Rhode Island 2023 Regular Session

Rhode Island House Bill H6059 Compare Versions

Version 1 (Old)

Version 2 (New)

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5		-	2023 -- H 6059 ~~SUBSTITUTE A~~
	5	+	2023 -- H 6059
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7		-	LC002094~~/SUB A~~
	7	+	LC002094
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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 Craven, Shekarchi, McGaw, Shanley, Dawson, and
17	17		O'Brien
18	18		Date Introduced: March 03, 2023
19	19		Referred To: House Judiciary
20	20
21	21
22	22		It is enacted by the General Assembly as follows:
23		-	SECTION 1. Sections 45-24-31, 45-24-38, 45-24-~~40, 45-24-~~41, 45-24-42 and 45-24-46 of 1
24		-	~~the~~ General Laws in Chapter 45-24 entitled "Zoning Ordinances" are hereby amended to read as 2
	23	+	SECTION 1. Sections 45-24-31, 45-24-38, 45-24-41, 45-24-42 and 45-24-46 of the 1
	24	+	General Laws in Chapter 45-24 entitled "Zoning Ordinances" are hereby amended to read as 2
25	25		follows: 3
26	26		45-24-31. Definitions. Definitions – Effective January 1, 2024. 4
27	27		Where words or terms used in this chapter are defined in § 45-22.2-4 or 45-23-32, they 5
28	28		have the meanings stated in that section. In addition, the following words have the following 6
29	29		meanings. Additional words and phrases may be used in developing local ordinances under this 7
30	30		chapter; however, the words and phrases defined in this section are controlling in all local 8
31	31		ordinances created under this chapter: 9
32	32		(1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with 10
33	33		no intervening land. 11
34	34		(2) Accessory dwelling unit (ADU). A residential living unit on the same parcel where the 12
35	35		primary use is a legally established single-unit or multi-unit dwelling. An ADU provides complete 13
36	36		independent living facilities for one or more persons. It may take various forms including, but not 14
37	37		limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; 15
38	38		or a unit that is part of an expanded or remodeled primary dwelling. 16
39	39		(3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental 17
40	40		and subordinate to the principal use of the land or building. An accessory use may be restricted to 18
41	41		the same lot as the principal use. An accessory use shall not be permitted without the principal use 19
42	42
43	43
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45	45		to which it is related. 1
46	46		(4) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be: 2
47	47		(i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her, 3
48	48		or its property will be injured by a decision of any officer or agency responsible for administering 4
49	49		the zoning ordinance of a city or town; or 5
50	50		(ii) Anyone requiring notice pursuant to this chapter. 6
51	51		(5) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4. 7
52	52		(6) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2. 8
53	53		(7) Applicant. An owner, or authorized agent of the owner, submitting an application or 9
54	54		appealing an action of any official, board, or agency. 10
55	55		(8) Application. The completed form, or forms, and all accompanying documents, exhibits, 11
56	56		and fees required of an applicant by an approving authority for development review, approval, or 12
57	57		permitting purposes. 13
58	58		(9) Buffer. Land that is maintained in either a natural or landscaped state, and is used to 14
59	59		screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-way. 15
60	60		(10) Building. Any structure used or intended for supporting or sheltering any use or 16
61	61		occupancy. 17
62	62		(11) Building envelope. The three-dimensional space within which a structure is permitted 18
63	63		to be built on a lot and that is defined by regulations governing building setbacks, maximum height, 19
64	64		and bulk; by other regulations; or by any combination thereof. 20
65	65		(12) Building height. For a vacant parcel of land, building height shall be measured from 21
66	66		the average, existing-grade elevation where the foundation of the structure is proposed. For an 22
67	67		existing structure, building height shall be measured from average grade taken from the outermost 23
68	68		four (4) corners of the existing foundation. In all cases, building height shall be measured to the top 24
69	69		of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, 25
70	70		chimneys, flag poles, and the like. For any property or structure located in a special flood hazard 26
71	71		area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the 27
72	72		Rhode Island coastal resources management council (CRMC) suggested design elevation three foot 28
73	73		(3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-year (100) 29
74	74		storm, the greater of the following amounts, expressed in feet, shall be excluded from the building 30
75	75		height calculation: 31
76	76		(i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or 32
77	77		proposed freeboard, less the average existing grade elevation; or 33
78	78		(ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a 34
79	79
80	80
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82	82		one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate 1
83	83		the appropriate suggested design elevation map for the exclusion every ten (10) years, or as 2
84	84		otherwise necessary. 3
85	85		(13) Cluster. A site-planning technique that concentrates buildings in specific areas on the 4
86	86		site to allow the remaining land to be used for recreation, common open space, and/or preservation 5
87	87		of environmentally, historically, culturally, or other sensitive features and/or structures. The 6
88	88		techniques used to concentrate buildings shall be specified in the ordinance and may include, but 7
89	89		are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the 8
90	90		resultant open land being devoted by deed restrictions for one or more uses. Under cluster 9
91	91		development, there is no increase in the number of lots that would be permitted under conventional 10
92	92		development except where ordinance provisions include incentive bonuses for certain types or 11
93	93		conditions of development. 12
94	94		(14) Common ownership. Either: 13
95	95		(i) Ownership by one or more individuals or entities in any form of ownership of two (2) 14
96	96		or more contiguous lots; or 15
97	97		(ii) Ownership by any association (ownership may also include a municipality) of one or 16
98	98		more lots under specific development techniques. 17
99	99		(15) Community residence. A home or residential facility where children and/or adults 18
100	100		reside in a family setting and may or may not receive supervised care. This does not include halfway 19
101	101		houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the 20
102	102		following: 21
103	103		(i) Whenever six (6) or fewer children or adults with intellectual and/or developmental 22
104	104		disability reside in any type of residence in the community, as licensed by the state pursuant to 23
105	105		chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community 24
106	106		residences; 25
107	107		(ii) A group home providing care or supervision, or both, to not more than eight (8) persons 26
108	108		with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1; 27
109	109		(iii) A residence for children providing care or supervision, or both, to not more than eight 28
110	110		(8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of 29
111	111		title 42; 30
112	112		(iv) A community transitional residence providing care or assistance, or both, to no more 31
113	113		than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) 32
114	114		persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, 33
115	115		abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor 34
116	116
117	117
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119	119		more than two (2) years. Residents will have access to, and use of, all common areas, including 1
120	120		eating areas and living rooms, and will receive appropriate social services for the purpose of 2
121	121		fostering independence, self-sufficiency, and eventual transition to a permanent living situation. 3
122	122		(16) Comprehensive plan. The comprehensive plan adopted and approved pursuant to 4
123	123		chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in 5
124	124		compliance. 6
125	125		(17) Day care — Daycare center. Any other daycare center that is not a family daycare 7
126	126		home. 8
127	127		(18) Day care — Family daycare home. Any home, other than the individual’s home, in 9
128	128		which day care in lieu of parental care or supervision is offered at the same time to six (6) or less 10
129	129		individuals who are not relatives of the caregiver, but may not contain more than a total of eight 11
130	130		(8) individuals receiving day care. 12
131	131		(19) Density, residential. The number of dwelling units per unit of land. 13
132	132		(20) Development. The construction, reconstruction, conversion, structural alteration, 14
133	133		relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; 15
134	134		or any change in use, or alteration or extension of the use, of land. 16
135	135		(21) Development plan review. The process whereby authorized, local officials review the 17
136	136		site plans, maps, and other documentation of a development to determine the compliance with the 18
137	137		stated purposes and standards of the ordinance. 19
138	138		(22) District. See “zoning-use district.” 20
139	139		(23) Drainage system. A system for the removal of water from land by drains, grading, or 21
140	140		other appropriate means. These techniques may include runoff controls to minimize erosion and 22
141	141		sedimentation during and after construction or development; the means for preserving surface and 23
142	142		groundwaters; and the prevention and/or alleviation of flooding. 24
143	143		(24) Dwelling unit. A structure, or portion of a structure, providing complete, independent 25
144	144		living facilities for one or more persons, including permanent provisions for living, sleeping, eating, 26
145	145		cooking, and sanitation, and containing a separate means of ingress and egress. 27
146	146		(25) Extractive industry. The extraction of minerals, including: solids, such as coal and 28
147	147		ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes 29
148	148		quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other 30
149	149		preparation customarily done at the extraction site or as a part of the extractive activity. 31
150	150		(26) Family member. A person, or persons, related by blood, marriage, or other legal 32
151	151		means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, 33
152	152		grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household. 34
153	153
154	154
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156	156		(27) Floating zone. An unmapped zoning district adopted within the ordinance that is 1
157	157		established on the zoning map only when an application for development, meeting the zone 2
158	158		requirements, is approved. 3
159	159		(28) Floodplains, or Flood hazard area. As defined in § 45-22.2-4. 4
160	160		(29) Freeboard. A factor of safety expressed in feet above the base flood elevation of a 5
161	161		flood hazard area for purposes of floodplain management. Freeboard compensates for the many 6
162	162		unknown factors that could contribute to flood heights, such as wave action, bridge openings, and 7
163	163		the hydrological effect of urbanization of the watershed. 8
164	164		(30) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3. 9
165	165		(31) Halfway house. A residential facility for adults or children who have been 10
166	166		institutionalized for criminal conduct and who require a group setting to facilitate the transition to 11
167	167		a functional member of society. 12
168	168		(32) Hardship. See § 45-24-41. 13
169	169		(33) Historic district or historic site. As defined in § 45-22.2-4. 14
170	170		(34) Home occupation. Any activity customarily carried out for gain by a resident, 15
171	171		conducted as an accessory use in the resident’s dwelling unit. 16
172	172		(35) Household. One or more persons living together in a single-dwelling unit, with 17
173	173		common access to, and common use of, all living and eating areas and all areas and facilities for 18
174	174		the preparation and storage of food within the dwelling unit. The term “household unit” is 19
175	175		synonymous with the term “dwelling unit” for determining the number of units allowed within any 20
176	176		structure on any lot in a zoning district. An individual household shall consist of any one of the 21
177	177		following: 22
178	178		(i) A family, which may also include servants and employees living with the family; or 23
179	179		(ii) A person or group of unrelated persons living together. The maximum number may be 24
180	180		set by local ordinance, but this maximum shall not be less than three (3). 25
181	181		(36) Incentive zoning. The process whereby the local authority may grant additional 26
182	182		development capacity in exchange for the developer’s provision of a public benefit or amenity as 27
183	183		specified in local ordinances. 28
184	184		(37) Infrastructure. Facilities and services needed to sustain residential, commercial, 29
185	185		industrial, institutional, and other activities. 30
186	186		(38) Land-development project. A project in which one or more lots, tracts, or parcels of 31
187	187		land are developed or redeveloped as a coordinated site for one or more uses, units, or structures, 32
188	188		including, but not limited to, planned development or cluster development for residential, 33
189	189		commercial, institutional, recreational, open space, or mixed uses as provided in the zoning 34
190	190
191	191
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193	193		ordinance. 1
194	194		(39) Lot. Either: 2
195	195		(i) The basic development unit for determination of lot area, depth, and other dimensional 3
196	196		regulations; or 4
197	197		(ii) A parcel of land whose boundaries have been established by some legal instrument, 5
198	198		such as a recorded deed or recorded map, and that is recognized as a separate legal entity for 6
199	199		purposes of transfer of title. 7
200	200		(40) Lot area. The total area within the boundaries of a lot, excluding any street right-of-8
201	201		way, usually reported in acres or square feet. 9
202	202		(41) Lot area, minimum. The smallest land area established by the local zoning ordinance 10
203	203		upon which a use, building, or structure may be located in a particular zoning district. 11
204	204		(42) Lot building coverage. That portion of the lot that is, or may be, covered by buildings 12
205	205		and accessory buildings. 13
206	206		(43) Lot depth. The distance measured from the front lot line to the rear lot line. For lots 14
207	207		where the front and rear lot lines are not parallel, the lot depth is an average of the depth. 15
208	208		(44) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall specify 16
209	209		how noncontiguous frontage will be considered with regard to minimum frontage requirements. 17
210	210		(45) Lot line. A line of record, bounding a lot, that divides one lot from another lot or from 18
211	211		a public or private street or any other public or private space and shall include: 19
212	212		(i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall 20
213	213		specify the method to be used to determine the front lot line on lots fronting on more than one 21
214	214		street, for example, corner and through lots; 22
215	215		(ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of 23
216	216		triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10′) in length 24
217	217		entirely within the lot, parallel to and at a maximum distance from, the front lot line; and 25
218	218		(iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may 26
219	219		be a street lot line, depending on requirements of the local zoning ordinance. 27
220	220		(46) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined 28
221	221		herein. 29
222	222		(47) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon two 30
223	223		(2) streets that do not intersect at the boundaries of the lot. 31
224	224		(48) Lot width. The horizontal distance between the side lines of a lot measured at right 32
225	225		angles to its depth along a straight line parallel to the front lot line at the minimum front setback 33
226	226		line. 34
227	227
228	228
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230	230		(49) Mere inconvenience. See § 45-24-41. 1
231	231		(50) Mixed use. A mixture of land uses within a single development, building, or tract. 2
232	232		(51) Modification. Permission granted and administered by the zoning enforcement officer 3
233	233		of the city or town, and pursuant to the provisions of this chapter to grant a dimensional variance 4
234	234		other than lot area requirements from the zoning ordinance to a limited degree as determined by 5
235	235		the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) of each of 6
236	236		the applicable dimensional requirements. 7
237	237		(52) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully 8
238	238		existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with 9
239	239		the provisions of that ordinance or amendment. Nonconformance is of only two (2) types: 10
240	240		(i) Nonconforming by use: a lawfully established use of land, building, or structure that is 11
241	241		not a permitted use in that zoning district. A building or structure containing more dwelling units 12
242	242		than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or 13
243	243		(ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance 14
244	244		with the dimensional regulations of the zoning ordinance. Dimensional regulations include all 15
245	245		regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building 16
246	246		or structure containing more dwelling units than are permitted by the use regulations of a zoning 17
247	247		ordinance is nonconforming by use; a building or structure containing a permitted number of 18
248	248		dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per 19
249	249		dwelling unit regulations, is nonconforming by dimension. 20
250	250		(53) Overlay district. A district established in a zoning ordinance that is superimposed on 21
251	251		one or more districts or parts of districts. The standards and requirements associated with an overlay 22
252	252		district may be more or less restrictive than those in the underlying districts consistent with other 23
253	253		applicable state and federal laws. 24
254	254		(54) Performance standards. A set of criteria or limits relating to elements that a particular 25
255	255		use or process must either meet or may not exceed. 26
256	256		(55) Permitted use. A use by right that is specifically authorized in a particular zoning 27
257	257		district. 28
258	258		(56) Planned development. A “land-development project,” as defined in subsection (38), 29
259	259		and developed according to plan as a single entity and containing one or more structures or uses 30
260	260		with appurtenant common areas. 31
261	261		(57) Plant agriculture. The growing of plants for food or fiber, to sell or consume. 32
262	262		(58) Preapplication conference. A review meeting of a proposed development held 33
263	263		between applicants and reviewing agencies as permitted by law and municipal ordinance, before 34
264	264
265	265
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	266	+	LC002094 - Page 8 of 15
267	267		formal submission of an application for a permit or for development approval. 1
268	268		(59) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance of 2
269	269		the required setback for the zoning district in which the lot is located that establishes the area within 3
270	270		which the principal structure must be erected or placed. 4
271	271		(60) Site plan. The development plan for one or more lots on which is shown the existing 5
272	272		and/or the proposed conditions of the lot. 6
273	273		(61) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface 7
274	274		of the ground. 8
275	275		(62) Special use. A regulated use that is permitted pursuant to the special-use permit issued 9
276	276		by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a special 10
277	277		exception. 11
278	278		(63) Structure. A combination of materials to form a construction for use, occupancy, or 12
279	279		ornamentation, whether installed on, above, or below the surface of land or water. 13
280	280		(64) Substandard lot of record. Any lot lawfully existing at the time of adoption or 14
281	281		amendment of a zoning ordinance and not in conformance with the dimensional or area provisions 15
282	282		of that ordinance. 16
283	283		(65) Use. The purpose or activity for which land or buildings are designed, arranged, or 17
284	284		intended, or for which land or buildings are occupied or maintained. 18
285	285		(66) Variance. Permission to depart from the literal requirements of a zoning ordinance. 19
286	286		An authorization for the construction or maintenance of a building or structure, or for the 20
287	287		establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There are 21
288	288		only two (2) categories of variance, a use variance or a dimensional variance. 22
289	289		(i) Use variance. Permission to depart from the use requirements of a zoning ordinance 23
290	290		where the applicant for the requested variance has shown by evidence upon the record that the 24
291	291		subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the 25
292	292		zoning ordinance. 26
293	293		(ii) Dimensional variance. Permission to depart from the dimensional requirements of a 27
294	294		zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the 28
295	295		record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use 29
296	296		of the subject property unless granted the requested relief from the dimensional regulations. 30
297	297		However, the fact that a use may be more profitable or that a structure may be more valuable after 31
298		-	the relief is granted are not grounds for relief ~~under~~ the ~~applicable standards~~ set forth ~~in § 45-24-~~32
299		-	41. 33
	298	+	the relief is granted are not grounds for relief where the applicant has made a showing as set forth 32
	299	+	in § 45-24-41. 33
300	300		(67) Waters. As defined in § 46-12-1(23). 34
301	301
302	302
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304	304		(68) Wetland, coastal. As defined in § 45-22.2-4. 1
305	305		(69) Wetland, freshwater. As defined in § 2-1-20. 2
306	306		(70) Zoning certificate. A document signed by the zoning-enforcement officer, as required 3
307	307		in the zoning ordinance, that acknowledges that a use, structure, building, or lot either complies 4
308	308		with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or is an 5
309	309		authorized variance or modification therefrom. 6
310	310		(71) Zoning map. The map, or maps, that are a part of the zoning ordinance and that 7
311	311		delineate the boundaries of all mapped zoning districts within the physical boundary of the city or 8
312	312		town. 9
313	313		(72) Zoning ordinance. An ordinance enacted by the legislative body of the city or town 10
314	314		pursuant to this chapter and in the manner providing for the adoption of ordinances in the city or 11
315	315		town’s legislative or home rule charter, if any, that establish regulations and standards relating to 12
316	316		the nature and extent of uses of land and structures; that is consistent with the comprehensive plan 13
317	317		of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that 14
318	318		complies with the provisions of this chapter. 15
319	319		(73) Zoning-use district. The basic unit in zoning, either mapped or unmapped, to which 16
320	320		a uniform set of regulations applies, or a uniform set of regulations for a specified use. Zoning-use 17
321	321		districts include, but are not limited to: agricultural, commercial, industrial, institutional, open 18
322	322		space, and residential. Each district may include sub-districts. Districts may be combined. 19
323	323		45-24-38. General provisions — Substandard lots of record General provisions -- 20
324	324		Substandard lots of record -- Effective January 1, 2024. 21
325	325		(a) Any city or town adopting or amending a zoning ordinance under this chapter shall 22
326	326		regulate the use or uses development of any single substandard lot of record or contiguous lots of 23
327	327		record at the effective date of adoption or amendment of the zoning ordinance. 24
328	328		(b) Notwithstanding notwithstanding the failure of that lot or those lots to meet the 25
329	329		dimensional and/or quantitative requirements, and/or road frontage or other access requirements, 26
330	330		applicable in the district as stated in the ordinance, a substandard lot of record shall not be required 27
331	331		to seek any zoning relief based solely on the failure to meet minimum lot size requirements of the 28
332		-	district in which such lot is located. ~~The setback,~~ ~~frontage, and/or lot width~~ requirements for a 29
333		-	~~structure under this section~~ shall be reduced ~~and~~ the ~~maximum building coverage requirements~~ 30
334		-	~~shall be increased by the same proportion as the lot area of the substandard lot~~ is to the ~~minimum~~ 31
335		-	~~lot area requirement of the zoning district in which the lot is located.~~ ~~All proposals exceeding such~~ 32
336		-	~~reduced requirement shall proceed with a modification request under §~~ 45-24-~~46 or a dimensional~~ 33
337		-	~~variance request under § 45-24-41~~, ~~whichever is applicable.~~ 34
	332	+	district in which such lot is located. As to other dimensional requirements for lots not meeting 29
	333	+	minimum lot size requirements, such shall be reduced by the same ratio as the substandard lot area 30
	334	+	is to the required lot size of the zoning district. All proposals exceeding such reduced ratio shall 31
	335	+	proceed with a modification request under § 45-24-46 or a dimensional variance request under § 32
	336	+	45-24-41, whichever is applicable. 33
	337	+	(c) Provisions may be made for the merger of contiguous unimproved, or improved and 34
338	338
339	339
340		-	LC002094~~/SUB A~~ - Page 10 of 16
341		-	~~(c) Provisions may be made for~~ the ~~merger of contiguous unimproved,~~ ~~or improved and~~ 1
342		-	~~unimproved, substandard lots~~ of ~~record in~~ the ~~same ownership to create dimensionally conforming~~ 2
343		-	~~lots or to reduce~~ the ~~extent of dimensional nonconformance~~. The ~~ordinance shall specify the~~ 3
344		-	~~standards~~, ~~on a district by district basis, which determine~~ the ~~mergers.~~ The ~~standards include~~, ~~but~~ 4
345		-	~~are~~ not to be ~~limited to,~~ ~~the availability of infrastructure, the character of the neighborhood, and the~~ 5
346		-	~~consistency with~~ the ~~comprehensive plan.~~ The ~~merger of lots shall not be required when the~~ 6
347		-	substandard lot of record ~~has an area equal to or greater than the area of fifty percent (50%) of the~~ 7
348		-	~~lots within two hundred feet (200') of the subject lot, as confirmed by the zoning enforcement~~ 8
349		-	~~officer~~. 9
350		-	~~45-24-40. General provisions — Alteration~~ of ~~nonconforming development.~~ ~~General~~ 10
351		-	~~provisions — Alteration of nonconforming development; Alteration of uses established~~ by 11
352		-	~~variance~~ or ~~special use permit — Effective January 1,~~ ~~2024.~~ 12
353		-	~~(a) A~~ zoning ordinance ~~may permit a nonconforming development to be altered under~~ 13
354		-	~~either of~~ the ~~following conditions:~~ 14
355		-	~~(1)~~ The ~~ordinance may establish a special-use permit, authorizing the alteration, which~~ 15
356		-	~~must be approved by~~ the zoning board of review ~~following the procedure established in this chapter~~ 16
357		-	~~and~~ in the zoning ordinance~~; or~~ 17
358		-	~~(2)~~ The ~~ordinance may allow the addition~~ and ~~enlargement~~, ~~expansion, intensification, or~~ 18
359		-	~~change in use,~~ of ~~nonconforming development either by permit or by right~~ and ~~may distinguish~~ 19
360		-	~~between~~ the ~~foregoing actions by~~ zoning ~~districts.~~ 20
361		-	(b) The ~~ordinance may require~~ that ~~the alteration more closely adheres to~~ the ~~intent and~~ 21
362		-	~~purposes~~ of ~~the zoning ordinance.~~ 22
363		-	~~(c) A use established by variance or special use permit~~ shall ~~not acquire~~ the ~~rights~~ of ~~this~~ 23
364		-	~~section, unless allowed~~ by ~~specific provisions of a municipal zoning ordinance.~~ 24
365		-	45-24-41. ~~General provisions — Variances. General provisions -Variances – Effective~~ 25
366		-	~~January 1,~~ ~~2024~~. 26
367		-	(a) An application for ~~relief from the literal requirements of~~ a ~~zoning ordinance because of~~ 27
368		-	~~hardship may be made by any person, group, agency, or corporation by filing with~~ the ~~zoning~~ 28
369		-	~~enforcement officer or agency an application describing~~ the ~~request and supported~~ by ~~any data and~~ 29
370		-	~~evidence as~~ may ~~be required by the zoning board of~~ review ~~or by the terms of the ordinance. The~~ 30
371		-	~~zoning enforcement officer or agency shall immediately transmit each application received to the~~ 31
372		-	~~zoning board~~ of ~~review and~~ a ~~copy~~ of ~~each application to~~ the ~~planning board~~ or ~~commission.~~ 32
373		-	~~(b) A zoning ordinance provides that~~ the ~~zoning~~ board ~~of review~~, ~~immediately upon receipt~~ 33
374		-	~~of an application for a variance in~~ the ~~application of the literal terms of the zoning ordinance, may~~ 34
	340	+	LC002094 - Page 10 of 15
	341	+	unimproved, substandard lots of record in the same ownership to create dimensionally conforming 1
	342	+	lots or to reduce the extent of dimensional nonconformance. The ordinance shall specify the 2
	343	+	standards, on a district by district basis, which determine the mergers. The standards include, but 3
	344	+	are not to be limited to, the availability of infrastructure, the character of the neighborhood, and the 4
	345	+	consistency with the comprehensive plan. The merger of lots shall not be permitted when more 5
	346	+	than fifty percent (50%) of the lots within two hundred feet (200') of the property line are similarly 6
	347	+	sized to the substandard lot of record. 7
	348	+	45-24-41. General provisions — Variances. General provisions -Variances – Effective 8
	349	+	January 1, 2024. 9
	350	+	(a) An application for relief from the literal requirements of a zoning ordinance because of 10
	351	+	hardship may be made by any person, group, agency, or corporation by filing with the zoning 11
	352	+	enforcement officer or agency an application describing the request and supported by any data and 12
	353	+	evidence as may be required by the zoning board of review or by the terms of the ordinance. The 13
	354	+	zoning enforcement officer or agency shall immediately transmit each application received to the 14
	355	+	zoning board of review and a copy of each application to the planning board or commission. 15
	356	+	(b) A zoning ordinance provides that the zoning board of review, immediately upon receipt 16
	357	+	of an application for a variance in the application of the literal terms of the zoning ordinance, may 17
	358	+	request that the planning board or commission and/or staff report its findings and recommendations, 18
	359	+	including a statement on the general consistency of the application with the goals and purposes of 19
	360	+	the comprehensive plan of the city or town, in writing, to the zoning board of review within thirty 20
	361	+	(30) days of receipt of the application from that board. The zoning board shall hold a public hearing 21
	362	+	on any application for variance in an expeditious manner, after receipt, in proper form, of an 22
	363	+	application, and shall give public notice at least fourteen (14) days prior to the date of the hearing 23
	364	+	in a newspaper of general circulation in the city or town. Notice of hearing shall be sent by first-24
	365	+	class mail to the applicant, and to at least all those who would require notice under § 45-24-53. The 25
	366	+	notice shall also include the street address of the subject property. A zoning ordinance may require 26
	367	+	that a supplemental notice, that an application for a variance is under consideration, be posted at 27
	368	+	the location in question. The posting is for information purposes only and does not constitute 28
	369	+	required notice of a public hearing. The cost of notification shall be borne by the applicant. 29
	370	+	(c) A zoning ordinance may provide for unified development review, pursuant to § 45-24-30
	371	+	46.4. Requests for dimensional and use variances submitted under a unified development review 31
	372	+	provision of a zoning ordinance shall be submitted as part of the subdivision or land-development 32
	373	+	application to the administrative officer of the planning board or commission, pursuant to § 45-24-33
	374	+	46.4(a). All subdivision or land-development applications submitted under the unified development 34
375	375
376	376
377		-	LC002094~~/SUB A~~ - Page 11 of 16
378		-	~~request that~~ the ~~planning board or commission and/or staff report its findings and recommendations,~~ 1
379		-	~~including a statement on the general consistency~~ of ~~the application with the goals and purposes of~~ 2
380		-	~~the comprehensive plan of the city or town,~~ in ~~writing~~, to the zoning board of review ~~within thirty~~ 3
381		-	~~(30) days of receipt of~~ the ~~application from~~ that ~~board. The zoning board shall hold a public hearing~~ 4
382		-	~~on any application for variance in an expeditious manner, after receipt, in proper form,~~ of an 5
383		-	~~application, and shall give public notice at least fourteen~~ (14) ~~days prior~~ to the ~~date of the hearing~~ 6
384		-	~~in a newspaper~~ of ~~general circulation in~~ the ~~city or town. Notice~~ of ~~hearing shall be sent by first-~~7
385		-	~~class mail~~ to the applicant, ~~and to at least all those who would require notice under § 45-24-53. The~~ 8
386		-	~~notice shall also include the street address of the subject property.~~ A ~~zoning ordinance may require~~ 9
387		-	~~that a supplemental notice,~~ that ~~an application for a variance~~ is ~~under consideration,~~ ~~be posted at~~ 10
388		-	~~the location in question.~~ The ~~posting is for information purposes only~~ and ~~does not constitute~~ 11
389		-	~~required notice~~ of ~~a public hearing.~~ The ~~cost~~ of ~~notification shall be borne by~~ the ~~applicant.~~ 12
390		-	~~(c) A~~ zoning ordinance ~~may provide for unified development review, pursuant to § 45-24-~~13
391		-	~~46.4. Requests for dimensional~~ and ~~use variances submitted under a unified development review~~ 14
392		-	~~provision of a zoning ordinance shall~~ be ~~submitted as part of~~ the ~~subdivision or land-development~~ 15
393		-	~~application to~~ the ~~administrative officer~~ of ~~the planning board~~ or ~~commission,~~ pursuant ~~to § 45-24-~~16
394		-	46.4~~(a). All subdivision~~ or ~~land-development applications submitted under~~ the ~~unified development~~ 17
395		-	~~review provisions~~ of ~~a zoning ordinance shall have a public hearing, which shall meet the~~ 18
396		-	~~requirements of § 45-23-50.1(c).~~ 19
397		-	~~(d) In granting a variance,~~ the zoning ~~board~~ of ~~review, or, where unified development~~ 20
398		-	~~review is enabled pursuant to § 45-24-46.4,~~ the ~~planning board~~ or ~~commission, shall require that~~ 21
399		-	~~evidence to the satisfaction of the following standards is entered into the record of the proceedings:~~ 22
400		-	(1) That the hardship ~~from which~~ the ~~applicant seeks relief is due to~~ the ~~unique~~ 23
401		-	~~characteristics of~~ the ~~subject land or structure and~~ not to ~~the general characteristics of the~~ 24
402		-	~~surrounding area;~~ ~~and is not due to~~ a ~~physical~~ or ~~economic disability of the applicant,~~ ~~excepting~~ 25
403		-	~~those physical disabilities addressed in § 45-24-30(a)(16);~~ 26
404		-	~~(2) That~~ the ~~hardship is not~~ the ~~result of any prior action of the applicant and does not result~~ 27
405		-	~~primarily from~~ the ~~desire of the applicant to realize greater financial gain; and~~ 28
406		-	~~(3) That~~ the ~~granting~~ of the ~~requested variance will not alter the general character of the~~ 29
407		-	~~surrounding area or impair the intent or purpose of the zoning ordinance or the comprehensive plan~~ 30
408		-	~~upon which the ordinance is based; and~~ 31
409		-	(4) ~~That~~ the ~~relief to be granted is the least relief necessary.~~ 32
410		-	~~(e)~~ The zoning board of review, or, where unified development review is enabled pursuant 33
411		-	~~to § 45-24-~~46.4, the planning board or commission~~, shall, in addition to the above standards, require~~ 34
	377	+	LC002094 - Page 11 of 15
	378	+	review provisions of a zoning ordinance shall have a public hearing, which shall meet the 1
	379	+	requirements of § 45-23-50.1(c). 2
	380	+	(d) In granting a variance, the zoning board of review, or, where unified development 3
	381	+	review is enabled pursuant to § 45-24-46.4, the planning board or commission, shall require that 4
	382	+	evidence to the satisfaction of the following standards is entered into the record of the proceedings: 5
	383	+	(1) That the hardship from which the applicant seeks relief is due to the unique 6
	384	+	characteristics of the subject land or structure and not to the general characteristics of the 7
	385	+	surrounding area; and is not due to a physical or economic disability of the applicant, excepting 8
	386	+	those physical disabilities addressed in § 45-24-30(a)(16); 9
	387	+	(2) That the hardship is not the result of any prior action of the applicant and does not result 10
	388	+	primarily from the desire of the applicant to realize greater financial gain; and 11
	389	+	(3) That the granting of the requested variance will not alter the general character of the 12
	390	+	surrounding area or impair the intent or purpose of the zoning ordinance or the comprehensive plan 13
	391	+	upon which the ordinance is based; and 14
	392	+	(4) That the relief to be granted is the least relief necessary. 15
	393	+	(e) The zoning board of review, or, where unified development review is enabled pursuant 16
	394	+	to § 45-24-46.4, the planning board or commission, shall, in addition to the above standards, require 17
	395	+	that evidence is entered into the record of the proceedings showing that: 18
	396	+	(1) In granting a use variance, the subject land or structure cannot yield any beneficial use 19
	397	+	if it is required to conform to the provisions of the zoning ordinance. Nonconforming use of 20
	398	+	neighboring land or structures in the same district and permitted use of lands or structures in an 21
	399	+	adjacent district shall not be considered in granting a use variance; and 22
	400	+	(2) In granting a dimensional variance, that the hardship suffered by the owner of the 23
	401	+	subject property if the dimensional variance is not granted amounts to more than a mere 24
	402	+	inconvenience. The fact that a use may be more profitable or that a structure may be more valuable 25
	403	+	after the relief is granted is not grounds for relief. The zoning board of review, or, where unified 26
	404	+	development review is enabled pursuant to § 45-24-46.4, the planning board or commission has the 27
	405	+	power to grant dimensional variances where the use is permitted by special-use permit if provided 28
	406	+	for in the special use permit sections of the zoning ordinance. 29
	407	+	45-24-42. General provisions — Special-use permits General provisions -- Special-use 30
	408	+	permits -- Effective January 1, 2024. 31
	409	+	(a) A zoning ordinance shall provide for the issuance of special-use permits approved by 32
	410	+	the zoning board of review, or, where unified development review is enabled pursuant to § 45-24-33
	411	+	46.4, the planning board or commission. 34
412	412
413	413
414		-	LC002094~~/SUB A~~ - Page 12 of 16
415		-	~~that evidence is entered into~~ the ~~record of the proceedings showing that~~: 1
416		-	(1) ~~In granting a use variance,~~ the ~~subject land or structure cannot yield any beneficial use~~ 2
417		-	~~if it~~ is ~~required to conform to the provisions of the zoning ordinance. Nonconforming use of~~ 3
418		-	~~neighboring land~~ or ~~structures in the same district and permitted use of lands~~ or ~~structures in an~~ 4
419		-	~~adjacent district shall not be considered in granting a use variance;~~ and 5
420		-	~~(2) In granting~~ a ~~dimensional variance~~, ~~that the hardship suffered by the owner of the~~ 6
421		-	~~subject property if~~ the ~~dimensional variance is not granted amounts~~ to ~~more than~~ a ~~mere~~ 7
422		-	~~inconvenience, meaning that relief sought is minimal to~~ a ~~reasonable enjoyment of the permitted~~ 8
423		-	~~use to~~ which ~~the property is proposed to be devoted.~~ The ~~fact that a use may be more profitable or~~ 9
424		-	~~that a structure may be more valuable after the relief is granted is not grounds for relief.~~ The zoning 10
425		-	~~board~~ of ~~review, or,~~ ~~where unified development review is enabled pursuant to § 45-24-46.4, the~~ 11
426		-	~~planning board or commission has~~ the ~~power to grant dimensional variances where~~ the ~~use is~~ 12
427		-	~~permitted by special-use permit if provided for in~~ the ~~special use permit sections~~ of the ~~zoning~~ 13
428		-	~~ordinance.~~ 14
429		-	~~45-24-42. General provisions — Special-use permits General provisions -- Special-use~~ 15
430		-	~~permits --~~ ~~Effective January 1~~, ~~2024.~~ 16
431		-	~~(a)~~ A zoning ~~ordinance shall provide for the issuance of special-use permits approved by~~ 17
432		-	~~the zoning board of review, or, where~~ unified development review ~~is enabled pursuant to § 45-24-~~18
433		-	~~46.4~~, the ~~planning board or commission~~. 19
434		-	~~(b) The~~ ordinance ~~shall:~~ 20
435		-	(1) ~~Specify~~ the ~~uses requiring special-use permits in each district.~~ The ~~ordinance may shall~~ 21
436		-	~~provide for~~ a ~~procedure under which a proposed land use that is not specifically listed may~~ be 22
437		-	~~presented by the property owner~~ to the ~~zoning board of review or~~ to ~~a local official or agency~~ 23
438		-	~~charged with administration and enforcement~~ of the ordinance ~~for an evaluation and determination~~ 24
439		-	~~of whether the proposed~~ use is ~~of a similar type~~, ~~character, and intensity as a listed use requiring a~~ 25
440		-	~~special-use permit. Upon such determination,~~ the ~~proposed use may be considered to be a use~~ 26
441		-	~~requiring~~ a ~~special-use permit;~~ 27
442		-	~~(2) Describe the conditions and procedures under which special-use permits, of each of the~~ 28
443		-	~~various categories~~ of ~~special-use permits established in the zoning ordinance, may shall be issued;~~ 29
444		-	(3) ~~Establish specific and objective criteria for the issuance of each type of use category of~~ 30
445		-	~~special-use permit that,~~ which ~~criteria shall be in conformance with the purposes and intent of the~~ 31
446		-	~~comprehensive plan~~ and ~~the zoning ordinance of~~ the ~~city or town; however, in no case shall any~~ 32
447		-	~~specific and objective criteria for~~ a special use permit ~~include a determination of consistency with~~ 33
448		-	the ~~comprehensive plan;~~ 34
	414	+	LC002094 - Page 12 of 15
	415	+	(b) The ordinance shall: 1
	416	+	(1) Specify the uses requiring special-use permits in each district. The ordinance may shall 2
	417	+	provide for a procedure under which a proposed land use that is not specifically listed may be 3
	418	+	presented by the property owner to the zoning board of review or to a local official or agency 4
	419	+	charged with administration and enforcement of the ordinance for an evaluation and determination 5
	420	+	of whether the proposed use is of a similar type, character, and intensity as a listed use requiring a 6
	421	+	special-use permit. Upon such determination, the proposed use may be considered to be a use 7
	422	+	requiring a special-use permit; 8
	423	+	(2) Describe the conditions and procedures under which special-use permits, of each of the 9
	424	+	various categories of special-use permits established in the zoning ordinance, may shall be issued; 10
	425	+	(3) Establish specific and objective criteria for the issuance of each category of special-use 11
	426	+	permit that which criteria shall be in conformance with the purposes and intent of the 12
	427	+	comprehensive plan and the zoning ordinance of the city or town; however, in no case shall any 13
	428	+	specific and objective criteria for a special use permit include a determination of consistency with 14
	429	+	the comprehensive plan; 15
	430	+	(4) Provide for public hearings and notification of the date, time, place, and purpose of 16
	431	+	those hearings to interested parties. Special-use permit requests submitted under a zoning 17
	432	+	ordinance’s unified development review provisions shall be heard and noticed in conjunction with 18
	433	+	the subdivision or land-development application, according to the requirements of § 45-23-50.1. 19
	434	+	Public notice for special-use permits that are not submitted under a zoning ordinance’s unified 20
	435	+	development review provisions shall be given at least fourteen (14) days prior to the date of the 21
	436	+	hearing in a newspaper of general circulation in the city or town. Notice of hearing shall be sent by 22
	437	+	first-class mail to the applicant, and to all those who would require notice under § 45-24-53. The 23
	438	+	notice shall also include the street address of the subject property. A zoning ordinance may require 24
	439	+	that a supplemental notice, that an application for a special-use permit is under consideration, be 25
	440	+	posted at the location in question. The posting is for information purposes only and does not 26
	441	+	constitute required notice of a public hearing. The cost of notification shall be borne by the 27
	442	+	applicant; 28
	443	+	(5) Provide for the recording of findings of fact and written decisions; and 29
	444	+	(6) Provide that appeals may be taken pursuant to § 45-24-70 or § 45-23-66, dependent on 30
	445	+	the board to which application was made. 31
	446	+	(c) If an ordinance does not expressly provide for specific and objective criteria for the 32
	447	+	issuance of a category of special use permit such category shall be deemed to be permitted use. 33
	448	+	(c)(d) The ordinance additionally may provide that an applicant may shall apply for, and 34
449	449
450	450
451		-	LC002094~~/SUB A~~ - Page 13 of 16
452		-	~~(4) Provide for public hearings and notification of~~ the ~~date, time,~~ ~~place, and purpose of~~ 1
453		-	~~those hearings to interested parties.~~ ~~Special-use permit requests submitted under a~~ zoning 2
454		-	~~ordinance’s unified~~ development review ~~provisions~~ shall ~~be heard and noticed in conjunction with~~ 3
455		-	the ~~subdivision or land-development~~ ~~application, according~~ to the ~~requirements of § 45-23-50.1.~~ 4
456		-	~~Public notice for~~ special-use ~~permits that are not submitted under a zoning ordinance’s unified~~ 5
457		-	~~development review provisions shall be given at least fourteen (14) days prior to the date of the~~ 6
458		-	~~hearing in a newspaper of general circulation in the city or town~~. ~~Notice of hearing shall be sent by~~ 7
459		-	~~first-class mail to the applicant, and to all those who would require notice under § 45-24-53~~. ~~The~~ 8
460		-	~~notice shall also include the street address of the subject property.~~ A zoning ordinance may ~~require~~ 9
461		-	~~that a supplemental notice,~~ ~~that an application for a special-use~~ ~~permit is under consideration, be~~ 10
462		-	~~posted at~~ the ~~location in question. The posting is for information purposes only and does not~~ 11
463		-	~~constitute required notice of a public hearing.~~ The ~~cost of notification shall be borne by the~~ 12
464		-	~~applicant;~~ 13
465		-	(5) ~~Provide for~~ the ~~recording of findings of fact and written decisions; and~~ 14
466		-	~~(6) Provide that appeals may be taken pursuant to § 45-24-70 or § 45-23-66, dependent on~~ 15
467		-	the ~~board to~~ which ~~application was made.~~ 16
468		-	~~(c) If an ordinance does not expressly provide for specific and objective criteria for the~~ 17
469		-	~~issuance~~ of a ~~category of special use permit such category shall be deemed to be permitted use.~~ 18
470		-	~~(c)(d)~~ The ~~ordinance additionally may shall provide that an applicant may apply for, and~~ 19
471		-	~~be issued,~~ ~~a dimensional variance in conjunction with a special-use permit. If~~ the ~~special use could~~ 20
472		-	~~not exist without~~ the ~~dimensional variance,~~ the ~~zoning board~~ of ~~review, or, where unified~~ 21
473		-	~~development review is enabled pursuant to § 45-24-46.4(b), the planning board or commission shall~~ 22
474		-	~~consider~~ the ~~special-use permit and the dimensional variance together to determine if granting the~~ 23
475		-	~~special~~ use ~~is appropriate based on both the special use criteria and the dimensional variance~~ 24
476		-	~~evidentiary standards.~~ 25
477		-	~~45-24-46. Special provisions — Modification Special provisions --~~ ~~Modification --~~ 26
478		-	~~Effective January 1 2024.~~ 27
479		-	(a) A ~~zoning ordinance may shall provide for the issuance~~ of ~~modifications or adjustments~~ 28
480		-	~~from the literal dimensional requirements of the zoning ordinance in the instance of the~~ 29
481		-	~~construction~~, ~~alteration, or structural modification of a structure or lot of record. If~~ the ~~ordinance~~ 30
482		-	~~allows modifications then~~ the ~~The zoning enforcement officer~~ is ~~authorized to grant modification~~ 31
483		-	~~permits.~~ The ~~zoning ordinance establishes~~ the ~~maximum percent allowed for a modification~~, ~~which~~ 32
484		-	shall ~~not exceed twenty-five~~ ~~percent (25%),~~ of ~~any of shall permit modifications~~ that ~~are fifteen~~ 33
485		-	~~percent~~ (~~15%~~) ~~or less~~ of the ~~dimensional requirements specified in the zoning ordinance but may~~ 34
	451	+	LC002094 - Page 13 of 15
	452	+	be issued, a dimensional variance in conjunction with a special-use permit. If the special use could 1
	453	+	not exist without the dimensional variance, the zoning board of review, or, where unified 2
	454	+	development review is enabled pursuant to § 45-24-46.4(b), the planning board or commission shall 3
	455	+	consider the special-use permit and the dimensional variance together to determine if granting the 4
	456	+	special use is appropriate based on both the special use criteria and the dimensional variance 5
	457	+	evidentiary standards. 6
	458	+	45-24-46. Special provisions — Modification Special provisions -- Modification -- 7
	459	+	Effective January 1 2024. 8
	460	+	(a) A zoning ordinance may shall provide for the issuance of modifications or adjustments 9
	461	+	from the literal dimensional requirements of the zoning ordinance in the instance of the 10
	462	+	construction, alteration, or structural modification of a structure or lot of record. If the ordinance 11
	463	+	allows modifications then the The zoning enforcement officer is authorized to grant modification 12
	464	+	permits. The zoning ordinance establishes the maximum percent allowed for a modification, which 13
	465	+	shall not exceed twenty-five percent (25%), but not less than fifteen percent (15%), of any of the 14
	466	+	dimensional requirements specified in the zoning ordinance. A modification does not permit 15
	467	+	moving of lot lines. The zoning ordinance shall specify which dimensional requirements or 16
	468	+	combinations of these requirements are allowable under a modification. These requirements may 17
	469	+	differ by use or zoning district. Within ten (10) days of the receipt of a request for a modification, 18
	470	+	the zoning enforcement officer shall make a decision as to the suitability of the requested 19
	471	+	modification based on the following determinations: 20
	472	+	(1) The modification requested is reasonably necessary for the full enjoyment of the 21
	473	+	permitted use; 22
	474	+	(2) If the modification is granted, neighboring property will neither be substantially injured 23
	475	+	nor its appropriate use substantially impaired; 24
	476	+	(3) The modification requested is in harmony with the purposes and intent of the 25
	477	+	comprehensive plan and zoning ordinance of the city or town does not require a variance of a flood 26
	478	+	hazard requirement, unless the building is built in accordance with applicable regulations; and 27
	479	+	(4) The modification requested does not require a variance of a flood hazard requirement 28
	480	+	violate any rules or regulations with respect to freshwater wetlands. 29
	481	+	(b) Upon an affirmative determination, the zoning enforcement officer shall notify, by 30
	482	+	registered or certified mail, all property owners abutting the property which is the subject of the 31
	483	+	modification request, and shall indicate the street address of the subject property in the notice, and 32
	484	+	shall publish in a newspaper of general circulation within the city or town that the modification will 33
	485	+	be granted unless written objection is received within thirty (30) fourteen (14) days of the public 34
486	486
487	487
488		-	LC002094/SUB A - Page 14 of 16
489		-	permit modification up to twenty-five percent (25%). A modification does not permit moving of 1
490		-	lot lines. The zoning ordinance shall specify which dimensional requirements or combinations of 2
491		-	these requirements are allowable under a modification. These requirements may differ by use or 3
492		-	zoning district. Within ten (10) days of the receipt of a request for a modification, the zoning 4
493		-	enforcement officer shall make a decision as to the suitability of the requested modification based 5
494		-	on the following determinations: 6
495		-	(1) The modification requested is reasonably necessary for the full enjoyment of the 7
496		-	permitted use; 8
497		-	(2) If the modification is granted, neighboring property will neither be substantially injured 9
498		-	nor its appropriate use substantially impaired; 10
499		-	(3) The modification requested is in harmony with the purposes and intent of the 11
500		-	comprehensive plan and zoning ordinance of the city or town does not require a variance of a flood 12
501		-	hazard requirement, unless the building is built in accordance with applicable regulations; and 13
502		-	(4) The modification requested does not require a variance of a flood hazard requirement 14
503		-	violate any rules or regulations with respect to freshwater or coastal wetlands. 15
504		-	(b) Upon an affirmative determination, in the case of a modification of five percent (5%) 16
505		-	or less, the zoning enforcement officer shall have the authority to issue a permit approving the 17
506		-	modification, without any public notice requirements. In the case of a modification of greater than 18
507		-	five percent (5%), the zoning enforcement officer shall notify, by registered or certified first class 19
508		-	mail, all property owners abutting the property which is the subject of the modification request, and 20
509		-	shall indicate the street address of the subject property in the notice, and shall publish in a 21
510		-	newspaper of general local circulation within the city or town that the modification will be granted 22
511		-	unless written objection is received within thirty (30) fourteen (14) days of the public notice. If 23
512		-	written objection is received within thirty (30) fourteen (14) days, the request for a modification 24
513		-	shall be denied. scheduled for the next available hearing before the zoning board of review on 25
514		-	application for a dimensional variance In that case the changes requested will be considered a 26
515		-	request for a variance and may only be issued by the zoning board of review following the standard 27
516		-	procedures for such variances, including notice requirements provided for under this chapter. If no 28
517		-	written objections are received within thirty (30) fourteen (14) days, the zoning enforcement officer 29
518		-	shall grant the modification. The zoning enforcement officer may apply any special conditions to 30
519		-	the permit as may, in the opinion of the officer, be required to conform to the intent and purposes 31
520		-	of the zoning ordinance. The zoning enforcement officer shall keep public records of all requests 32
521		-	for modifications, and of findings, determinations, special conditions, and any objections received. 33
522		-	Costs of any notice required under this subsection shall be borne by the applicant requesting the 34
523		-
524		-
525		-	LC002094/SUB A - Page 15 of 16
526		-	modification. 1
527		-	SECTION 2. This act shall take effect on January 1, 2024. 2
	488	+	LC002094 - Page 14 of 15
	489	+	notice. If written objection is received within thirty (30) fourteen (14) days, the request for a 1
	490	+	modification shall be denied. scheduled for the next available hearing before the zoning board of 2
	491	+	review on application for a dimensional variance In that case the changes requested will be 3
	492	+	considered a request for a variance and may only be issued by the zoning board of review following 4
	493	+	the standard procedures for such variances, including notice requirements provided for under this 5
	494	+	chapter. If no written objections are received within thirty (30) fourteen (14) days, the zoning 6
	495	+	enforcement officer shall grant the modification. The zoning enforcement officer may apply any 7
	496	+	special conditions to the permit as may, in the opinion of the officer, be required to conform to the 8
	497	+	intent and purposes of the zoning ordinance. The zoning enforcement officer shall keep public 9
	498	+	records of all requests for modifications, and of findings, determinations, special conditions, and 10
	499	+	any objections received. Costs of any notice required under this subsection shall be borne by the 11
	500	+	applicant requesting the modification. 12
	501	+	SECTION 2. This act shall take effect on January 1, 2024. 13
528	502		========
529		-	LC002094~~/SUB A~~
	503	+	LC002094
530	504		========
531	505
532	506
533		-	LC002094~~/SUB A~~ - Page 16 of 16
	507	+	LC002094 - Page 15 of 15
534	508		EXPLANATION
535	509		BY THE LEGISLATIVE COUNCIL
536	510		OF
537	511		A N A C T
538	512		RELATING TO TOWNS AN D CITIES -- ZONING ORDINANCES
539	513		***
540	514		This act would amend certain general laws relative to zoning ordinance and variances, 1
541	515		special use permits, modifications thereto and also amend provisions relative to substandard lots of 2
542	516		record and the merger of such lots. 3
543	517		This act would take effect on January 1, 2024. 4
544	518		========
545		-	LC002094~~/SUB A~~
	519	+	LC002094
546	520		========