Rhode Island 2023 Regular Session

Rhode Island House Bill H5716 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5716
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7	7	LC001924
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO TOWNS AN D CITIES -- ZONING ORDINANCES
16	16	Introduced By: Representatives Baginski, Lima, J. Brien, and O'Brien
17	17	Date Introduced: February 17, 2023
18	18	Referred To: House Municipal Government & Housing
19	19
20	20
21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Section 45-24-31 of the General Laws in Chapter 45-24 entitled "Zoning 1
23	23	Ordinances" is hereby amended to read as follows: 2
24	24	45-24-31. Definitions. 3
25	25	Where words or terms used in this chapter are defined in § 45-22.2-4 or 45-23-32, they 4
26	26	have the meanings stated in that section. In addition, the following words have the following 5
27	27	meanings. Additional words and phrases may be used in developing local ordinances under this 6
28	28	chapter; however, the words and phrases defined in this section are controlling in all local 7
29	29	ordinances created under this chapter: 8
30	30	(1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with 9
31	31	no intervening land. 10
32	32	(2) Accessory dwelling unit (ADU). A residential living unit on the same parcel where the 11
33	33	primary use is a legally established single-unit or multi-unit dwelling. An ADU provides complete 12
34	34	independent living facilities for one or more persons. It may take various forms including, but not 13
35	35	limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; 14
36	36	or a unit that is part of an expanded or remodeled primary dwelling. 15
37	37	(3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental 16
38	38	and subordinate to the principal use of the land or building. An accessory use may be restricted to 17
39	39	the same lot as the principal use. An accessory use shall not be permitted without the principal use 18
40	40	to which it is related. 19
41	41
42	42
43	43	LC001924 - Page 2 of 10
44	44	(4) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be: 1
45	45	(i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her, 2
46	46	or its property will be injured by a decision of any officer or agency responsible for administering 3
47	47	the zoning ordinance of a city or town; or 4
48	48	(ii) Anyone requiring notice pursuant to this chapter. 5
49	49	(5) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4. 6
50	50	(6) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2. 7
51	51	(7) Applicant. An owner, or authorized agent of the owner, submitting an application or 8
52	52	appealing an action of any official, board, or agency. 9
53	53	(8) Application. The completed form, or forms, and all accompanying documents, exhibits, 10
54	54	and fees required of an applicant by an approving authority for development review, approval, or 11
55	55	permitting purposes. 12
56	56	(9) Buffer. Land that is maintained in either a natural or landscaped state, and is used to 13
57	57	screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-way. 14
58	58	(10) Building. Any structure used or intended for supporting or sheltering any use or 15
59	59	occupancy. 16
60	60	(11) Building envelope. The three-dimensional space within which a structure is permitted 17
61	61	to be built on a lot and that is defined by regulations governing building setbacks, maximum height, 18
62	62	and bulk; by other regulations; or by any combination thereof. 19
63	63	(12) Building height. For a vacant parcel of land, building height shall be measured from 20
64	64	the average, existing-grade elevation where the foundation of the structure is proposed. For an 21
65	65	existing structure, building height shall be measured from average grade taken from the outermost 22
66	66	four (4) corners of the existing foundation. In all cases, building height shall be measured to the top 23
67	67	of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, 24
68	68	chimneys, flag poles, and the like. For any property or structure located in a special flood hazard 25
69	69	area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the 26
70	70	Rhode Island coastal resources management council (CRMC) suggested design elevation three foot 27
71	71	(3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-year (100) 28
72	72	storm, the greater of the following amounts, expressed in feet, shall be excluded from the building 29
73	73	height calculation: 30
74	74	(i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or 31
75	75	proposed freeboard, less the average existing grade elevation; or 32
76	76	(ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a 33
77	77	one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate 34
78	78
79	79
80	80	LC001924 - Page 3 of 10
81	81	the appropriate suggested design elevation map for the exclusion every ten (10) years, or as 1
82	82	otherwise necessary. 2
83	83	(13) Cluster. A site-planning technique that concentrates buildings in specific areas on the 3
84	84	site to allow the remaining land to be used for recreation, common open space, and/or preservation 4
85	85	of environmentally, historically, culturally, or other sensitive features and/or structures. The 5
86	86	techniques used to concentrate buildings shall be specified in the ordinance and may include, but 6
87	87	are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the 7
88	88	resultant open land being devoted by deed restrictions for one or more uses. Under cluster 8
89	89	development, there is no increase in the number of lots that would be permitted under conventional 9
90	90	development except where ordinance provisions include incentive bonuses for certain types or 10
91	91	conditions of development. 11
92	92	(14) Common ownership. Either: 12
93	93	(i) Ownership by one or more individuals or entities in any form of ownership of two (2) 13
94	94	or more contiguous lots; or 14
95	95	(ii) Ownership by any association (ownership may also include a municipality) of one or 15
96	96	more lots under specific development techniques. 16
97	97	(15) Community residence. A home or residential facility where children and/or adults 17
98	98	reside in a family setting and may or may not receive supervised care. This does not include halfway 18
99	99	houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the 19
100	100	following: 20
101	101	(i) Whenever six (6) or fewer children or adults with intellectual and/or developmental 21
102	102	disability reside in any type of residence in the community, as licensed by the state pursuant to 22
103	103	chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community 23
104	104	residences; 24
105	105	(ii) A group home providing care or supervision, or both, to not more than eight (8) persons 25
106	106	with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1; 26
107	107	(iii) A residence for children providing care or supervision, or both, to not more than eight 27
108	108	(8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of 28
109	109	title 42; 29
110	110	(iv) A community transitional residence providing care or assistance, or both, to no more 30
111	111	than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) 31
112	112	persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, 32
113	113	abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor 33
114	114	more than two (2) years. Residents will have access to, and use of, all common areas, including 34
115	115
116	116
117	117	LC001924 - Page 4 of 10
118	118	eating areas and living rooms, and will receive appropriate social services for the purpose of 1
119	119	fostering independence, self-sufficiency, and eventual transition to a permanent living situation. 2
120	120	(16) Comprehensive plan. The comprehensive plan adopted and approved pursuant to 3
121	121	chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in 4
122	122	compliance. 5
123	123	(17) Day care — Daycare center. Any other daycare center that is not a family daycare 6
124	124	home. 7
125	125	(18) Day care — Family daycare home. Any home, other than the individual’s home, in 8
126	126	which day care in lieu of parental care or supervision is offered at the same time to six (6) or less 9
127	127	individuals who are not relatives of the caregiver, but may not contain more than a total of eight 10
128	128	(8) individuals receiving day care. 11
129	129	(19) Density, residential. The number of dwelling units per unit of land. 12
130	130	(20) Development. The construction, reconstruction, conversion, structural alteration, 13
131	131	relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; 14
132	132	or any change in use, or alteration or extension of the use, of land. 15
133	133	(21) Development plan review. The process whereby authorized, local officials review the 16
134	134	site plans, maps, and other documentation of a development to determine the compliance with the 17
135	135	stated purposes and standards of the ordinance. 18
136	136	(22) District. See “zoning-use district.” 19
137	137	(23) Drainage system. A system for the removal of water from land by drains, grading, or 20
138	138	other appropriate means. These techniques may include runoff controls to minimize erosion and 21
139	139	sedimentation during and after construction or development; the means for preserving surface and 22
140	140	groundwaters; and the prevention and/or alleviation of flooding. 23
141	141	(24) Dwelling unit. A structure, or portion of a structure, providing complete, independent 24
142	142	living facilities for one or more persons, including permanent provisions for living, sleeping, eating, 25
143	143	cooking, and sanitation, and containing a separate means of ingress and egress. 26
144	144	(25) Extractive industry. The extraction of minerals, including: solids, such as coal and 27
145	145	ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes 28
146	146	quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other 29
147	147	preparation customarily done at the extraction site or as a part of the extractive activity. 30
148	148	(26) Family member. A person, or persons, related by blood, marriage, or other legal 31
149	149	means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, 32
150	150	grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household. 33
151	151	(27) Floating zone. An unmapped zoning district adopted within the ordinance that is 34
152	152
153	153
154	154	LC001924 - Page 5 of 10
155	155	established on the zoning map only when an application for development, meeting the zone 1
156	156	requirements, is approved. 2
157	157	(28) Floodplains, or Flood hazard area. As defined in § 45-22.2-4. 3
158	158	(29) Freeboard. A factor of safety expressed in feet above the base flood elevation of a 4
159	159	flood hazard area for purposes of floodplain management. Freeboard compensates for the many 5
160	160	unknown factors that could contribute to flood heights, such as wave action, bridge openings, and 6
161	161	the hydrological effect of urbanization of the watershed. 7
162	162	(30) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3. 8
163	163	(31) Halfway house. A residential facility for adults or children who have been 9
164	164	institutionalized for criminal conduct and who require a group setting to facilitate the transition to 10
165	165	a functional member of society. 11
166	166	(32) Hardship. See § 45-24-41. 12
167	167	(33) Historic district or historic site. As defined in § 45-22.2-4. 13
168	168	(34) Home occupation. Any activity customarily carried out for gain by a resident, 14
169	169	conducted as an accessory use in the resident’s dwelling unit. 15
170	170	(35) Household. One or more persons living together in a single-dwelling unit, with 16
171	171	common access to, and common use of, all living and eating areas and all areas and facilities for 17
172	172	the preparation and storage of food within the dwelling unit. The term “household unit” is 18
173	173	synonymous with the term “dwelling unit” for determining the number of units allowed within any 19
174	174	structure on any lot in a zoning district. An individual household shall consist of any one of the 20
175	175	following: 21
176	176	(i) A family, which may also include servants and employees living with the family; or 22
177	177	(ii) A person or group of unrelated persons living together. The maximum number may be 23
178	178	set by local ordinance, but this maximum shall not be less than three (3) if a family, which may 24
179	179	include servants and employees living with the family, were living there as in subsection 35(i) of 25
180	180	this section. 26
181	181	(36) Incentive zoning. The process whereby the local authority may grant additional 27
182	182	development capacity in exchange for the developer’s provision of a public benefit or amenity as 28
183	183	specified in local ordinances. 29
184	184	(37) Infrastructure. Facilities and services needed to sustain residential, commercial, 30
185	185	industrial, institutional, and other activities. 31
186	186	(38) Land-development project. A project in which one or more lots, tracts, or parcels of 32
187	187	land are developed or redeveloped as a coordinated site for one or more uses, units, or structures, 33
188	188	including, but not limited to, planned development or cluster development for residential, 34
189	189
190	190
191	191	LC001924 - Page 6 of 10
192	192	commercial, institutional, recreational, open space, or mixed uses as provided in the zoning 1
193	193	ordinance. 2
194	194	(39) Lot. Either: 3
195	195	(i) The basic development unit for determination of lot area, depth, and other dimensional 4
196	196	regulations; or 5
197	197	(ii) A parcel of land whose boundaries have been established by some legal instrument, 6
198	198	such as a recorded deed or recorded map, and that is recognized as a separate legal entity for 7
199	199	purposes of transfer of title. 8
200	200	(40) Lot area. The total area within the boundaries of a lot, excluding any street right-of-9
201	201	way, usually reported in acres or square feet. 10
202	202	(41) Lot area, minimum. The smallest land area established by the local zoning ordinance 11
203	203	upon which a use, building, or structure may be located in a particular zoning district. 12
204	204	(42) Lot building coverage. That portion of the lot that is, or may be, covered by buildings 13
205	205	and accessory buildings. 14
206	206	(43) Lot depth. The distance measured from the front lot line to the rear lot line. For lots 15
207	207	where the front and rear lot lines are not parallel, the lot depth is an average of the depth. 16
208	208	(44) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall specify 17
209	209	how noncontiguous frontage will be considered with regard to minimum frontage requirements. 18
210	210	(45) Lot line. A line of record, bounding a lot, that divides one lot from another lot or from 19
211	211	a public or private street or any other public or private space and shall include: 20
212	212	(i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall 21
213	213	specify the method to be used to determine the front lot line on lots fronting on more than one 22
214	214	street, for example, corner and through lots; 23
215	215	(ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of 24
216	216	triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10′) in length 25
217	217	entirely within the lot, parallel to and at a maximum distance from, the front lot line; and 26
218	218	(iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may 27
219	219	be a street lot line, depending on requirements of the local zoning ordinance. 28
220	220	(46) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined 29
221	221	herein. 30
222	222	(47) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon two 31
223	223	(2) streets that do not intersect at the boundaries of the lot. 32
224	224	(48) Lot width. The horizontal distance between the side lines of a lot measured at right 33
225	225	angles to its depth along a straight line parallel to the front lot line at the minimum front setback 34
226	226
227	227
228	228	LC001924 - Page 7 of 10
229	229	line. 1
230	230	(49) Mere inconvenience. See § 45-24-41. 2
231	231	(50) Mixed use. A mixture of land uses within a single development, building, or tract. 3
232	232	(51) Modification. Permission granted and administered by the zoning enforcement officer 4
233	233	of the city or town, and pursuant to the provisions of this chapter to grant a dimensional variance 5
234	234	other than lot area requirements from the zoning ordinance to a limited degree as determined by 6
235	235	the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) of each of 7
236	236	the applicable dimensional requirements. 8
237	237	(52) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully 9
238	238	existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with 10
239	239	the provisions of that ordinance or amendment. Nonconformance is of only two (2) types: 11
240	240	(i) Nonconforming by use: a lawfully established use of land, building, or structure that is 12
241	241	not a permitted use in that zoning district. A building or structure containing more dwelling units 13
242	242	than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or 14
243	243	(ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance 15
244	244	with the dimensional regulations of the zoning ordinance. Dimensional regulations include all 16
245	245	regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building 17
246	246	or structure containing more dwelling units than are permitted by the use regulations of a zoning 18
247	247	ordinance is nonconforming by use; a building or structure containing a permitted number of 19
248	248	dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per 20
249	249	dwelling unit regulations, is nonconforming by dimension. 21
250	250	(53) Overlay district. A district established in a zoning ordinance that is superimposed on 22
251	251	one or more districts or parts of districts. The standards and requirements associated with an overlay 23
252	252	district may be more or less restrictive than those in the underlying districts consistent with other 24
253	253	applicable state and federal laws. 25
254	254	(54) Performance standards. A set of criteria or limits relating to elements that a particular 26
255	255	use or process must either meet or may not exceed. 27
256	256	(55) Permitted use. A use by right that is specifically authorized in a particular zoning 28
257	257	district. 29
258	258	(56) Planned development. A “land-development project,” as defined in subsection (38), 30
259	259	and developed according to plan as a single entity and containing one or more structures or uses 31
260	260	with appurtenant common areas. 32
261	261	(57) Plant agriculture. The growing of plants for food or fiber, to sell or consume. 33
262	262	(58) Preapplication conference. A review meeting of a proposed development held 34
263	263
264	264
265	265	LC001924 - Page 8 of 10
266	266	between applicants and reviewing agencies as permitted by law and municipal ordinance, before 1
267	267	formal submission of an application for a permit or for development approval. 2
268	268	(59) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance of 3
269	269	the required setback for the zoning district in which the lot is located that establishes the area within 4
270	270	which the principal structure must be erected or placed. 5
271	271	(60) Site plan. The development plan for one or more lots on which is shown the existing 6
272	272	and/or the proposed conditions of the lot. 7
273	273	(61) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface 8
274	274	of the ground. 9
275	275	(62) Special use. A regulated use that is permitted pursuant to the special-use permit issued 10
276	276	by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a special 11
277	277	exception. 12
278	278	(63) Structure. A combination of materials to form a construction for use, occupancy, or 13
279	279	ornamentation, whether installed on, above, or below the surface of land or water. 14
280	280	(64) Substandard lot of record. Any lot lawfully existing at the time of adoption or 15
281	281	amendment of a zoning ordinance and not in conformance with the dimensional or area provisions 16
282	282	of that ordinance. 17
283	283	(65) Use. The purpose or activity for which land or buildings are designed, arranged, or 18
284	284	intended, or for which land or buildings are occupied or maintained. 19
285	285	(66) Variance. Permission to depart from the literal requirements of a zoning ordinance. 20
286	286	An authorization for the construction or maintenance of a building or structure, or for the 21
287	287	establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There are 22
288	288	only two (2) categories of variance, a use variance or a dimensional variance. 23
289	289	(i) Use variance. Permission to depart from the use requirements of a zoning ordinance 24
290	290	where the applicant for the requested variance has shown by evidence upon the record that the 25
291	291	subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the 26
292	292	zoning ordinance. 27
293	293	(ii) Dimensional variance. Permission to depart from the dimensional requirements of a 28
294	294	zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the 29
295	295	record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use 30
296	296	of the subject property unless granted the requested relief from the dimensional regulations. 31
297	297	However, the fact that a use may be more profitable or that a structure may be more valuable after 32
298	298	the relief is granted are not grounds for relief. 33
299	299	(67) Waters. As defined in § 46-12-1(23). 34
300	300
301	301
302	302	LC001924 - Page 9 of 10
303	303	(68) Wetland, coastal. As defined in § 45-22.2-4. 1
304	304	(69) Wetland, freshwater. As defined in § 2-1-20. 2
305	305	(70) Zoning certificate. A document signed by the zoning-enforcement officer, as required 3
306	306	in the zoning ordinance, that acknowledges that a use, structure, building, or lot either complies 4
307	307	with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or is an 5
308	308	authorized variance or modification therefrom. 6
309	309	(71) Zoning map. The map, or maps, that are a part of the zoning ordinance and that 7
310	310	delineate the boundaries of all mapped zoning districts within the physical boundary of the city or 8
311	311	town. 9
312	312	(72) Zoning ordinance. An ordinance enacted by the legislative body of the city or town 10
313	313	pursuant to this chapter and in the manner providing for the adoption of ordinances in the city or 11
314	314	town’s legislative or home rule charter, if any, that establish regulations and standards relating to 12
315	315	the nature and extent of uses of land and structures; that is consistent with the comprehensive plan 13
316	316	of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that 14
317	317	complies with the provisions of this chapter. 15
318	318	(73) Zoning-use district. The basic unit in zoning, either mapped or unmapped, to which 16
319	319	a uniform set of regulations applies, or a uniform set of regulations for a specified use. Zoning-use 17
320	320	districts include, but are not limited to: agricultural, commercial, industrial, institutional, open 18
321	321	space, and residential. Each district may include sub-districts. Districts may be combined. 19
322	322	SECTION 2. This act shall take effect upon passage. 20
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327	327
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329	329	EXPLANATION
330	330	BY THE LEGISLATIVE COUNCIL
331	331	OF
332	332	A N A C T
333	333	RELATING TO TOWNS AN D CITIES -- ZONING ORDINANCES
334	334	***
335	335	This act would provide that the maximum number of unrelated persons living together that 1
336	336	could be designated by a local zoning ordinance as constituting an individual household could not 2
337	337	be less than what it would be for a family. 3
338	338	This act would take effect upon passage. 4
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340	340	LC001924
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