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

ACCESSORY FAMILY DWELLING UNIT 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 need not have a separate means of ingress and egress (See Article 5-19, Accessory Family Dwellings).

ACCESSORY USE A use of land or of a building, or portion thereof, customarily incidental and subordinate to the principal use of land or building. Such accessory use shall be restricted to the same lot as the principal use. Such accessory use shall not be permitted without the principal use to which it is related.

ADJACENT LOTS Two or more lots of record which have one or more common boundary.

AGGRIEVED PARTY An aggrieved party, for purposes of this act shall be (a) Any person or persons or entity or entities who can demonstrate that their property will be injured by a decision of any officer or agency responsible for administering this Ordinance; or (b) Anyone requiring notice pursuant to this Ordinance.

ALTERATION, EXTERIOR An action that changes one (1) or more of the exterior architectural features of a structure or its appurtenances, including, but not limited to, the erection, construction, reconstruction, or removal of any structure or appurtenance.

ANTENNA Equipment designed to transmit or receive electronic signals.

APARTMENT HOTEL A building or portion thereof used for or containing both rooming units and dwelling units and where additional services such as restaurants, meeting rooms and recreational facilities may be provided.

APPLICANT An owner or authorized agent of the owner submitting an application or appealing an action of any official, board or agency.

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 purpose.

APPURTENANCES Features other than primary or secondary structures which contribute to the exterior appearance of a property including, but not limited to, paving, doors, windows, signs, materials, decorative accessories, fences, and landscape features.

AUTO BODY SHOP A building or portion of a building in which major repairs are performed on automobile, truck or motorcycle bodies or chassis, including body repair, painting or priming.

BASEMENT That portion of a building included between the upper surface of its floor and the upper surface of the floor next above, having more than of its height above the average elevation of the finished lot grade adjoining the building.

BILLBOARD A sign advertising products, services, facilities, events or attractions not made, sold, used, served or available on the premises displaying such sign. (See also "Sign, Off-premises").

BLOCK FRONTAGE All the property fronting on one side of a street between intersecting or intercepting streets or between a street and right-of-way, waterway, end of dead-end street or Town boundary measured along the street line.

BOARDING HOUSES A building where lodging is supplied with or without meals and the operator resides on the premises. An apartment for the operator of such a facility shall be permitted and not included in the total calculation of rooms permitted.

BUFFER Land which is maintained in either a natural or landscaped state, and is used to screen and/or mitigate the impacts of development on surrounding areas, properties or rights of-way.

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

BUILDING, ACCESSORY A subordinate building that is located on the same lot as a principal building and that is used incidentally to a principal building or that houses an accessory use. Where a substantial part of the wall of an accessory building is part of the wall of the principal building or where an accessory building is attached to the principal building in a substantial manner as by a roof, such accessory building shall be counted as part of the principal building.

BUILDING, DETACHED A building having no party wall in common with another building.

BUILDING, PRINCIPAL The primary building on a lot or a building that houses a principal use.

BUILDING, SEMI-DETACHED A building having one party wall in common with an adjoining building.

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, bulk or other regulations, and/or any combination thereof

BUILDING FRONTAGE The width of a building abutting or parallel to the street line.

BUILDING HEIGHT The vertical distance measured from the grade, as defined herein, on the street frontage of the building, to the highest point of the roof structure. The distance excludes certain roof structures and is otherwise modified in Section 5-6 of this Ordinance.

BUILDING OFFICIAL The Building Official of the Town of Cumberland who is also the Zoning Enforcement Officer.

CELLAR That portion of a building included between the upper surface of its floor and the upper surface of the floor next above, having less than its height above the average elevation of the finished lot grade adjoining the building.

CEMETERY Land used for the burial of the dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.

CLUSTER A site planning technique that concentrates building 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.

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 an association (such ownership may also include a municipality) of one (I ) or more lots under specific development techniques.

COMMUNITY CENTER A building or group of buildings whose sole purpose is to house a non-profit service, fraternal, or sectarian organization including administrative offices, child and elderly programs, recreation and assembly.

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 mentally handicapped children or adults reside in any type of residence in the community, as licensed by the state pursuant to Rhode Island General Laws Section 40.1-24-1-1 et. seq.

       (b) A group home providing care or supervision, or both, to not more than eight (8) mentally disabled or mentally handicapped or physically handicapped persons, and li- censed by the state pursuant to Rhode Island General Laws Section 40.1-24-1-1 et. seq.

       (c) A residence for children providing care or supervision, or both, to not more than eight (8) children including those of the care giver and licensed by the state pursuant to Rhode Island General Laws Section 42-72. 1 -1 et. seq.

       (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 such 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.

COMPREHENSIVE PLAN The Comprehensive Community Plan adopted by the Town and approved pursuant to Rhode Island General Laws Section 45-22.2-1 et. seq.

CONSTRUCTION The act of adding to an existing structure or erecting a new principal or accessory structure or appurtenances to a structure, including, but not limited to, buildings, extensions, outbuildings, fire escapes, and retaining walls.

COUNCIL The Town Council of the Town of Cumberland.

DAY CARE - DAY CARE CENTER Any other day care center which is not a family day care home.

DAY CARE - FAMILY DAY CARE HOME Any home other than the individual's home in which day 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 such care.

DEMOLITION An act or process that destroys a structure or its appurtenances in part or in whole.

DENSITY, RESIDENTIAL The number of households or dwelling units per unit of land.

DEVELOPMENT The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure, any mining, excavation, landfill or land disturbance, any change in use, or alteration or extension of the use of land.

DEVELOPMENT PLAN REVIEW The process whereby the Planning Board is authorized to review the site plans, maps and other documentation of a development to determine the compliance with the stated purposes and standards of this Ordinance.

DIRECTOR Director of the Department of Planning and Community Development (also known as the Town Planner) of the Town of Cumberland.

DISTRICT See zoning use district.

DORMITORY A building used as rooming units for a student body or religious order as an accessory use for a college, university, boarding school, orphanage, convent, monastery, or other similar institution.

DRAINAGE SYSTEM A system of the removal of water from land by drains, grading or other appropriate means. Such 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.

DRIVEWAY That portion of a lot that consists of a travel lane used to access a parking area or garage and which is bounded on either side by an area that is not part of the parking area.

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 Household).

DWELLING, MULTI-HOUSEHOLD A building or portion thereof used for occupancy by three (3) or more households living independently of each other.

DWELLING, ONE-HOUSEHOLD A building used exclusively for one household and containing only one dwelling unit.

DWELLING, TWO-HOUSEHOLD A building used exclusively for occupancy by two (2) households living independently of each other.

EXTRACTIVE INDUSTRY The extraction of minerals including: solids, such as gravel, sand, coal and ores; liquids such as crude petroleum, and gases, such as natural gases. The term also includes quarrying; well operation; milling, such as crushing, screening, washing and floatation; and other preparation customarily done at the extraction site or as a part of the extractive activity.

FAMILY A person or persons related by blood, marriage or other legal means. (See Household).

FAST FOOD RESTAURANT A commercial establishment where food or beverages are cooked, prepared or packaged and offered for sale inside or outside the structure by means of stand-up counter and/or drive-in service (including self-service) and primarily serves or dispenses such food or beverages in or with disposable containers and/or utensils and take away food is more than incidental.

GARAGE, PARKING Any building, except those herein defined as a private garage, used for parking of vehicles, and with not more than two (2) pumps for the incidental sale of gasoline. Such buildings may include stores and other commercial establishments; providing they conform to all regulations of the zone in which they are located.

GARAGE, PRIVATE A detached accessory building or portion of a principal building used for storage of vehicles, and provided that, if more than two vehicles are stored therein, the capacity does not exceed one vehicle for each 2,500 square feet of lot area.

GARAGE REPAIRSHOP A building or portion of a building, in which repairs, other than major structural repairs, are made to vehicles.

GASOLINE SERVICE STATION A building or portion of a building, in which automotive repairs or services are performed; fuel, oil, batteries and accessories are sold; grease racks, elevators and tire mounting devices are employed; but excluding automobile body repairing and painting and sale of automotive body parts.

GFA (GROSS FLOOR AREA) The sum of the gross horizontal area of the several floors of a building measured from the exterior face of exterior walls, but not including interior parking spaces, loading spaces for motor vehicles, or any space where the floor to ceiling height is less than six-feet.

GRADE A reference plane representing the average of finished ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line, or when the lot line is more than six-feet from the building, between the building and a point six-feet from the building.

GROUP QUARTERS A dwelling unit in which individuals requiring supervision are provided living, sleeping, cooking, eating and sanitation facilities.

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

HDC The Historic District Commission of the Town of Cumberland.

HOME OCCUPATION Any activity customarily carried out for gain by a resident which is conducted as an accessory use in the resident's dwelling unit.

HOSPITAL An institution licensed by the State of Rhode Island to provide primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.

HOTEL OR MOTEL A building or portion thereof where temporary lodging is supplied and where additional services such as restaurants, meeting rooms and recreational facilities may be provided.

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. Any individual household shall consist of any one (1) of the following: (a) A family, which may also include servants and employees living with the family or (b) a person or group of not more than three (3) unrelated persons living together.

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

JUNK YARD, INCLUDING AUTO WRECKING A lot or part thereof used for the storage, keeping or abandonment of junk, including scrap metal or other scrap material, or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.

KENNEL A commercial operation that: (a) provides food and shelter and care of animals for purposes not primarily related to medical care (a kennel may or may not be run by or associated with a veterinarian), or (b) engages in the breeding of animals for sale.

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 used as provided for this Ordinance.

LESS RESTRICTIVE ZONE The order of zones from less restrictive to more restrictive is: I-3, I-2, I-1, C-2, C-1, R-3, R-2, R-1, A-2, A-1.

LODGING The provision of a rooming unit or units rented or leased for compensation.

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.

LOT AREA The total area circumscribed by the boundaries of a lot, except that: (a) when the legal instrument creating a lot shows the boundary of the lot extending into a public street right-of-way, then the lot boundary for purposes of computing the lot area shall be the street right-of-way line, or if the right-of-way line cannot be determined, a line running parallel to and 30 feet from the center of the traveled portion of the street, and (b) in a residential district, when a private road that serves more than three dwelling units is located along any lot boundary, then the lot boundary for purposes of computing the lot area shall be the inside boundary of the traveled portion of that road.

LOT BUILDING COVERAGE That portion of the lot that is or may be covered by buildings and accessory buildings.

LOT DEPTH The distance measured from the front lot line to the rear lot line. For lots where the front and rear lot lines are not parallel, the lot depth is an average of the depth;

LOT FRONTAGE That portion of a lot abutting a street. Where all lot frontage is not contiguous, then only the largest single portion of such lot frontage will be considered with regard to minimum frontage requirements.

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: any lot line separating a lot from a street right-of-way. (b) Rear: the lot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, an assumed line at least ten (10) feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line, and (c) Side: any lot line other than a front or rear lot line. On a comer lot, or irregularly shaped lot, there may be more than one front lot line, and consequently, more than one rear lot line.

LOT WIDTH The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front line at the minimum front setback line.

LOT, CORNER A lot at the junction of and fronting on two or more intersecting streets.

LOT, THROUGH A lot which fronts upon two parallel or approximately parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.

MIXED USE A mixture of land uses within a single development, building or lot. Under some circumstances, a second principal use may be regarded as accessory to the first, and thus a combination use is not established. In addition, when two or more separately owned or separately operated enterprises occupy the same lot, and all such enterprises fall within the same principal use classification, this shall not constitute a mixed use.

MOBILE HOME A structure designed or used for residential occupancy built upon or having a frame or chassis to which wheels may be attached by which it may be moved upon a highway, whether or not such structure actually has, at any given time, such wheels attached, or is jacked up or skirted, or attached to a permanent slab foundation.

MORE RESTRICTIVE ZONE The order of zones from more restrictive to less restrictive is: A-1, A-2, R-1, R-2, R-3, C 1, C-2, 1-1, 1-2, I-3.

NONCONFORMANCE 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 the provisions of such Ordinance or amendment. Nonconformance shall be of only two (2) types:

       (a) Nonconforming by use: A lawfully established use of land, building or structure which is not a permitted use in that zoning district. A building or structure containing more dwelling units than are permitted by the use regulations of this Ordinance shall be nonconforming by use;

       (b) Nonconforming 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 this 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 this Ordinance shall be nonconforming by use, while 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.

NURSING HOME A facility licensed by the State of Rhode Island, and maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital.

OVERLAY DISTRICT A district that is superimposed on one (1) or more district or parts of districts and that imposes specified requirements in addition to those otherwise applicable for the underlying zone and or which allows alternate uses.

OWNER Any person, agent, firm or corporation who, alone, jointly, or severally with others: a) shall have legal or record title to any property; or b) shall have charge, care or control of any property as agent, executor, administrator, trustee or guardian.

PARKING AREA AISLES A portion of paved area consisting of lanes providing access to parking spaces.

PARKING SPACE A portion of paved area set aside for the parking of one vehicle.

PARKING, ACCESSORY USE Off-street parking of automobiles on the same or contiguous lot as a principal use where said parking is established or required in conjunction with the principal use.

PARKING, PRINCIPAL USE Off-street parking of automobiles on one or more lots where parking spaces for more than four (4) automobiles are available for public use whether free, for compensation, or to satisfy parking requirements of a principal use on separate and noncontiguous lots.

PERMITTED USE A use by right which is specifically authorized in a particular zoning district.

PLANNED UNIT DEVELOPMENT (PUD) Land development project as defined herein and developed according to plan as a single entity and containing one (1) or more structures and/or uses with appurtenant common areas.

PRE-APPLICATION CONFERENCE A review meeting of a proposed development held between applicants and the Department of Planning and Development, before formal submission of an application for a permit or for development approval.

QUARRY See Extractive Industry.

REMOVAL Relocation of a structure on its site or to another site.

REPAIR A change meant only to remedy damage or deterioration of a structure of its appurtenances.

REST HOME Group lodging for convalescing people, including elderly, where basic services are provided.

ROOMING HOUSE A building where lodging is supplied in rooming units.

ROOMING UNIT A room or suite of rooms having an independent means of access within a building, with facilities intended for sleeping and living, with or without individual sanitation, and without cooking facilities.

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.

SIGN Any device that is sufficiently visible to persons not located on the lot where such device is located to attract the attention of such persons or to communicate information to them.

SIGN, FREESTANDING A sign that is attached to, erected on, or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure having a principal function other than the support of a sign. A sign that stands without supporting elements, such as a "sandwich sign," is also a freestanding sign.

SIGN, OFF-PREMISES A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other activity that is conducted, sold, or offered at a location other than the premises on which the sign is located. See also "Billboard").

SIGN, TEMPORARY A sign that (a) is used in connection with a circumstance, situation, or event that is designed, intended or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign, or (b) is intended to remain on the location where it is erected or placed for a period of not more than 15 days. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary.

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.

SPECIAL USE A regulated use which is permitted pursuant to a Special Use Permit issued by the Board, Formerly referred to as a Special Exception.

STORY That portion of a building included between the upper surface of any floor and the upper surface of the floor next above; also, any portion of a building used for human occupancy between the topmost floor and the roof. A basement may be counted as a story but a cellar shall not be so counted.

STREET A public right-of-way established by or maintained under public authority, a private way open for public uses, and a private way plotted or laid out for ultimate public use, whether or not constructed.

STREET LINE The line dividing a lot from any street, except a limited or controlled access highway to which the lot has no access.

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, buildings, gazebos, signs, billboards, outbuildings, and swimming pools.

SUBSTANDARD LOT OF RECORD Any lot lawfully existing prior to December 13, 1962; or lawfully existing at the time of adoption or amendment of this Ordinance and not in conformance with the dimensional and/or area provisions of such ordinance or amendment.

TEMPORARY LODGING Lodging typically leased for less than one month increments, as in hotel and motel.

TOWER Any structure whose principal function is to support transmitting or receiving antennae and related electronic devices.

TOWN The Town of Cumberland.

TRANSITIONAL HOUSING See Community Residence.

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.

USE, ACCESSORY A subordinate use located on the same lot with the principal building, or subordinate use of land, either of which is customarily incident to and serves the principal building or the principal use of the land.

USE, PRINCIPAL The primary or predominant use of any lot.

UTILITY FACILITIES Any above-ground structures or facilities (other than buildings, unless such buildings are used as storage incidental to the operation of such structures or facilities) owned by a governmental entity, a nonprofit organization, a corporation, or any entity defined as a public utility for any purpose by the State of Rhode Island and used in connection with the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, gas, oil, or electronic signals.

VARIANCE Permission to depart from the literal requirements of this Ordinance. An authorization for the construction or maintenance of a building or structure, or for the establishment 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, although it may be an incidental result of the relief.

VEHICLE, COMMERCIAL Automobile vehicle used for commercial transportation purposes, including but not limited to trucks (all types and weights), van used for delivery and service, tractor trailer, garbage pick-up or dump truck, dumpster truck, or similar type vehicle.

WHOLESALE SALES On-premises sales of good primarily to customers engaged in the business of reselling the goods.

YARD, FRONT A yard extending across the width of the lot, bounded by the required side yards, the building frontage and the street, and which is open, unoccupied and unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in this Ordinance.

YARD, SIDE A yard extending from the side of the building to the side lot line, the length of which is measured from the front lot line to the rear lot line.

YARD, REAR A yard extending across the width of the lot, bounded by the required side yards, the rear of the building and the rear lot line.

ZONING CERTIFICATE A document signed by the Zoning Enforcement Officer, which acknowledges that a use, structure, building or lot either complies with or is legally nonconforming to the provisions of this Ordinance or is a duly authorized variance or approved special use permit in accordance with Section 9-8 of this Ordinance..

ZONING MAP The Cumberland Zoning Plats which are a part of this Ordinance and which delineate the boundaries of all mapped zoning districts and overlay districts within the physical boundary of the Town as provided in Section 1-3 of this Ordinance.

ZONING USE DISTRICT The basic unit in zoning to which a uniform set of regulations applies, or a uniform set of regulations for a specified use.

FARM shall mean agricultural land of at least five (5) acres, together with principal and accessory buildings and structures upon which agricultural operations are conducted and/or land previously utilized for such purposes before the enactment of this ordinance upon which a legal pre-existing non-conforming use was operated.

FARMER For the purposes of this section, a farmer is an individual, partnership, corporation or other recognized legal entity which operates a farm and has filed a US Internal Revenue Form 1040 (Schedule F) with the Internal Revenue Service, and/or has a State of Rhode Island farm tax number.

FARMSTAND A rustic freestanding structure or vehicle located upon a farm, not exceeding 200 square feet in total floor area, the principal use of which is the sale of farm products at retail to the general public.

FARM PRODUCTS All agricultural, horticultural, vegetable, fruit, or other products of the soil, livestock products, poultry, eggs, dairy products, nuts, mushrooms, honey and beeswax; provided however that this definition does not include finished forest products, such as lumber or building materials.

FARM RELATED PRODUCTS Products, other than Farm Products as defined above, which are capable of being built, constructed, crafted or manufactured on a farm by a farmer and/or his/her family members such as craft arts, books, clothing or quilts. This definition also includes lawn and garden supplies such as potting soil, peat moss or other soil amendments, seeds, pots, planters and the like. This definition specifically excludes products other than those described above, and which, by their very nature must be manufactured in a commercial or industrial location, including, but not limited to, automotive products, farm machinery, lawn mowers, chain saws, fabricated metal products, tools or hardware.

FARM RETAIL SALES BUILDING A building located upon a farm, not exceeding 1,000 square feet (by right) or 1,6000 square feet (by special use permit) per farm, the principal use of which is the sale or farm or farm-related products at retail to the general public.

AGRICULTURAL OPERATIONS Any commercial enterprise which has as its primary purpose horticulture, viticulture, viniculture, floriculture, forestry, dairy farming, or aquaculture, or the raising of livestock, furbearing animals, poultry or bees, or as such definition may be amended from time to time in Title 2, Section 23-4 of the General Laws of the State of Rhode Island entitled "The Rhode Island Right to Farm Act".

ABUTTER Owner of land within two hundred feet (1200') of the subdivision as determined from the most recent public records. Land separated from proposed subdivisions by a street right-of-way or easement is considered as abutting land.

ADMINISTRATIVE OFFICER The municipal official designated by the local regulations to administer the land development and subdivision regulations and to coordinate with local boards and commissions, municipal staff and state agencies. The director of the department of planning and community development.

ADMINISTRATIVE SUBDIVISION Re-subdivision of existing lots which yield no new or additional lots for development, and involve no creation or extension of streets. Such re-subdivision shall only involve divisions, mergers, mergers and division, or adjustments of boundaries of existing lots.

BOARD OF APPEAL The local review authority for appeals of actions of the administrative officer and/ the planning board on matters of land development or subdivision, which shall be the Cumberland Zoning Board of Review.

BOARD See Improvement guarantee.

BRIDGE Shall mean a structure having a clear span of ten (10) feet or more measured along the centerline of roadway, spanning a watercourse or other opening or obstruction;

BUILDING Any structure built for the support, enclosure or shelter of persons, animals, chattel or movable property of any kind and includes structures.

BUILDABLE LOT A lot where construction for the use(s) permitted on the site under the local zoning ordinance is considered practical by the planning board, considering the physical constraints to development of the site as well as the requirements of the pertinent federal, state and local regulations.

BUILDING SETBACK LINE A line parallel to a street right-of-way which establishes the minimum distance buildings must be constructed from the street right-of-way.

CERTIFICATE OF COMPLETENESS A notice issued by the administrative officer informing the applicant that the application submitted to the officer by applicant is complete and meets the requirements of the town's regulations, and that the applicant may proceed with the approval process. Does not indicate project approval status.

CONCEPT PLAN A drawing with accompanying Information showing the basic elements of a proposed land development plan or subdivision as used for pre-application meetings and early discussions, and classification of the project within the approval process.

CONSISTENCY WITH THE COMPREHENSIVE PLAN A requirement of all land use regulations which means that all regulations and subsequent actions shall be in accordance with the public policies arrived at through detailed study and analysis and adopted by the town as the Cumberland Comprehensive Community Plan 1991-2010.

CUL-DE-SAC A local street having, only one (1) outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.

DEDICATION, FEE-IN-LIEU OF Payments of cash which are authorized in which requirements for mandatory dedication of land are not met because of physical conditions of the site or other reasons.

DEVELOPMENT REGULATION Zoning, subdivision, land development plan, development plan review, historic district, official map, flood plain regulation, soil erosion, holding pond ordinance, design review or any other governmental regulation of the use and development of land.

DIVISION OF LAND A subdivision.

EASEMENT The authorization by a property owner for the use by another, and for a specific purpose, of any designated part of the owner's property.

ENVIRONMENTAL CONSTRAINTS Natural features, resources, or land characteristics that are sensitive to change and may require conservation measures or the application of special development techniques to prevent degradation of the site, or may require limited development

FINAL PLAN The final stage of land development and subdivision review.

FINAL PLAT The final drawing(s) of all or a portion of a subdivision to be recorded after approval by the planning board and any accompanying materials as described in Appendix A.

FLOOD HAZARD Those areas delineated by the Flood Hazard Zones section.

FLOOR AREA, GROSS See Rhode Island State Building Code.

GOVERNING BODY The body of local government, {the Cumberland Town Council}, having the power to adopt ordinances, accept public improvements and dedication, release public improvement guarantees, and collect fees.

IMPROVEMENTS Any natural or built item which become part of, is placed upon, or is affixed to, real estate.

IMPROVEMENT GUARANTEE A security instrument accepted by the town to ensure that all improvements, facilities, or work required by the land development and subdivision regulations, or required by the town as a condition of approval, will be completed in compliance with the approved plan and specifications of a development.

LOCAL REGULATIONS The land development and subdivision review regulations adopted by the Cumberland Planning Board pursuant to Rhode Island General Laws, Section 45-23.

LOT A smaller portion of land into which a larger tract or parcel of land is subdivided.

LOT DEPTH The greatest lineal distance of a lot lying between and generally measured perpendicular to a street right-of-way and a rear lot line.

LOT WIDTH The lineal distance of a lot lying between and generally measured perpendicular to side lot lines at its most narrow point from the minimum frontage line.

MAINTENANCE GUARANTEE Any security instrument which may be required and accepted by the town to ensure that necessary improvements will function as required for a specific period of time.

MAJOR LAND DEVELOPMENT Any land development not classified as a minor land development plan.

MAJOR SUBDIVISION Any subdivision not classified as either an administrative subdivision or a minor subdivision.

MASTER PLAN An overall plan for a proposed project site outlining general, rather than detailed, development intentions. It describes the basic parameters of a major development proposal, rather than giving full engineering details. Required in major land development or subdivision review.

MINOR LAND DEVELOPMENT PLAN A development plan for a residential project provided that such development does not require waivers or modifications as specified in these regulations. All proposed nonresidential land development projects shall be considered as major land development plans.

MINOR SUBDIVISION A plan for a residential subdivision of land consisting of five (5) or fewer lots, provided that such subdivision does not require waivers or modifications as specified in these regulations. All nonresidential subdivisions shall be considered as major subdivisions.

MODIFICATION OF REQUIREMENTS The planning board shall have the power to grant such waivers and/or modifications from the requirements for land development and subdivision approval as may be reasonable and within the general purpose and intent of the regulations, a waiver.

PARCEL A lot, or contiguous group of lots in single ownership or under single control, and usually considered a unit for purposes of development. Also referred to as a tract.

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.

PERMITTING AUTHORITY The local agency of government specifically empowered by state enabling law and local ordinance to hear and decide specific matters pertaining to local land use.

PHASED DEVELOPMENT Development, usually for large scale projects, where construction of public and/or private improvements proceeds by section(s) subsequent to approval of a master plan for the entire site.

PHYSICAL CONSTRAINTS TO DEVELOPMENT Characteristics of a site or area, either natural or man-made, which present significant difficulties to present significant construction of the uses permitted on that site, or would require extraordinary construction methods. See also environmental constraints.

PLANNING BOARD The Planning Board of the Town of Cumberland, Rhode Island.

PLAT A drawing or drawing of a land development or subdivision plan showing the location, boundaries, and lot lines of individual properties, as well as other necessary information as specified in these regulations.

PRE-APPLICATION CONFERENCE An initial meeting between developers and municipal representatives which affords developers the opportunity to present their proposal informally and to receive comments and directions from the municipal officials and others.

PUBLIC IMPROVEMENT Any street or other roadway, sidewalk, pedestrian way, tree, lawn, off-street parking area, drainage feature, or other facility for which the local government or other governmental entity either is presently responsible, or will ultimately assume the responsibility for maintenance and operation upon municipal acceptance.

PUBLIC INFORMATIONAL MEETING A meeting of the planning board or governing body preceded by a notice, open to the public and at which the public shall be heard.

RE-SUBDIVISION Any change of an approved or recorded subdivision plat or in a lot recorded in the municipal land evidence records, or that affects the lot lines of any areas reserved for public use, or that affects any map or plan legally recorded prior to the adoption of the local development and subdivision regulations For the purposes of this act such action shall constitute a subdivision and be subject hereto.

R.I. STANDARDS Where the term R.I. Standards ... are used in these regulations, such term refers to the appropriate section of the Standards Specifications for Roads & Bridges Construction as published by the State of Rhode Island, Department of Transportation, and any amendments or changes, or additions thereto.

STORM WATER DETENTION A provision for storage of storm water runoff and the controlled release of such runoff during and after a flood or storm.

STORM WATER RETENTION A provision for the storage of storm water runoff.

STREET A public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles. Streets are further classified by the function they perform. See street classification.

STREET, ACCESS TO An adequate and permanent way of entering a lot. All lots of record shall have access to a public street for all vehicles normally associated with the uses permitted for that lot.

STREET, ALLEY A public or private thoroughfare primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.

STREET, CUL-DE-SAC A local street with only one outlet and having an appropriate vehicle turnaround, either temporary or permanent, at the closed end.

STREET, LIMITED ACCESS HIGHWAY A freeway or expressway providing for through traffic. Owners or occupants of abutting property on lands and other persons have no legal right to access, except as such point and in such manner as may be determined by the public authority having jurisdiction over the highway.

STREET, PRIVATE A thoroughfare established as a separate tract for the benefit of multiple, adjacent properties and meeting specific municipal improvement standards. This definition shall not apply to driveways.

STREET, PUBLIC All public property reserved or dedicated for street traffic.

STREET, STUB A portion of a street reserved to provide access to future development, which may provide for utility connections.

STREET CLASSIFICATION A method of roadway organization which identifies a street hierarchy according to functions within a road system, that is, types of vehicles served and anticipated volumes of traffic, for the purpose of promoting safety, efficient land use and the design character of neighborhoods and districts. Local classifications shall use the following as major categories.

       (a) Arterial. A major street that serves as an avenue for the circulation of traffic into, out of, or around the municipality and carries high volumes of traffic.

       (b) Collector. A street whose principal function is to carry traffic between local streets and arterial streets but that may also provide direct access to abutting properties.

       (c) Local. Streets whose primary function is to provide access to abutting properties.

SUBDIVIDER Any person who (1) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision or who (2) directly or indirectly sells, leases, or develops, or offers to sell, lease, or develop, or advertises to sell, lease, or develop, any interest, lot, parcel, site, unit, or plat in a subdivision, or who (3) engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision or any interest, lot, parcel, site, unit, or plat in a subdivision.

SUBDIVISION The division or re-division, of a lot, tract or parcel of land into two or more lots, tracts, or parcels. Any adjustment to existing lot lines of a recorded lot by any means shall be considered a subdivision. The division of property for purposes of financing constitutes a subdivision.

TEMPORARY IMPROVEMENTS Improvements built and maintained by a developer during construction of a development project prior to a release of the improvement guarantee, but not intended to be permanent.

WATERSHEDS The region or natural drainage areas which contributed to drinking water supply within and as determined by the Town of Cumberland.

WETLANDS Those areas determined as such by the Rhode Island Department of Environmental Management.

VESTED RIGHTS The right to initiate or continue the development of an approved project for a specific period of time, under the regulations that were in effect at the time of approval, even if, after the approval, the regulations changes prior to the completion of the project.

WAIVER OF REQUIREMENTS See (26) modifications of requirements.

BUFFER ZONE means an area free of obstructions, including but not limited to vegetation, structure or screen fencing.

HOLDING POND means any man-made above-ground area which retains, detains or in any way accumulated and is used to store stormwater.