted, goods, products, services or facilities available, either on the lot or any other premises; excluding window display merchandise which shows no advertising, and excluding properly existing pavement markings or directional arrows painted on the ground and which show no advertising. (See Section 504, Signs) This definition shall be construed in conjunction with other applicable definitions.

a. Attached Sign. A sign which is affixed to any structure. This may include, but is not limited to, roof signs, wall signs, projecting signs, and signs attached to buildings and sheds.

b. Directory Sign. Any off-premises free-standing sign containing more than one (1) store name on individual panels.

c. Flashing Sign. A sign whose illumination is not kept constant in intensity at all times when in use, and/or which exhibits changes in light, color, direction or animation. For the purposes of this section, illuminated signs which indicate exclusively the date, time and temperature are not considered flashing signs, provided however they meet all other provisions of this section.

d. Free-Standing Sign. A self-supporting sign not attached to any building, wall, or fence, but in a fixed location.

e. Illuminated Sign. Any sign lit by electrical bulbs, fluorescent lights, or neon tubes. Neon tubes used as abstract, graphic, decorative or architectural elements shall be considered an illuminated sign.

f. Marquee. A permanent canopy often of metal and glass above a theater entrance containing the name of a currently featured film or play and its stars.

g. Moveable Sign. A sign capable of being readily moved or relocated, including portable and A-frame signs and those on a chassis or wheels or supported by legs.

h. Off-Premises Sign. Any sign which is not on the premises of the business, including a billboard. Not an on-premises sign.

i. On-Premises Sign. Any sign which advertises, calls attention to, or identifies the occupant of the premises on which the sign is maintained, or the business transacted thereupon.

j. Projecting Sign. Any sign which is affixed to a building or other structure, is affixed at a right angle, and which extends more than six (6) inches beyond the surface to which it is affixed.

k. Roof Sign. Any sign which is located above, or projects above, the lowest point of the eaves or the top of the parapet of any building, or which is painted on or fastened to a roof.

l. Symbol. A three-dimensional, two-sided representation of the primary generic merchandise sold on the premises, usually mounted on a bracket perpendicular to the shop front.

m. Temporary Sign. A sign intended to be used for a period of no more than thirty (30) days. Exceptions for devices intended for civic purposes may be granted by special permit from the Zoning Board of Review.

n. Trademark. The registered name, figure, letter, word or mark adopted and used by a manufacturer or merchant in order to designate his goods and to distinguish them from any others.

o. Wall Sign. Any sign which is painted on, incorporated into, or affixed parallel to the wall of a building and which extends not more than six (6) inches from the surface of that building.

173. Site Plan. The development plan for one (1) or more lots on which is shown the existing and/or the proposed conditions of the lot. (See "Land Development Project" and Section 703, Procedures for Special Use Permit)

174. Soil. Any earth, sand, clay, loam, gravel, humus, rock, mineral or other earth product irrespective of the presence therein of organic matter.

175. Solid Waste Transfer Facility. A facility owned by and operated under the direct supervision of the municipality for the temporary storage and sorting of solid waste and recyclable material prior to its removal and disposal. (Amended December 7, 2009)

176. Special Use. A regulated use which is permitted pursuant to the Special Use Permit issued by the Zoning Board of Review, pursuant to Section 704 of this Ordinance.

177. Start of Construction. The placement of permanent construction of the principal structure on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, the installation of streets and/or walkways, excavation or the erection of temporary forms for basements, footings, piers or foundations. For a principal structure without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its pilings or foundation.

178. Street. A public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles. Streets are classified by hierarchy according to function (see "Street Classification" as defined in the New Shoreham Land Development and Subdivision Regulations), and may be one of the following:

a. State Road. A right-of-way owned and maintained by the State of Rhode Island, and dedicated for use by the public.

b. Town Road. A right-of-way which has been improved to Town road standards, has been dedicated for use by the public and has been accepted for maintenance by the Town.

c. Private Road. A right-of-way paved or unpaved, not maintained by the Town or State and not dedicated for use by the public.

As used herein, the term "road" shall be synonymous with "street."

179. 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, including but not limited to porches, patios, stairs, decks and flagpoles.

180. Subdivision. See: Land Development and Subdivision Regulations of the Town of New Shoreham [appendix D to these Revised Ordinances].

181. Substandard Lot of Record. Any lot lawfully existing at the time of adoption or amendment of this Ordinance and not in conformance with the dimensional and/or area provisions of this Ordinance.

182. Swamp. An area of any size over 1,000 square feet and having the characteristics set forth as defining swamps in the wetlands regulations of the Department of Environmental Management.

183. Temporary Outdoor Lighting. The specific illumination of an outside area or object by any man-made device located outdoors that produces light by any means for a period of less than seven (7) days with at least one hundred eighty (180) days passing before being used again. (Amended December 4, 2000)

184. Theater. A place of assembly having facilities for an audience and for a stage, screen, platform, or other area to be used for lectures, performances or other presentations attended by an audience.

185. Time-Share. A form of ownership wherein two (2) or more parties own a unit (usually a condominium unit), each for a stipulated period of time each year.

186. Tipping Distribution Box. A type of distribution box where the effluent from the septic tank flows into a tipping pan, which when full, empties into the leach field lines, thereby facilitating a more uniform distribution of effluent over the entire leach field. (Amended November 21, 1998)

187. Total Suspended Solids (TSS). Solids physically suspended in wastewater. (Amended November 21, 1998)

188. Toxic or Hazardous Materials. Any substance or mixture of such physical, chemical or infectious characteristics as to pose a significant, actual or potential hazard to water supplies, or other hazard to human health, if such substance or mixture were discharged to land or waters of the Town. Toxic or hazardous materials include, without limitation, organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, herbicides, solvents and thinners.

189. Transportation Facility. A facility providing public transport by land, air, or water and including the buildings, parking, service, loading and unloading areas, wharfs and docks associated with such transport.

190. Uplighting. Any light source that distributes illumination above a ninety degree (90;deg;) horizontal plane. (Amended December 4, 2000)

191. 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.

192. Utility Facility. A facility, whether publicly or privately owned, which provides direct or indirect utility service to the public, including but not limited to, water works, sewage and water pumping stations and treatment facilities, telephone electronic equipment structures, electric power sub-stations and transformer stations and mobile radio service equipment and antennae. Local utility transmission lines are excluded from this definition as are radio broadcast stations, television broadcast stations and related antennae and other transmission facilities, and telecommunications towers. (Amended October 3, 1994)

193. Variance. Permission to depart from the literal requirements of a Zoning Ordinance. An authorization for the construction or maintenance of a building or structure, or for the establishment or maintenance of a use of land, which is prohibited by this Ordinance. There shall be only two (2) categories of variance, a use variance or a dimensional variance.

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

b. Dimensional Variance. Permission to depart from the dimensional requirements of this 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.

194. Warehouse and Storage Facility. A land area where goods or materials are stored in a warehouse facility and/or in specific outdoor areas.

195. Water Supply Protection Program (WSPP). An Island-wide program of various zoning and subdivision regulations, ordinances, educational programs and management practices that are, at a minimum, designed to preserve the existing quality of Block Island's ground and surface water reservoirs. (Amended November 21, 1998)

196. Water Table. The upper surface of the water-saturated zone of the soil. (Amended November 21, 1998)

197. Waterfront Uses. Uses adjacent to coastal waters as permitted and regulated by the Rhode Island Coastal Resource Management Council (CRMC).

198. Wellhead Protection Area (WHPA). The critical portion of a three dimensional zone surrounding a public well or well field, through which water will move towards and reach such well or well field as designated by the Director of the DEM or as adopted by the Town. (Amended November 21, 1998)

199. Wetland, Coastal. A salt marsh bordering on the tidal waters of this state and contiguous uplands extending no more than fifty (50) yards inland therefrom, or as defined by under the General Laws of Rhode Island as amended.

200. Wetland, Freshwater. A marsh, swamp, bog, pond, river, river or stream floodplain or bank, area subject to flooding or storm flowage; emergent or submergent plant community in any body of fresh water; or area within fifty (50) feet of the edge of a bog, marsh, swamp, or pond, or as defined by Title 2 Chapter 1-20 of RIGL.

201. Wind Energy Conversion System (WECS). Mechanisms and related facilities designed or operated for the purpose of converting wind energy to electrical and/or mechanical power. (See Section 508, Wind Energy Conversion System) (Amended May 23, 2001)

202. WECS, Utility. A wind turbine installed for the purpose of providing an additional power source for municipal or general public use, and which is part of the electrical power production and distribution system for New Shoreham, or in the event of a cable connection to the mainland, integrated into the publicly regulated electric grid system. (Amended December 7, 2009)

203. Zoning. The reservation of certain specified areas within the Town of New Shoreham for building and structures, or use of land, for certain purposes, with other limitations such as height, lot coverage, and other stipulated requirements.

204. Zoning Certificate. A document signed by the Zoning Enforcement Officer, as required in this Ordinance, which acknowledges that a use, or structure, building or lot either complies with or is legally non-conforming to the provisions of this New Shoreham Zoning Ordinance or is an authorized variance or modification therefrom.

205. 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.

206. Zoning Use Districts. The basic unit of zoning, either mapped or unmapped, to which a uniform set of regulations applies, or a uniform set of regulations for a specified use applies.

("Mean Grade" deleted, amended May 21, 2008)

("Stable" deleted March 2, 2009)

("Retail/Residential Mixed Use" deleted July 6, 2009)

Ord. of 4-20-2011, art. 2, § 202; Ord. of 8-17-2011, art. 2, § 202)