2023 -- H 6059
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LC002094
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
____________
A N A C T
RELATING TO TOWNS AN D CITIES -- ZONING ORDINANCES
Introduced By: Representatives Craven, Shekarchi, McGaw, Shanley, Dawson, and
O'Brien
Date Introduced: March 03, 2023
Referred To: House Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Sections 45-24-31, 45-24-38, 45-24-41, 45-24-42 and 45-24-46 of the 1
General Laws in Chapter 45-24 entitled "Zoning Ordinances" are hereby amended to read as 2
follows: 3
45-24-31. Definitions. Definitions – Effective January 1, 2024. 4
Where words or terms used in this chapter are defined in § 45-22.2-4 or 45-23-32, they 5
have the meanings stated in that section. In addition, the following words have the following 6
meanings. Additional words and phrases may be used in developing local ordinances under this 7
chapter; however, the words and phrases defined in this section are controlling in all local 8
ordinances created under this chapter: 9
(1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with 10
no intervening land. 11
(2) Accessory dwelling unit (ADU). A residential living unit on the same parcel where the 12
primary use is a legally established single-unit or multi-unit dwelling. An ADU provides complete 13
independent living facilities for one or more persons. It may take various forms including, but not 14
limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; 15
or a unit that is part of an expanded or remodeled primary dwelling. 16
(3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental 17
and subordinate to the principal use of the land or building. An accessory use may be restricted to 18
the same lot as the principal use. An accessory use shall not be permitted without the principal use 19
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to which it is related. 1
(4) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be: 2
(i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her, 3
or its property will be injured by a decision of any officer or agency responsible for administering 4
the zoning ordinance of a city or town; or 5
(ii) Anyone requiring notice pursuant to this chapter. 6
(5) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4. 7
(6) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2. 8
(7) Applicant. An owner, or authorized agent of the owner, submitting an application or 9
appealing an action of any official, board, or agency. 10
(8) Application. The completed form, or forms, and all accompanying documents, exhibits, 11
and fees required of an applicant by an approving authority for development review, approval, or 12
permitting purposes. 13
(9) Buffer. Land that is maintained in either a natural or landscaped state, and is used to 14
screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-way. 15
(10) Building. Any structure used or intended for supporting or sheltering any use or 16
occupancy. 17
(11) Building envelope. The three-dimensional space within which a structure is permitted 18
to be built on a lot and that is defined by regulations governing building setbacks, maximum height, 19
and bulk; by other regulations; or by any combination thereof. 20
(12) Building height. For a vacant parcel of land, building height shall be measured from 21
the average, existing-grade elevation where the foundation of the structure is proposed. For an 22
existing structure, building height shall be measured from average grade taken from the outermost 23
four (4) corners of the existing foundation. In all cases, building height shall be measured to the top 24
of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, 25
chimneys, flag poles, and the like. For any property or structure located in a special flood hazard 26
area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the 27
Rhode Island coastal resources management council (CRMC) suggested design elevation three foot 28
(3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-year (100) 29
storm, the greater of the following amounts, expressed in feet, shall be excluded from the building 30
height calculation: 31
(i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or 32
proposed freeboard, less the average existing grade elevation; or 33
(ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a 34
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one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate 1
the appropriate suggested design elevation map for the exclusion every ten (10) years, or as 2
otherwise necessary. 3
(13) Cluster. A site-planning technique that concentrates buildings in specific areas on the 4
site to allow the remaining land to be used for recreation, common open space, and/or preservation 5
of environmentally, historically, culturally, or other sensitive features and/or structures. The 6
techniques used to concentrate buildings shall be specified in the ordinance and may include, but 7
are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the 8
resultant open land being devoted by deed restrictions for one or more uses. Under cluster 9
development, there is no increase in the number of lots that would be permitted under conventional 10
development except where ordinance provisions include incentive bonuses for certain types or 11
conditions of development. 12
(14) Common ownership. Either: 13
(i) Ownership by one or more individuals or entities in any form of ownership of two (2) 14
or more contiguous lots; or 15
(ii) Ownership by any association (ownership may also include a municipality) of one or 16
more lots under specific development techniques. 17
(15) Community residence. A home or residential facility where children and/or adults 18
reside in a family setting and may or may not receive supervised care. This does not include halfway 19
houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the 20
following: 21
(i) Whenever six (6) or fewer children or adults with intellectual and/or developmental 22
disability reside in any type of residence in the community, as licensed by the state pursuant to 23
chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community 24
residences; 25
(ii) A group home providing care or supervision, or both, to not more than eight (8) persons 26
with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1; 27
(iii) A residence for children providing care or supervision, or both, to not more than eight 28
(8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of 29
title 42; 30
(iv) A community transitional residence providing care or assistance, or both, to no more 31
than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) 32
persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, 33
abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor 34
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more than two (2) years. Residents will have access to, and use of, all common areas, including 1
eating areas and living rooms, and will receive appropriate social services for the purpose of 2
fostering independence, self-sufficiency, and eventual transition to a permanent living situation. 3
(16) Comprehensive plan. The comprehensive plan adopted and approved pursuant to 4
chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in 5
compliance. 6
(17) Day care — Daycare center. Any other daycare center that is not a family daycare 7
home. 8
(18) Day care — Family daycare home. Any home, other than the individual’s home, in 9
which day care in lieu of parental care or supervision is offered at the same time to six (6) or less 10
individuals who are not relatives of the caregiver, but may not contain more than a total of eight 11
(8) individuals receiving day care. 12
(19) Density, residential. The number of dwelling units per unit of land. 13
(20) Development. The construction, reconstruction, conversion, structural alteration, 14
relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; 15
or any change in use, or alteration or extension of the use, of land. 16
(21) Development plan review. The process whereby authorized, local officials review the 17
site plans, maps, and other documentation of a development to determine the compliance with the 18
stated purposes and standards of the ordinance. 19
(22) District. See “zoning-use district.” 20
(23) Drainage system. A system for the removal of water from land by drains, grading, or 21
other appropriate means. These techniques may include runoff controls to minimize erosion and 22
sedimentation during and after construction or development; the means for preserving surface and 23
groundwaters; and the prevention and/or alleviation of flooding. 24
(24) Dwelling unit. A structure, or portion of a structure, providing complete, independent 25
living facilities for one or more persons, including permanent provisions for living, sleeping, eating, 26
cooking, and sanitation, and containing a separate means of ingress and egress. 27
(25) Extractive industry. The extraction of minerals, including: solids, such as coal and 28
ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes 29
quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other 30
preparation customarily done at the extraction site or as a part of the extractive activity. 31
(26) Family member. A person, or persons, related by blood, marriage, or other legal 32
means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, 33
grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household. 34
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(27) Floating zone. An unmapped zoning district adopted within the ordinance that is 1
established on the zoning map only when an application for development, meeting the zone 2
requirements, is approved. 3
(28) Floodplains, or Flood hazard area. As defined in § 45-22.2-4. 4
(29) Freeboard. A factor of safety expressed in feet above the base flood elevation of a 5
flood hazard area for purposes of floodplain management. Freeboard compensates for the many 6
unknown factors that could contribute to flood heights, such as wave action, bridge openings, and 7
the hydrological effect of urbanization of the watershed. 8
(30) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3. 9
(31) Halfway house. A residential facility for adults or children who have been 10
institutionalized for criminal conduct and who require a group setting to facilitate the transition to 11
a functional member of society. 12
(32) Hardship. See § 45-24-41. 13
(33) Historic district or historic site. As defined in § 45-22.2-4. 14
(34) Home occupation. Any activity customarily carried out for gain by a resident, 15
conducted as an accessory use in the resident’s dwelling unit. 16
(35) Household. One or more persons living together in a single-dwelling unit, with 17
common access to, and common use of, all living and eating areas and all areas and facilities for 18
the preparation and storage of food within the dwelling unit. The term “household unit” is 19
synonymous with the term “dwelling unit” for determining the number of units allowed within any 20
structure on any lot in a zoning district. An individual household shall consist of any one of the 21
following: 22
(i) A family, which may also include servants and employees living with the family; or 23
(ii) A person or group of unrelated persons living together. The maximum number may be 24
set by local ordinance, but this maximum shall not be less than three (3). 25
(36) Incentive zoning. The process whereby the local authority may grant additional 26
development capacity in exchange for the developer’s provision of a public benefit or amenity as 27
specified in local ordinances. 28
(37) Infrastructure. Facilities and services needed to sustain residential, commercial, 29
industrial, institutional, and other activities. 30
(38) Land-development project. A project in which one or more lots, tracts, or parcels of 31
land are developed or redeveloped as a coordinated site for one or more uses, units, or structures, 32
including, but not limited to, planned development or cluster development for residential, 33
commercial, institutional, recreational, open space, or mixed uses as provided in the zoning 34
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ordinance. 1
(39) Lot. Either: 2
(i) The basic development unit for determination of lot area, depth, and other dimensional 3
regulations; or 4
(ii) A parcel of land whose boundaries have been established by some legal instrument, 5
such as a recorded deed or recorded map, and that is recognized as a separate legal entity for 6
purposes of transfer of title. 7
(40) Lot area. The total area within the boundaries of a lot, excluding any street right-of-8
way, usually reported in acres or square feet. 9
(41) Lot area, minimum. The smallest land area established by the local zoning ordinance 10
upon which a use, building, or structure may be located in a particular zoning district. 11
(42) Lot building coverage. That portion of the lot that is, or may be, covered by buildings 12
and accessory buildings. 13
(43) Lot depth. The distance measured from the front lot line to the rear lot line. For lots 14
where the front and rear lot lines are not parallel, the lot depth is an average of the depth. 15
(44) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall specify 16
how noncontiguous frontage will be considered with regard to minimum frontage requirements. 17
(45) Lot line. A line of record, bounding a lot, that divides one lot from another lot or from 18
a public or private street or any other public or private space and shall include: 19
(i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall 20
specify the method to be used to determine the front lot line on lots fronting on more than one 21
street, for example, corner and through lots; 22
(ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of 23
triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10′) in length 24
entirely within the lot, parallel to and at a maximum distance from, the front lot line; and 25
(iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may 26
be a street lot line, depending on requirements of the local zoning ordinance. 27
(46) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined 28
herein. 29
(47) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon two 30
(2) streets that do not intersect at the boundaries of the lot. 31
(48) Lot width. The horizontal distance between the side lines of a lot measured at right 32
angles to its depth along a straight line parallel to the front lot line at the minimum front setback 33
line. 34
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(49) Mere inconvenience. See § 45-24-41. 1
(50) Mixed use. A mixture of land uses within a single development, building, or tract. 2
(51) Modification. Permission granted and administered by the zoning enforcement officer 3
of the city or town, and pursuant to the provisions of this chapter to grant a dimensional variance 4
other than lot area requirements from the zoning ordinance to a limited degree as determined by 5
the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) of each of 6
the applicable dimensional requirements. 7
(52) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully 8
existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with 9
the provisions of that ordinance or amendment. Nonconformance is of only two (2) types: 10
(i) Nonconforming by use: a lawfully established use of land, building, or structure that is 11
not a permitted use in that zoning district. A building or structure containing more dwelling units 12
than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or 13
(ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance 14
with the dimensional regulations of the zoning ordinance. Dimensional regulations include all 15
regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building 16
or structure containing more dwelling units than are permitted by the use regulations of a zoning 17
ordinance is nonconforming by use; a building or structure containing a permitted number of 18
dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per 19
dwelling unit regulations, is nonconforming by dimension. 20
(53) Overlay district. A district established in a zoning ordinance that is superimposed on 21
one or more districts or parts of districts. The standards and requirements associated with an overlay 22
district may be more or less restrictive than those in the underlying districts consistent with other 23
applicable state and federal laws. 24
(54) Performance standards. A set of criteria or limits relating to elements that a particular 25
use or process must either meet or may not exceed. 26
(55) Permitted use. A use by right that is specifically authorized in a particular zoning 27
district. 28
(56) Planned development. A “land-development project,” as defined in subsection (38), 29
and developed according to plan as a single entity and containing one or more structures or uses 30
with appurtenant common areas. 31
(57) Plant agriculture. The growing of plants for food or fiber, to sell or consume. 32
(58) Preapplication conference. A review meeting of a proposed development held 33
between applicants and reviewing agencies as permitted by law and municipal ordinance, before 34
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formal submission of an application for a permit or for development approval. 1
(59) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance of 2
the required setback for the zoning district in which the lot is located that establishes the area within 3
which the principal structure must be erected or placed. 4
(60) Site plan. The development plan for one or more lots on which is shown the existing 5
and/or the proposed conditions of the lot. 6
(61) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface 7
of the ground. 8
(62) Special use. A regulated use that is permitted pursuant to the special-use permit issued 9
by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a special 10
exception. 11
(63) Structure. A combination of materials to form a construction for use, occupancy, or 12
ornamentation, whether installed on, above, or below the surface of land or water. 13
(64) Substandard lot of record. Any lot lawfully existing at the time of adoption or 14
amendment of a zoning ordinance and not in conformance with the dimensional or area provisions 15
of that ordinance. 16
(65) Use. The purpose or activity for which land or buildings are designed, arranged, or 17
intended, or for which land or buildings are occupied or maintained. 18
(66) Variance. Permission to depart from the literal requirements of a zoning ordinance. 19
An authorization for the construction or maintenance of a building or structure, or for the 20
establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There are 21
only two (2) categories of variance, a use variance or a dimensional variance. 22
(i) Use variance. Permission to depart from the use requirements of a zoning ordinance 23
where the applicant for the requested variance has shown by evidence upon the record that the 24
subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the 25
zoning ordinance. 26
(ii) Dimensional variance. Permission to depart from the dimensional requirements of a 27
zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the 28
record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use 29
of the subject property unless granted the requested relief from the dimensional regulations. 30
However, the fact that a use may be more profitable or that a structure may be more valuable after 31
the relief is granted are not grounds for relief where the applicant has made a showing as set forth 32
in § 45-24-41. 33
(67) Waters. As defined in § 46-12-1(23). 34
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(68) Wetland, coastal. As defined in § 45-22.2-4. 1
(69) Wetland, freshwater. As defined in § 2-1-20. 2
(70) Zoning certificate. A document signed by the zoning-enforcement officer, as required 3
in the zoning ordinance, that acknowledges that a use, structure, building, or lot either complies 4
with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or is an 5
authorized variance or modification therefrom. 6
(71) Zoning map. The map, or maps, that are a part of the zoning ordinance and that 7
delineate the boundaries of all mapped zoning districts within the physical boundary of the city or 8
town. 9
(72) Zoning ordinance. An ordinance enacted by the legislative body of the city or town 10
pursuant to this chapter and in the manner providing for the adoption of ordinances in the city or 11
town’s legislative or home rule charter, if any, that establish regulations and standards relating to 12
the nature and extent of uses of land and structures; that is consistent with the comprehensive plan 13
of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that 14
complies with the provisions of this chapter. 15
(73) Zoning-use district. The basic unit in zoning, either mapped or unmapped, to which 16
a uniform set of regulations applies, or a uniform set of regulations for a specified use. Zoning-use 17
districts include, but are not limited to: agricultural, commercial, industrial, institutional, open 18
space, and residential. Each district may include sub-districts. Districts may be combined. 19
45-24-38. General provisions — Substandard lots of record General provisions -- 20
Substandard lots of record -- Effective January 1, 2024. 21
(a) Any city or town adopting or amending a zoning ordinance under this chapter shall 22
regulate the use or uses development of any single substandard lot of record or contiguous lots of 23
record at the effective date of adoption or amendment of the zoning ordinance. 24
(b) Notwithstanding notwithstanding the failure of that lot or those lots to meet the 25
dimensional and/or quantitative requirements, and/or road frontage or other access requirements, 26
applicable in the district as stated in the ordinance, a substandard lot of record shall not be required 27
to seek any zoning relief based solely on the failure to meet minimum lot size requirements of the 28
district in which such lot is located. As to other dimensional requirements for lots not meeting 29
minimum lot size requirements, such shall be reduced by the same ratio as the substandard lot area 30
is to the required lot size of the zoning district. All proposals exceeding such reduced ratio shall 31
proceed with a modification request under § 45-24-46 or a dimensional variance request under § 32
45-24-41, whichever is applicable. 33
(c) Provisions may be made for the merger of contiguous unimproved, or improved and 34
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unimproved, substandard lots of record in the same ownership to create dimensionally conforming 1
lots or to reduce the extent of dimensional nonconformance. The ordinance shall specify the 2
standards, on a district by district basis, which determine the mergers. The standards include, but 3
are not to be limited to, the availability of infrastructure, the character of the neighborhood, and the 4
consistency with the comprehensive plan. The merger of lots shall not be permitted when more 5
than fifty percent (50%) of the lots within two hundred feet (200') of the property line are similarly 6
sized to the substandard lot of record. 7
45-24-41. General provisions — Variances. General provisions -Variances – Effective 8
January 1, 2024. 9
(a) An application for relief from the literal requirements of a zoning ordinance because of 10
hardship may be made by any person, group, agency, or corporation by filing with the zoning 11
enforcement officer or agency an application describing the request and supported by any data and 12
evidence as may be required by the zoning board of review or by the terms of the ordinance. The 13
zoning enforcement officer or agency shall immediately transmit each application received to the 14
zoning board of review and a copy of each application to the planning board or commission. 15
(b) A zoning ordinance provides that the zoning board of review, immediately upon receipt 16
of an application for a variance in the application of the literal terms of the zoning ordinance, may 17
request that the planning board or commission and/or staff report its findings and recommendations, 18
including a statement on the general consistency of the application with the goals and purposes of 19
the comprehensive plan of the city or town, in writing, to the zoning board of review within thirty 20
(30) days of receipt of the application from that board. The zoning board shall hold a public hearing 21
on any application for variance in an expeditious manner, after receipt, in proper form, of an 22
application, and shall give public notice at least fourteen (14) days prior to the date of the hearing 23
in a newspaper of general circulation in the city or town. Notice of hearing shall be sent by first-24
class mail to the applicant, and to at least all those who would require notice under § 45-24-53. The 25
notice shall also include the street address of the subject property. A zoning ordinance may require 26
that a supplemental notice, that an application for a variance is under consideration, be posted at 27
the location in question. The posting is for information purposes only and does not constitute 28
required notice of a public hearing. The cost of notification shall be borne by the applicant. 29
(c) A zoning ordinance may provide for unified development review, pursuant to § 45-24-30
46.4. Requests for dimensional and use variances submitted under a unified development review 31
provision of a zoning ordinance shall be submitted as part of the subdivision or land-development 32
application to the administrative officer of the planning board or commission, pursuant to § 45-24-33
46.4(a). All subdivision or land-development applications submitted under the unified development 34
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review provisions of a zoning ordinance shall have a public hearing, which shall meet the 1
requirements of § 45-23-50.1(c). 2
(d) In granting a variance, the zoning board of review, or, where unified development 3
review is enabled pursuant to § 45-24-46.4, the planning board or commission, shall require that 4
evidence to the satisfaction of the following standards is entered into the record of the proceedings: 5
(1) That the hardship from which the applicant seeks relief is due to the unique 6
characteristics of the subject land or structure and not to the general characteristics of the 7
surrounding area; and is not due to a physical or economic disability of the applicant, excepting 8
those physical disabilities addressed in § 45-24-30(a)(16); 9
(2) That the hardship is not the result of any prior action of the applicant and does not result 10
primarily from the desire of the applicant to realize greater financial gain; and 11
(3) That the granting of the requested variance will not alter the general character of the 12
surrounding area or impair the intent or purpose of the zoning ordinance or the comprehensive plan 13
upon which the ordinance is based; and 14
(4) That the relief to be granted is the least relief necessary. 15
(e) The zoning board of review, or, where unified development review is enabled pursuant 16
to § 45-24-46.4, the planning board or commission, shall, in addition to the above standards, require 17
that evidence is entered into the record of the proceedings showing that: 18
(1) In granting a use variance, the subject land or structure cannot yield any beneficial use 19
if it is required to conform to the provisions of the zoning ordinance. Nonconforming use of 20
neighboring land or structures in the same district and permitted use of lands or structures in an 21
adjacent district shall not be considered in granting a use variance; and 22
(2) In granting a dimensional variance, that the hardship suffered by the owner of the 23
subject property if the dimensional variance is not granted amounts to more than a mere 24
inconvenience. The fact that a use may be more profitable or that a structure may be more valuable 25
after the relief is granted is not grounds for relief. The zoning board of review, or, where unified 26
development review is enabled pursuant to § 45-24-46.4, the planning board or commission has the 27
power to grant dimensional variances where the use is permitted by special-use permit if provided 28
for in the special use permit sections of the zoning ordinance. 29
45-24-42. General provisions — Special-use permits General provisions -- Special-use 30
permits -- Effective January 1, 2024. 31
(a) A zoning ordinance shall provide for the issuance of special-use permits approved by 32
the zoning board of review, or, where unified development review is enabled pursuant to § 45-24-33
46.4, the planning board or commission. 34
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(b) The ordinance shall: 1
(1) Specify the uses requiring special-use permits in each district. The ordinance may shall 2
provide for a procedure under which a proposed land use that is not specifically listed may be 3
presented by the property owner to the zoning board of review or to a local official or agency 4
charged with administration and enforcement of the ordinance for an evaluation and determination 5
of whether the proposed use is of a similar type, character, and intensity as a listed use requiring a 6
special-use permit. Upon such determination, the proposed use may be considered to be a use 7
requiring a special-use permit; 8
(2) Describe the conditions and procedures under which special-use permits, of each of the 9
various categories of special-use permits established in the zoning ordinance, may shall be issued; 10
(3) Establish specific and objective criteria for the issuance of each category of special-use 11
permit that which criteria shall be in conformance with the purposes and intent of the 12
comprehensive plan and the zoning ordinance of the city or town; however, in no case shall any 13
specific and objective criteria for a special use permit include a determination of consistency with 14
the comprehensive plan; 15
(4) Provide for public hearings and notification of the date, time, place, and purpose of 16
those hearings to interested parties. Special-use permit requests submitted under a zoning 17
ordinance’s unified development review provisions shall be heard and noticed in conjunction with 18
the subdivision or land-development application, according to the requirements of § 45-23-50.1. 19
Public notice for special-use permits that are not submitted under a zoning ordinance’s unified 20
development review provisions shall be given at least fourteen (14) days prior to the date of the 21
hearing in a newspaper of general circulation in the city or town. Notice of hearing shall be sent by 22
first-class mail to the applicant, and to all those who would require notice under § 45-24-53. The 23
notice shall also include the street address of the subject property. A zoning ordinance may require 24
that a supplemental notice, that an application for a special-use permit is under consideration, be 25
posted at the location in question. The posting is for information purposes only and does not 26
constitute required notice of a public hearing. The cost of notification shall be borne by the 27
applicant; 28
(5) Provide for the recording of findings of fact and written decisions; and 29
(6) Provide that appeals may be taken pursuant to § 45-24-70 or § 45-23-66, dependent on 30
the board to which application was made. 31
(c) If an ordinance does not expressly provide for specific and objective criteria for the 32
issuance of a category of special use permit such category shall be deemed to be permitted use. 33
(c)(d) The ordinance additionally may provide that an applicant may shall apply for, and 34
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be issued, a dimensional variance in conjunction with a special-use permit. If the special use could 1
not exist without the dimensional variance, the zoning board of review, or, where unified 2
development review is enabled pursuant to § 45-24-46.4(b), the planning board or commission shall 3
consider the special-use permit and the dimensional variance together to determine if granting the 4
special use is appropriate based on both the special use criteria and the dimensional variance 5
evidentiary standards. 6
45-24-46. Special provisions — Modification Special provisions -- Modification -- 7
Effective January 1 2024. 8
(a) A zoning ordinance may shall provide for the issuance of modifications or adjustments 9
from the literal dimensional requirements of the zoning ordinance in the instance of the 10
construction, alteration, or structural modification of a structure or lot of record. If the ordinance 11
allows modifications then the The zoning enforcement officer is authorized to grant modification 12
permits. The zoning ordinance establishes the maximum percent allowed for a modification, which 13
shall not exceed twenty-five percent (25%), but not less than fifteen percent (15%), of any of the 14
dimensional requirements specified in the zoning ordinance. A modification does not permit 15
moving of lot lines. The zoning ordinance shall specify which dimensional requirements or 16
combinations of these requirements are allowable under a modification. These requirements may 17
differ by use or zoning district. Within ten (10) days of the receipt of a request for a modification, 18
the zoning enforcement officer shall make a decision as to the suitability of the requested 19
modification based on the following determinations: 20
(1) The modification requested is reasonably necessary for the full enjoyment of the 21
permitted use; 22
(2) If the modification is granted, neighboring property will neither be substantially injured 23
nor its appropriate use substantially impaired; 24
(3) The modification requested is in harmony with the purposes and intent of the 25
comprehensive plan and zoning ordinance of the city or town does not require a variance of a flood 26
hazard requirement, unless the building is built in accordance with applicable regulations; and 27
(4) The modification requested does not require a variance of a flood hazard requirement 28
violate any rules or regulations with respect to freshwater wetlands. 29
(b) Upon an affirmative determination, the zoning enforcement officer shall notify, by 30
registered or certified mail, all property owners abutting the property which is the subject of the 31
modification request, and shall indicate the street address of the subject property in the notice, and 32
shall publish in a newspaper of general circulation within the city or town that the modification will 33
be granted unless written objection is received within thirty (30) fourteen (14) days of the public 34
LC002094 - Page 14 of 15
notice. If written objection is received within thirty (30) fourteen (14) days, the request for a 1
modification shall be denied. scheduled for the next available hearing before the zoning board of 2
review on application for a dimensional variance In that case the changes requested will be 3
considered a request for a variance and may only be issued by the zoning board of review following 4
the standard procedures for such variances, including notice requirements provided for under this 5
chapter. If no written objections are received within thirty (30) fourteen (14) days, the zoning 6
enforcement officer shall grant the modification. The zoning enforcement officer may apply any 7
special conditions to the permit as may, in the opinion of the officer, be required to conform to the 8
intent and purposes of the zoning ordinance. The zoning enforcement officer shall keep public 9
records of all requests for modifications, and of findings, determinations, special conditions, and 10
any objections received. Costs of any notice required under this subsection shall be borne by the 11
applicant requesting the modification. 12
SECTION 2. This act shall take effect on January 1, 2024. 13
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LC002094 - Page 15 of 15
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO TOWNS AN D CITIES -- ZONING ORDINANCES
***
This act would amend certain general laws relative to zoning ordinance and variances, 1
special use permits, modifications thereto and also amend provisions relative to substandard lots of 2
record and the merger of such lots. 3
This act would take effect on January 1, 2024. 4
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