Words or terms used in this ordinance shall
have the meanings stated in this section, unless explicitly noted
otherwise within any other section.
Words used in the present tense include the
future, the singular includes the plural and the plural the singular.
The word "used" includes "designed, intended, or arranged to be used."
The word "shall" is mandatory; the word "may" is permissive; the word
"building" includes the word "structure"; the word "lot" includes
the word "plot"; the word "land" includes the words "marsh" and "water."
The following terms for the purposes of this
ordinance are defined below:
One whose property abuts, that is, adjoins at a border, boundary,
or point with no intervening land. For the purpose of notification,
an abutter shall include one whose property is directly across the
street.
An accessory dwelling unit for the sole use of one (1) or
more members of the family of the occupant or occupants of the principal
residence, but not needing to have a separate means of ingress and
egress.
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 not be permitted without the principal use
to which it is related.
In no case shall such accessory use dominate, in area, extent
or purpose, the principal lawful use or building; and except in the
case of signs permitted by this ordinance, it shall not be located
between the principal building and the street right-of-way.
A component of a housing element, as defined in § 45-22.2-4(33)
of the Rhode Island General Laws,[1] to meet housing needs in a city or town that is prepared
in accordance with guidelines adopted by the State Planning Council,
and/or to meet the provisions of § 45-53-4(b)(1) and (c)
of the Rhode Island General Laws.
[Added 6-26-2006]
An aggrieved party, for purposes of this ordinance, shall
be:
Any commercial enterprise which has as its primary purpose
farming, cultivation of crops, husbandry, horticulture, viticulture,
viniculture, floriculture, forestry, ranching, stabling of horses,
dairy farming, or aquaculture, or the raising of livestock, including
for the production of fiber, furbearing animals, poultry, or bees,
along with the necessary accessory uses for packing, treating, or
storing the farm product, provided that the operation of any such
accessory use shall be secondary to that of the principal agricultural
activity. The mixed-use of farms and farmlands for other forms of
enterprise including, but not limited to, the display of antique farm
equipment, retail sales, tours, classes, petting, feeding and viewing
of animals, hay rides, crop mazes, festivals and other special events
are hereby recognized as a valuable and viable means of contributing
to the preservation of agriculture.
[Amended 6-8-2015 by Ord. No. 2015-06-08]
A use of land or of a building, or portion thereof, which
tends to support, sustain, promote, or encourage agriculture or farming
activity. An agriculture promotion use shall have limited or no impacts
to surrounding properties and shall not be permitted without the principal
agricultural use to which it is related. In no case shall such agriculture
promotion use dominate, in area, scale, extent or purpose, the existing
principal agricultural use of the land and/or buildings. Agriculture
promotion uses may include, but are not limited to: the display of
antique farm equipment, farm tours, educational classes, petting,
feeding and viewing of animals, and hay rides.
[Amended 6-8-2015 by Ord. No. 2015-06-08]
A use of land or of a building, or portion thereof, for a
social occasion or activity which tends to support, sustain, promote,
or encourage agriculture or farming activity and which contributes
to revenue derived from agriculture or farming activity. An agriculture
special event shall be permitted only on parcels qualified to participate
in either the state or the local farm tax exemption program. in no
case shall such agriculture special event use dominate, in area, scale
or extent, the existing principal agricultural use of the parcel and/or
buildings on the parcel. Agriculture-Special Events may include, but
are not limited to events such as harvest fairs and festivals, indoor
or outdoor concerts, weddings and receptions and corporate or private
functions.
[Added 6-8-2015 by Ord. No. 2015-06-08]
An alteration includes an addition, projection into yards,
or change from one (1) type of use to another. (See also Substantial
Improvement.)
An owner or authorized agent of the owner submitting an application
or appealing an action of any official, board or agency.
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. (See also Vested Rights below and in Article XV.)
Suitable or compatible, in the context of the site and the
surrounding area and uses.
An affordable housing plan that has been approved by the
state Director of Administration as meeting the guidelines for the
local comprehensive plan as promulgated by the State Planning Council;
provided, however, that state review and approval, for plans submitted
by December 31, 2004, shall not be contingent on the city or town
having completed, adopted, or amended its comprehensive plan as provided
for in § 45-22.2-8, § 45-22.2-9, or § 45-22.2-12
of the Rhode Island General Laws.
[Added 2-4-2008]
Cultivation, propagation and harvesting of fish, shellfish
and vegetation products grown in water, including installing cribs,
racks and other in-water structures for cultivating these products,
but does not include filling, dredging, or post mining.
[Amended 9-9-1997[2]]
Any premises used for the major repair of automobiles in
which electric or gas welding or cleaning by explosive spray and/or
other activities of a potentially hazardous nature, including but
not limited to 1) spray painting; 2) body, fender, clutch, transmission,
differential axle, spring and frame repairs; 3) major overhauling
of engines requiring removal therefrom of cylinder head or of crankcase
pan; 4) repairs of radiator requiring removal thereof; 5) complete
recapping or retreading of tires.
Any premises used for automobile fuels and oil, tires, accessories
and/or services for automobiles at retail direct to the motorist consumer,
including the making of minor repairs.
Land which is maintained in either a natural or a landscaped
state, and is used to screen and/or mitigate the impacts of development
on surrounding areas, properties or rights-of-way.
Includes the words "erect", "construct", "alter", "enlarge",
"move", "modify" and any others of like significance.
Any structure used or intended for supporting or sheltering
any use or occupancy. The word "building" shall include the word "structure"
unless the context unequivocally indicates otherwise. "Building" shall
mean any three-dimensional enclosure by any building materials of
any space for use or occupancy, temporary or permanent.
For a vacant parcel of land, building height shall be measured from the average, existing-grade elevation where the foundation of the structure is proposed. For an existing structure, building height shall be measured from average grade taken from the outermost four (4) corners of the existing foundation. In all cases, building height shall be measured to the top of the highest point of the existing or proposed roof or structure. The distance shall exclude spires, chimneys, flag poles, and the like. For definition of building height in special flood hazard areas see Article III, Section F.13.
[Amended 2-25-2019 by Ord. No. 2019-02-25]
The trunk diameter measurement of nursery stock trees measured
at six inches (6") above the ground for trees up to and including
four inches (4") caliper size, and measured at twelve inches (12")
above the ground for trees larger than four inches (4") caliper size.
A tree may be deemed "destroyed" when any part of a tree is damaged
to the point where that tree's survival beyond three (3) full growing
seasons is unlikely, as determined by a certified Arborist.
[Added 2-4-2008]
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.
A building used for out-patient care and treatment of ill,
infirm or injured persons, but which does not provide board, room
or regular hospital care and services.
A site planning technique that concentrates buildings in
specific areas on the site to allow the remaining land to be used
for recreation, common open space, and/or preservation of environmentally,
historically, culturally, or other sensitive features and/or structures.
The techniques used to concentrate buildings may include, per the
requirements of this ordinance, but are not limited to, reduction
in lot areas, setback requirements, and/or bulk requirements, with
the resultant open land being devoted by deed restrictions for one
(1) or more uses. Under cluster development there is no increase in
the number of lots that would be permitted under conventional development.
"Coastal features" as defined in Chapter 23 of Title 46 of
the Rhode Island General Laws, as determined by the RI Coastal Resources
Management Council.
Retail business and consumer services.
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:
Whenever six (6) or fewer retarded children
or adults reside in any type of residence in the community, as licensed
by the State pursuant to Chapter 24 of Title 40.1. All requirements
pertaining to local zoning are waived for these community residences;
A group home providing care or supervision,
or both, to not more than eight (8) mentally disabled or mentally
handicapped or physically handicapped persons, and licensed by the
state pursuant to Chapter 24 of Title 40.1;
A residence for children providing care or supervision,
or both, to not more than eight (8) children including those of the
care giver and licensed by the state pursuant to Chapter 72.1 of Title
42;
A community transitional residence providing
care or assistance, or both, to no more than six (6) unrelated persons
or no more than three (3) families, not to exceed a total of eight
(8) persons, requiring temporary financial assistance, and/or to persons
who are victims of crimes, abuse, or neglect, and who are expected
to reside in that residence not less than sixty (60) days nor more
than two (2) years. Residents will have access to and use of all common
areas, including eating areas and living rooms, and will receive appropriate
social services for the purpose of fostering independence, self-sufficiency,
and eventual transition to a permanent living situation.
The characteristics of different uses or activities that
permit them to be located near each other in harmony and without conflict.
Elements affecting compatibility include, but are not limited to,
intensity of occupancy as measured by dwelling units per acre, lot
coverage, pedestrian or vehicular traffic generated, volume of goods
handled, and such environmental effects as noise, vibration, glare,
air pollution, or radiation.
The completed form or forms and all accompanying documents,
exhibits, and fees required of an applicant by all local boards or
officials who would otherwise act with respect to an application.
[Added 6-26-2006]
The comprehensive plan adopted and approved pursuant to the
Rhode Island Comprehensive Plan Act of 1990 and to which any zoning
adopted shall be in compliance.
A building of multiple units - each unit owned individually.
Reasonable in view of the State need for low and moderate
income housing, and considering (i) the number of low income persons
in the Town; (ii) the need to protect the health and safety of the
occupants of the proposed housing or of the residents of the Town;
(iii) the need to promote better site and building design in relation
to the surroundings or to preserve open spaces, and (iv) if the local
zoning or land use ordinances, requirements, and regulations are applied
as equally as possible to both subsidized and unsubsidized housing.
[Added 6-26-2006]
A lot located at the intersection of two (2) or more streets
having an angle of not more than one hundred thirty-five degrees (135°).
 |
(See HOME OCCUPATION).
Any other day care center which is not a family day care
home, including Day nursery, nursery school, kindergarten or other
agency giving day care to children.
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 fewer individuals who are not relatives of the care
giver, but may not contain more than a total of eight (8) individuals
receiving day care.
Calendar days, unless otherwise specified in this ordinance.
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.
The process whereby authorized local officials review the
site plans, maps, and other documentation of a development to determine
the compliance with the stated purposes and standards of the ordinance
also known as 'site plan review'.
(See ZONING USE DISTRICT)
A system for the removal of water from land by drains, grading,
or other appropriate means. These techniques may include runoff controls
to minimize erosion and sedimentation during and after construction
or development, the means for preserving surface and groundwaters,
and the prevention and/or alleviation of flooding.
Material that is dredged or excavated from coastal waters
or from rivers, lakes or streams.
An establishment that, by design of physical facilities or
by service or packaging procedures, encourages or permits customers
to receive a service or obtain a product while remaining in a motor
vehicle, including, but not limited to, restaurants, banks and retail
establishments.
A type of two-family dwelling in which the dwelling units
are separated by a common wall.
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.
ONE FAMILY DWELLINGA building designed for, or occupied by one (1) family.
TWO-FAMILY DWELLINGA freestanding building, designed or intended exclusively for residential use containing two (1) dwelling units. (This can be two (2) attached dwelling units.)
MULTI-FAMILY DWELLINGA freestanding building, designed or intended exclusively for residential use containing three (3) or more dwelling units. (This can be more than two (2) attached dwelling units.)
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The extraction or removal of any sand, gravel,
loam, topsoil, clay, shale or rock from any tract of land or water
body. Earth removal shall also be included to mean uses customarily
accessory to and necessary for earth removal operations, including
rock crushing, washing, sorting, storing and other treatment of soil
excavated on the site, but specifically excluding any processing of
soil transported from off-site areas, and the manufacturing of soil-related
products such as premixed concrete, bricks, block and the like.
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Excluded from this definition is earth removal
involving the process of grading land:
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a.
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For the construction of a building for which
a building permit has been issued; or
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b.
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For the construction of a roadway; or
|
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c.
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For a subdivision in accordance with a plat,
plan or plans approved by the Planning Board.
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Earth Removal is further governed by the provisions
of Portsmouth Ordinance #107 "Regulating, Controlling and Licensing
Earth Removal".[3]
| |
A right-of-way granted, but not dedicated, for limited use
on private land for a public or quasi-public purpose and within which
the owner of the property shall not erect any structures.
The extraction of minerals, including: solids, such as coal
and ores, loam, peat, sand, gravel, clay or silt; liquids, such as
crude petroleum; and gases, such as natural gases. The term also includes
quarrying; well operation; milling, such as crushing, screening, washing,
and flotation; and other preparation customarily done at the extraction
site or as a part of the extractive activity.
A person or persons related by blood, marriage, or other
legal means. See also "Household".
A facility located on a farm or as part of an agricultural
operation, which is qualified to participate in either the state or
the local farm tax exemption program, for the brewing of beer which
is manufactured, in part, with ingredients including, but not limited
to, hops, grain, and fruit grown on the farm, where customers have
the opportunity to tour the farm and production facilities, sample
beer, and purchase and consume beer offsite, in accordance with R.I.
G.L. § 3-6-1. This use includes facilities required to produce,
package, maintain, store, ship and receive product, as well as facilities
for administrative office functions and space for tours, tastings,
and promotional activities for customers. Brewery facilities and related
infrastructure must not consume more land area than agricultural activities.
Special events may be allowed by special use permit under the "agricultural
special events" use in conjunction with this use.
[Added 10-9-2018 by Ord.
No. 2018-10-09]
As defined in section 45-22.2-4 [of the Rhode Island General Laws]. An area that has a one percent (1%) or greater chance of inundation in any given year, as delineated by the federal emergency agency pursuant to the National Flood Insurance Act of 1968, as amended (P.L. 90-448) [42 U.S.C. 4011 et seq.]. Further definitions with reference to floodplains, flood hazard areas, and other related terms are provided in Article III of this ordinance.
The total area of a building measured by taking the outside
dimensions of the building at each floor level intended for occupancy
or storage.
That portion of a building next beneath a sloping roof and
in which there are less than four feet (4') vertically between the
top of the floor and the intersection of the bottoms of the rafters
with the interior faces of the wall.
A residential facility for adults or children who have been
institutionalized for criminal conduct and who require a group setting
to facilitate the transition to a functional member of society.
In granting a use variance the subject land or structure cannot yield any beneficial use if
it is required to conform to the provisions of the zoning ordinance.
Nonconforming use of neighboring land or structures in the same district
and permitted use of lands or structures in an adjacent district shall
not be considered in granting a use variance; and
In granting a dimensional variance, that the hardship that will be suffered by the owner of the subject
property if the dimensional variance is not granted shall amount to
more than a mere inconvenience, which shall mean that there is no
other reasonable alternative to enjoy a legally permitted beneficial
use of one's property. The fact that a use may be more profitable
or more valuable after the relief is granted shall not be grounds
for relief.
Any use which is offensive or noxious by reason of potential
of fire, noise or vibration, dust, gas, fumes, odor, smoke, cinders,
flashing or excessively bright light, refuse matter or electromagnetic
radiation. Any use which is potentially hazardous to health or safety
because of danger of flooding, inadequacy of drainage or inaccessibility
to fire fighting apparatus or other protective service or any use
which creates excessive noise beyond the property line. Any use which
emits hazardous materials, as defined by the State and EPA, into the
air or water.
Any activity customarily carried out for gain by a resident,
conducted as an accessory use in the resident's dwelling unit. An
occupation or a profession which:
Is customarily carried on in a dwelling unit
or in a building or other structure accessory to a dwelling unit;
Is carried on by a member of the family residing
in the dwelling unit;
Is clearly incidental and secondary to the use
of the dwelling unit for residential purposes; and
Conforms to the following conditions:
Performed by the resident and using no more
than one hundred fifty square feet (150 ft.2) of floor area and such activity shall not be visible from a lot
line.
There shall be no exterior display, no exterior sign (except as permitted under Article IX.), no exterior storage of material and no other exterior indication of the home occupation or variation from the residential character of the principal building.
No vibration, smoke, dust, odors, heat or glare
or offensive noise shall be produced.
No traffic shall be generated by such home occupation
in greater volumes than would normally be expected in a residential
neighborhood.
Any parking required for the conduct of such
home occupation shall be provided off the street and not in a required
front yard.
A health care facility with an organized medical staff providing
for twenty-four (24)-hour in-patient services for diagnosis, care
and treatment of two (2) or more individuals unrelated by blood or
marriage.
A structure containing sleeping rooms with or without a common
eating facility; each room having its own private toilet facilities
and each room let for compensation.
One (1) or more persons living together in a single dwelling
unit, with common access to, and common use of, all living and eating
areas and all areas and facilities for the preparation and storage
of food within the dwelling unit. The term "household unit" shall
be synonymous with the term "dwelling unit" for determining the number
of such units allowed within any structure on any lot in a zoning
district. An individual household shall consist of any one (1) of
the following:
Any material that substantially reduces or prevents the infiltration
of stormwater.
Any condition brought about by any single factor or combination
of factors, as a result of limitations imposed on the development
by conditions attached to the zoning approval, to the extent that
it makes it impossible for a public agency, nonprofit organization,
or limited equity housing cooperative to proceed in building or operating
low or moderate income housing without financial loss, within the
limitations set by the subsidizing agency of government, on the size
or character of the development, on the amount or nature of the subsidy,
or on the tenants, rentals, and income permissible, and without substantially
changing the rent levels and unit sizes proposed by the public agency,
nonprofit organization, or limited equity housing cooperative.
[Added 6-26-2006]
A use involving the permanent or temporary keeping or treatment
of animals for commercial purposes. Maintaining pets as part of residential
occupancy, breeding pedigree animals by a single owner (either as
a hobby or for profit), and raising of livestock for farming purposes
are not within this definition.
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 the zoning ordinance.
Any new or expanded retail business, office or consumer service
development totaling greater than twenty-five thousand square feet
(25,000 ft.2) in one (1) or more buildings
as approved by the Planning Board as a Planned Retail/Service Development.
[Added 2-4-2008]
A letter issued by the Rhode Island Housing and Mortgage
Finance Corporation in accordance with § 42-55-5.3(a) of
the Rhode Island General Laws.
[Added 6-26-2006]
The Highway Capacity Manual, published by the Transportation
Research Board lists the following levels of service;
[Added 2-4-2008]
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A
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=
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Free Flow
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B
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=
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Reasonably free flow
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C
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=
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Stable flow
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D
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=
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Approaching unstable flow
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E
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=
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Unstable flow
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F
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=
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Forced or breakdown flow
|
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The Level of Service for any road or intersection
and the estimated Level of Service as a result of a proposed development
shall be determined by methods described in the Highway Capacity Manual.
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Level of Service (LOS)
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Control Delay per Vehicle
(sec/veh)
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Description
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|---|---|---|
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A and B
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10(A) > 10 and 20(B)
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No delays at intersection with smooth progression
of traffic. Uncongested operations; all vehicles clear in a single
cycle.
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C
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> 20 and 35
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Moderate delays at intersection with satisfactory
to good progressions of traffic. Light congestion; occasional back-ups
on critical approaches.
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D
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> 35 and 55
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Forty-percent (40%) probability of delays of
one (1) cycle or more at every intersection. No progression of traffic
along the roadway with ninety-percent (90%) probability of being stopped
at every intersection experiencing "D" condition. Significant congestion
on critical approaches, but intersection functional. Vehicles required
to wait through more than one (1) cycle during short peaks. No long
standing lines formed.
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E
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> 55 and 80
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Heavy traffic flow condition. Delays of two
(2) or more cycles probable. No progression. One-hundred-percent (100%)
probability of stopping at intersection. Limit of stable flow. Blockage
of intersection may occur if traffic signal does not provide for protected
turning movements.
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F
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> 80
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Unstable traffic flow. Heavy congestion. Traffic
moves in forced flow condition. Three (3) or more cycles to pass through
intersection. Total breakdown with stop-and-go operation.
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Source: The latest edition of Highway Capacity
Manual (HCM) published by the Transportation Research Board, 2000.
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Any Town Zoning Board of Review, Planning Board, Planning
Board of Review, or Building Inspector; or the officer or board having
supervision of the construction of buildings or the power of enforcing
municipal building, subdivision, or zoning laws; or the Town Council.
[Added 6-26-2006]
Either:
The basic development unit for determination
of lot area, depth, and other dimensional regulations; or
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.
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All lots shall be undivided by a street, under
one (1) ownership, with ascertainable boundaries established by deed
or deeds of record or a segment of land ownership, defined by lot
boundary lines on a land division plan duly approved by the Planning
Board under the Subdivision Control Ordinance.[4]
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The total area within the boundaries of a lot, excluding any street right-of-way, usually reported in acres or square feet. (See also Developable Lot Area under Article IV.)
The amount of area on a lot covered by the horizontal cross-section
of structures. Lot coverage shall be measured by the horizontal cross-section
of structures. The horizontal cross section of a structure will include
overhangs, patios, porches, steps, etc.
The distance measured from the front lot line to the rear
lot line. For lots where the front and rear lot lines are not parallel,
the lot depth is an average of the depth.
That continuous portion of a lot abutting a street, measured
along a straight line connecting the point of intersection of the
side lot lines with the front 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:
FRONTThe lot line separating a lot from a street right-of-way. In the case of a lot that abuts more than one (1) street, the street address dictates which street lot line is the front.
REARThe lot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10') in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
SIDEAny 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 on requirements set forth herein.
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The horizontal distance between the side lines of a lot measured
at right angles to its depth along a straight line parallel to the
front lot line at the minimum front setback line.
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.
Any housing subsidized by the federal, state, or municipal
government under any program to assist the construction or rehabilitation
of housing as low or moderate income housing, as defined in the applicable
federal or state statute, or local ordinance whether built or operated
by any public agency or any nonprofit organization, or by any limited
equity housing cooperative or any private developer, that will remain
affordable for ninety-nine (99) years or such other period that is
either agreed to by the applicant and Town but shall not be for a
period of less than thirty (30) years from initial occupancy through
a land lease and/or deed restriction or prescribed by the federal
or state subsidy program but shall not be for a period less than thirty
(30) years from initial occupancy through a land lease and/or deed
restriction.
[Added 6-26-2006]
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, usable solely for parking
of vehicles, building access or storage, in an area other than a basement
area, is not considered a building's lowest floor, provided that such
enclosure is not built so as to render the structure in violation
of the flood hazard section of this ordinance.
Any security which may be required and accepted by a governmental
agency to ensure that necessary improvements will function as required
for a specific period of time.
An area for the storage or mooring of boats with frontage
on a navigable body of water and with facilities for the landing of
boats.
Fuel storage in tanks greater than twelve thousand (12,000)
gallons each.
[Added 6-17-2002]
Adoption of the implementation program of an approved affordable
housing plan and the absence of unreasonable denial of applications
that are made pursuant to an approved affordable housing plan in order
to accomplish the purposes and expectations of the approved affordable
housing plan.
[Added 6-26-2006]
See section 45-24-41 [of the Rhode Island General Laws]. A situation in which there is no other reasonable alternative to enjoy a legally permitted beneficial use of one's property. See also Article VI. on dimensional variances.
A mixture of land uses within a single development, building,
or tract.
MOBILE HOMEA transportable, single family dwelling unit built on a chassis suitable for year round occupancy and containing the same water supply, waste disposal and electrical conveniences as immobile housing.
TRAILERThe following shall be considered a trailer:
TRAVEL TRAILERA vehicular portable structure built on a chassis, designed as a temporary dwelling for travel, recreation and vacation, having body width not exceeding eight feet (8') and a body length not exceeding thirty-two feet (32').
PICK-UP COACHA structure to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation.
MOTOR HOMEA portable temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle.
CAMPING TRAILERA folding structure mounted on wheels and designed for travel, recreation and vacation use.
A parcel of land which has been planned and improved for
the placement of mobile homes or trailers for transient or nontransient
use and is designed to accommodate two (2) or more mobile homes or
trailers.
A building containing three (3) or more units.
Assistance that is made available through a Town program
sufficient to make housing affordable, as affordable housing is defined
in § 42-128-8.1(d)(1) of the Rhode Island General Laws;
such assistance may include, but is not limited to, direct financial
support, abatement of taxes, waiver of fees and charges, and approval
of density bonuses and/or internal subsidies, and any combination
of forms of assistance.
[Added 6-26-2006]
A building, structure, or parcel of land, or use thereof,
lawfully existing at the time of the adoption or amendment of a zoning
ordinance and not in conformity with the provisions of such ordinance
or amendment. Nonconformance shall be of only two (2) types:
NONCONFORMING BY USE: A lawfully established use of land, building, or structure which
is not a permitted use in that zoning district. A building or structure
containing more dwelling units than are permitted by the use regulations
of a zoning ordinance shall be nonconforming by use; or
NONCONFORMING BY DIMENSION: A building, structure, or parcel of land not in compliance with
the dimensional regulations of the zoning ordinance. Dimensional regulations
include all regulations of the zoning ordinance, other than those
pertaining to the permitted uses. A building or structure containing
more dwelling units than are permitted by the use regulations of a
zoning ordinance shall be nonconforming by use; a building or structure
containing a permitted number of dwelling units by the use regulations
of the zoning ordinance, but not meeting the lot area per dwelling
unit regulations, shall be nonconforming by dimension.
A notice issued by the zoning enforcement officer of Portsmouth
informing the applicant for development approval that the application
is not in compliance with Portsmouth's zoning regulations.
A health care facility primarily intended to provide care for the elderly. A nursing home may provide different levels of care according to the needs of the individual patient. Said levels of care may include skilled care beds, intermediate care facilities, congregate living units (individual living units with limited cooking and eating facilities provided as an alternative to common eating facilities), independent living units (apartments with full eating facilities enabling elderly patients to maintain a more independent life style), adult day care and all other services reasonably ancillary to the operation of a modern nursing home. Density requirements for a nursing home shall be governed by the maximum percentage of lot coverage provisions as set forth in Article VII, Section C, Apartments.
Includes the words "designed to be, arranged to be, or intended
to be occupied".
Any parcel or area of land or water set aside, dedicated,
designated, or reserved for public or private use or enjoyment or
for the use and enjoyment of owners and occupants of land adjoining
or neighboring such open space; provided that the area may be improved
with only those buildings, structures, streets, and off-street parking
and other improvements that are designated to be incidental to the
natural openness of the land.
A district established in a zoning ordinance that is superimposed
on one (1) or more districts or parts of districts and that imposes
specified requirements in addition to, but not less, than those otherwise
applicable for the underlying zone.
A lot, or contiguous group of lots in single ownership or
under single control, and usually considered a unit for purposes of
development. (See also Lot.)
That portion of a development that is used by vehicles for
access, circulation, parking, and loading and unloading. It comprises
the total of circulation areas, loading and unloading areas, and parking
spaces.
An area containing not less than the square footage required by Article IX. of this ordinance to be used exclusively as a parking stall and maneuvering space for one (1) motor vehicle.
A set of criteria or limits relating to elements which a
particular use or process either must meet or may not exceed.
A use by right which is specifically authorized in a particular
zoning district.
A "land development project", as defined herein, and developed
according to plan as a single entity and containing one (1) or more
structures and/or uses with appurtenant common areas.
Projects in which one (1) or more lots, tracts or parcels
are developed or proposed to be developed as a coordinated site for
a complex of uses, units or structures, including:
[Added 9-29-2002]
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PLANNED INDUSTRIAL DEVELOPMENT — A planned,
coordinated development of a tract or tracts of land with two (2)
or more buildings as an environment for a variety of transportation,
storage or industrial uses and related activities. Such development
is planned, designed, constructed and managed on an integrated and
coordinated basis with particular attention given to on-site vehicular
circulation, parking, utility needs, building design and location
and open space. The project is developed or controlled by a single
proprietary entity and has an enforceable master plan and/or covenants,
conditions and restrictions. The development may consist of one (1)
or more parcels, condominium ownership or a combination thereof and
may contain public and/or private streets. For the purposes of this
definition an industrial use is one engaged in basic processing and
manufacturing from raw or extracted materials, of non-hazardous finished
or unfinished products or parts and including processing, compounding,
stamping, fabrication, assembly, treatment, packaging, sale or distribution,
and incidental storage of such products or parts, the testing of such
products or parts and research and development. Such uses produce
no noise, odor, smoke or vibration in excess of state or federal standards
or specific local regulation and produces no heat, glare, dust, dirt,
odors or gases perceptible at any lot line.
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PLANNED CORPORATE DEVELOPMENT — A planned,
coordinated development of a tract or tracts of land with two (2)
or more buildings as an environment for a variety of office, management,
regulatory and light industrial uses and related activities. Such
development is planned, designed, constructed and managed on an integrated
and coordinated basis with particular attention given to on-site vehicular
circulation, parking, utility needs, building design and location
and open space. The project is developed or controlled by a single
proprietary entity and has an enforceable master plan and/or covenants,
conditions and restrictions. The development may consist of one (1)
or more parcels, condominium ownership or a combination thereof and
may contain public and/or private streets. For the purposes of this
definition a light industrial use is one engaged in manufacture from
previously prepared materials, of non-hazardous finished products
or parts and including processing, fabrication, assembly, treatment,
packaging, sale or distribution, incidental storage of such products
or parts, the testing of such products or parts and research and development,
but excluding basic industrial processing. Such uses produce no noise,
heat or glare perceptible at any lot line and emit no vibration, smoke,
dust, dirt, toxic or offensive odors or gases.
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PLANNED MARINE TRADE DEVELOPMENT (PMTD) —
A planned, coordinated development of a tract or tracts of land with
two (2) or more buildings as an environment for a variety of marine
trade related activities. Such development is planned, designed, constructed
and managed on an integrated and coordinated basis with particular
attention given to on-site vehicular circulation, parking, open water
access, storage and utility needs, building design and location and
open space. The project is developed or controlled by a single proprietary
entity and has an enforceable master plan and/or covenants, conditions
and restrictions. The development may consist of one (1) or more parcels,
condominium ownership or a combination thereof and may contain public
and/or private streets.
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PLANNED MARINA VILLAGE DEVELOPMENT (PMVD) —
A planned, coordinated development of a tract or tracts of land with
two (2) or more buildings as an environment for a variety of residential,
recreational and marina-related uses. Such development is planned,
designed, constructed and managed on an integrated and coordinated
basis with particular attention given to integration of land-based
uses with marina and water-based uses, on-site vehicular circulation,
parking, shared water access, storage and utility needs of the PUD
only, building design and location and open space. The project is
developed or controlled by a single proprietary entity and has an
enforceable master plan and/or covenants, conditions and restrictions.
The development may consist of one (1) or more parcels, condominium
ownership or a combination thereof and may contain public and/or private
streets. Said development must possess not less than two thousand
linear feet (2,000') of shore frontage exclusive of ponds and/or lakes,
and must include marina facilities.
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PLANNED RESORT DEVELOPMENT (PRD) — A planned,
coordinated development of a tract or tracts of land with two (2)
or more buildings as an environment for a variety of residential,
recreational and related uses. Such development is planned, designed,
constructed and managed on an integrated and coordinated basis with
particular attention given to on-site vehicular circulation, parking,
shared water access (if any), storage and utility needs of the PUD
only, building design and location and open space. The project is
developed or controlled by a single proprietary entity and has an
enforceable master plan and/or covenants, conditions and restrictions.
The development may consist of one (1) or more parcels, condominium
ownership or a combination thereof and may contain public and/or private
streets.
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PLANNED RETAIL/SERVICE DEVELOPMENT — A
planned, coordinated development of a tract or tracts of land with
two (2) or more buildings as an environment for a variety of retail,
service, and office uses and related activities. Such development
is planned, designed, constructed and managed on an integrated and
coordinated basis with particular attention given to on-site vehicular
circulation, parking, utility needs, building design and location
and open space. The project is developed or controlled by a single
proprietary entity and has an enforceable master plan and/or covenants,
conditions and restrictions. The development may consist of one (1)
or more parcels, condominium ownership or a combination thereof and
may contain public and/or private streets.
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The body established by the Town which has the responsibility
to prepare a comprehensive plan and make recommendations concerning
that plan to the Town Council, to rule upon subdivisions as provided
in the Subdivision Ordinance,[5] and to rule upon, review or advise upon other proposals
as provided in this Ordinance.
A map or maps of a subdivision or land development plan showing
the location, boundaries, and ownership of individual properties.
Any drainage facility, roadway, parkway, sidewalk, pedestrian
way, tree, lawn, off-street parking area, lot improvement, or other
facility for which the local government may ultimately assume the
responsibility for maintenance and operation, or which may affect
an improvement of which local government responsibility is established.
An open space conveyed or otherwise dedicated to a municipality,
municipal or state agent, board of education, or public body for recreation
or conservation uses.
A development of one (1) or more commercial establishments
primarily retail, office or consumer service oriented in nature, located
on a single lot or contiguous lots upon which such use exists at the
time of enactment of this amendment and consisting of five thousand
gross square feet (5,000 ft.2) of floor
space or more, or a total land area (including parking and travel
areas) of twenty-thousand square feet (20,000 ft.2) or more. Provided, however, that floor space located within a story
which is more than one half (1/2), vertically, below the average natural
grade of the ground adjoining said building shall be exempt from the
floor space requirement. (See ARTICLE V. Table of Use Regulations,
E. Retail Business and Consumer Service Establishments Uses, 14.2.)
[Amended 10-10-1996[6]]
A development of one (1) or more commercial establishments
primarily retail, office or consumer service oriented in nature, located
on a single lot or contiguous lots upon which no such use exists at
the time of enactment of this amendment and consisting of five thousand
gross square feet (5,000 ft.2) of floor
space or more, or a total land area (including parking and travel
areas) of twenty thousand square feet (20,000 ft.2) or more. Provided, however, that floor space located within a story which is more than one half (1/2), vertically, below the average natural grade of the ground adjoining said building shall be exempt from the floor space requirement. (See Article V. Table of Use Regulations, E. Retail Business and Consumer Service Establishments Uses, 14 and 14.1 and Article VII, Section G.)
A strip of land occupied or intended to be occupied by a
street, crosswalk, sidewalk or other pedestrian path, bicycle path,
railroad, road, electric transmission line, gas pipeline, water main,
sanitary or storm sewer main, shade trees, pier or dock or other special
use, including preservation of scenic vistas.
A non-enclosed or semi-enclosed structure for the sale of
agricultural or horticultural products, the major portion of which
are grown or produced on the premises or elsewhere by the same producer
and must provide off-street parking.
[Amended 10-25-2010; 6-8-2015 by Ord. No.
2015-06-08]
The method by which a view of one (1) site from another adjacent
site is shielded, concealed, or hidden. Screening techniques include
fences, walls, hedges, berms, or other features.
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. (See also definition of "yard" and the
Land Space Requirements Table.)
See Article IX. Signs.
The development plan for one (1) or more lots on which is
shown the existing and/or the proposed conditions of the lot.
Those areas within the exterior walls of a dwelling which
have head room or not less than seven feet (7') measured vertically
upward from the top of the finished floor but excluding basement areas
and excluding areas in any accessory structure attached to any dwelling.
A regulated use which is permitted pursuant to the special-use
permit issued by the authorized governmental entity, pursuant to section
45-24-42 [of the Rhode Island General Laws]. Formerly referred to
as a special use permit.
(See Special Use.)
The date the building permit was issued, provided the actual
start of construction, repair, reconstruction, placement, substantial
improvement or other improvement was within one hundred eighty (180)
days of the permit date. The actual start means either the first placement
of permanent construction of a structure on a site, such as the pouring
of a slab or footings, the installation of piles, the construction
of columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading and filling
nor does it include the installation of streets and/or walkways; nor
does it include excavation of temporary forms; nor does it include
the installation on the property of accessory buildings such as garages
or sheds not occupied as dwelling units or not part of the main structure.
That portion of a building contained between any floor and
the floor or roof next above it, but not including any portion so
contained if more than one-half (1/2) of such portion vertically is
below the average natural grade of the ground adjoining such building.
A public or private thoroughfare used, or intended to be
used, for passage or travel by motor vehicles. Streets may be further
classified by the functions they perform.
A way of approaching or entering a property. All lots of
record shall have adequate and permanent access to a public street
for all vehicles normally associated with the uses permitted of that
lot and for emergency vehicles.
A way open to vehicular ingress and egress, not owned and
maintained by the Town of Portsmouth, established as a separate tract
for the benefit of certain, adjacent properties. This definition shall
not apply to driveways.
All public property reserved or dedicated for street traffic,
owned and maintained by the Town of Portsmouth.
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.
Any lot lawfully existing at the time of adoption or amendment
of a zoning ordinance and not in conformance with the dimensional
and/or area provisions of that ordinance.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds fifty percent (50%) of the market
value of the structure either, a) before the improvement or repair
is started, or b) if the structure has been damaged, and is being
restored, before the damage occurred. For the purposes of this definition
'substantial improvement' is considered to occur when the first alteration
of any wall, ceiling, floor or other alteration affects the external
dimensions of the structure. The term does not, however, include either
1) any project for improvement of a structure to comply with existing
state or local health, sanitary or safety code specification which
is solely necessary to assure safe living conditions or 2) any alteration
of a structure listed on the National Register of Historic Places
or a State Inventory of Historic Places.
The Town of Portsmouth, Rhode Island.
[Added 6-26-2006]
The purpose or activity for which land or buildings are designed,
arranged, or intended, or for which land or buildings are occupied
or maintained.
Permission to depart from the literal requirements of a zoning
ordinance. An authorization for the construction or maintenance of
a building or structure, or for the establishment or maintenance of
a use of land, which is prohibited by a zoning ordinance. There shall
be only two (2) categories of variance, a use variance or a dimensional
variance.
USE VARIANCE. Permission
to depart from the use requirements of a zoning ordinance where the
applicant for the requested variance has shown by evidence upon the
record that the subject land or structure cannot yield any beneficial
use if it is to conform to the provisions of the zoning ordinance.
DIMENSIONAL VARIANCE. Permission to depart from the dimensional requirements of a zoning
ordinance, where the applicant for the requested relief has shown,
by evidence upon the record, that there is no other reasonable alternative
way to enjoy a legally permitted beneficial use of the subject property
unless granted the requested relief from the dimensional regulations.
However, the fact that a use may be more profitable or that a structure
may be more valuable after the relief is granted shall not be grounds
for relief.
The right to initiate or continue the development of an approved project under the regulations that were in effect at the time of approval, even if, after the approval, the regulations change prior to the completion of the project (See Article XV, for validity periods for each stage of approval).
A hospital used solely for the medical and surgical treatment
of animals under the care of a veterinarian.
The land adjoining a street intersection that is kept clear
of obstructions between three (3') and seven feet (7') above the ground
to protect the visibility and safety of motorists and pedestrians.
The protected sight distance area is the triangle with legs that are
the intersecting flowlines of two (2) streets at an intersection.
The legs shall extend thirty-five feet (35') away from the intersection
of the flowlines.
This district must contain a minimum of fifty (50) acres
and shore frontage of two thousand five hundred linear feet (2,500')
(excluding ponds, lakes, wharves, piers, breakwaters and other structures).
The district's purpose is to cater to marine activities such as commercial
boat docks, boat service areas, marine equipment stores, boat storage
and construction yards, boat repair facilities, bait and tackle shops,
wholesale and retail fish and shellfish establishments, refreshment
stands and marine oriented clubs. Other uses to be permitted in accordance
with the use table.
As defined in section 46-12-1(b) [of the Rhode Island General
Laws].[7]
As defined in section 2-1-14 [of the Rhode Island General
Laws].[8] A coastal wetland shall mean any salt marsh bordering
on the tidal waters of this state, whether or not the tide waters
reach the littoral areas through natural or artificial water courses,
and such uplands contiguous thereto, but extending not more than fifty
(50) yards inland therefrom, as the director shall deem reasonably
necessary to protect those salt marshes for the purposes set forth
in 2-1-13 [of the Rhode Island General Laws].[9]
As defined in section 2-1-20 [of the Rhode Island General
Laws]. "Fresh water wetlands" shall include, but not limited to, marshes,
swamps, bogs, ponds, rivers, river or stream flood plains or banks,
area subject to flooding or storm flowage; emergent and submergent
plant communities in any body of fresh water including rivers and
streams and that area of land within fifty feet (50') of the fresh
water including rivers and streams and that area of land within fifty
feet (50') of the edge of a bog, marsh, swamp, or pond, as defined
in Section 2-1-20 [of the Rhode Island General Laws].
FRONT YARDAn open space extending the entire width of a lot from lot sideline to lot sideline between the front lot line or lines and the nearest point of a building.
REAR YARDAn open space extending the entire width of a lot line from sideline to sideline between the rear lot line or the corner of a triangular lot farthest from the front lot line and the nearest point of the building.
SIDE YARDAn open space extending along a sideline of a lot between the front yard and the rear yard on such lot and extending between the sideline of such lot to the nearest point of the building.
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(See also definition of 'setback line' and the
'Land Space Requirements Table.)
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The reservation of certain specified areas within Portsmouth
for building and structures, or use of land, for certain purposes
with other limitations such as height, lot coverage, and other stipulated
requirements.
The body established by the Town pursuant to Town Charter and Article XII. of this ordinance, which has the power to hear and decide appeals, of determinations made by the Zoning Enforcement Office, to authorize variances from this ordinance, to authorize special use permits, and to hear and decide other matters pursuant to Articles XIII. and XIV. of this Ordinance.
A document signed by the zoning enforcement officer, as required
in this zoning ordinance, which acknowledges that a use, structure,
building or lot either complies with or is legally nonconforming to
the provisions of the municipal zoning ordinance or is an authorized
variance or modification therefrom.
The persons charged with the administration and enforcement
of the Zoning Ordinance shall be: (1) the Building Official of the
Town of Portsmouth, whose minimum qualifications shall be official
certification as a building official or inspector in the State of
Rhode Island, together with a working knowledge of zoning principles
and practices, and/or (2) the Zoning Enforcement Officer of the Town
of Portsmouth, whose minimum qualifications shall be a working knowledge
of zoning principles and practices.
[Amended 6-13-2005[10]]
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 Portsmouth.
An ordinance enacted by the Town Council pursuant to this
ordinance and in the manner providing for the adoption of ordinances
in the Town's home rule charter, which sets forth regulations and
standards relating to the nature and extent of uses of land and structures,
which is consistent with the comprehensive plan of Portsmouth as defined
in Title 45 Chapter 22.2 [of the Rhode Island General Laws].
The basic unit in zoning, either mapped or unmapped, to which
a uniform set of regulations applies, or a uniform set of regulations
for a specified use. The districts include, but are not limited to:
agricultural, commercial, industrial, institutional, open space, and
residential. Each district may include sub-districts. Districts may
be combined.
[1]
Editor's Note: The definition of "affordable housing plan,"
formerly found in the cited section of the state statutes, was renumbered
by Ch. 09-310 of the 2009 Session Laws and subsequently repealed by
Ch. 11-313 of the 2011 Session Laws. See now the definition in RIGL
§ 42-128.2-3.
[2]
Note: Previous wording stated: "Cultivation
and harvesting of products, including fish and vegetation, that are
produced naturally in freshwater wetlands, and installing cribs, racks
and other in-water structures for cultivating these products, but
does not include filling, dredging, post mining, or the construction
of any buildings or any water-regulating structures."
[6]
Note: Prior to the adoption of the current
wording on 10-10-1996 for RETAIL BUSINESS, OFFICE OR CONSUMER SERVICE
COMPLEX, EXISTING and RETAIL BUSINESS, OFFICE OR CONSUMER SERVICE
COMPLEX, NEW, the definition of RETAIL BUSINESS, OFFICE OR CONSUMER
SERVICE COMPLEX read as follows:
A new development of one or more commercial establishments primarily retail, office or consumer service oriented in nature, located on a single lot or contiguous lots upon which no such use exists at the time of application and consisting of 5,000 gross square feet of floor space or more, or a total land area (including parking and travel areas) of 20,000 square feet or more. Provided however, that floor space located within a story which is more than one half vertically below the average natural grade of the ground adjoining said building shall be exempt from the floor space requirement. Such development shall be a special use permit per the provisions of Article VII. Section E.
[7]
Editor's Note: See now RIGL 46-12-1(23).
[8]
Editor's Note: RIGL §§ 2-1-13 to 2-1-17 have
been repealed.
[9]
Editor's Note: RIGL §§ 2-1-13 to 2-1-17 have
been repealed.
