| 6 | 6 | | ======== |
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| 7 | 7 | | LC001326/SUB A |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO TOWNS AN D CITIES -- ZONING ORDINANCES |
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| 16 | 16 | | Introduced By: Representatives Speakman, Kazarian, Shekarchi, Cotter, Knight, |
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| 17 | 17 | | Donovan, Tanzi, Cruz, Cortvriend, and Casey |
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| 18 | 18 | | Date Introduced: March 03, 2023 |
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| 19 | 19 | | Referred To: House Municipal Government & Housing |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Sections 45-24-31, 45-24-37 and 45-24-73 of the General Laws in Chapter 1 |
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| 24 | 24 | | 45-24 entitled "Zoning Ordinances" are hereby amended to read as follows: 2 |
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| 25 | 25 | | 45-24-31. Definitions. 3 |
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| 26 | 26 | | Where words or terms used in this chapter are defined in § 45-22.2-4 or 45-23-32, they 4 |
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| 27 | 27 | | have the meanings stated in that section. In addition, the following words have the following 5 |
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| 28 | 28 | | meanings. Additional words and phrases may be used in developing local ordinances under this 6 |
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| 29 | 29 | | chapter; however, the words and phrases defined in this section are controlling in all local 7 |
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| 30 | 30 | | ordinances created under this chapter: 8 |
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| 31 | 31 | | (1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with 9 |
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| 32 | 32 | | no intervening land. 10 |
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| 33 | 33 | | (2) Accessory dwelling unit (ADU). A residential living unit on the same parcel lot where 11 |
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| 34 | 34 | | the primary principal use is a legally established single-family dwelling unit or multi-unit family 12 |
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| 35 | 35 | | dwelling unit. An ADU provides complete independent living facilities for one or more persons. It 13 |
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| 36 | 36 | | may take various forms including, but not limited to: a detached unit; a unit that is part of an 14 |
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| 37 | 37 | | accessory structure, such as a detached garage; or a unit that is part of an expanded or remodeled 15 |
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| 38 | 38 | | primary dwelling. 16 |
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| 39 | 39 | | (3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental 17 |
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| 40 | 40 | | and subordinate to the principal use of the land or building. An accessory use may be restricted to 18 |
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| 41 | 41 | | the same lot as the principal use. An accessory use shall not be permitted without the principal use 19 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC001326/SUB A - Page 2 of 14 |
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| 45 | 45 | | to which it is related. 1 |
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| 46 | 46 | | (4) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be: 2 |
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| 47 | 47 | | (i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her, 3 |
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| 48 | 48 | | or its property will be injured by a decision of any officer or agency responsible for administering 4 |
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| 49 | 49 | | the zoning ordinance of a city or town; or 5 |
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| 50 | 50 | | (ii) Anyone requiring notice pursuant to this chapter. 6 |
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| 51 | 51 | | (5) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4. 7 |
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| 52 | 52 | | (6) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2. 8 |
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| 53 | 53 | | (7) Applicant. An owner, or authorized agent of the owner, submitting an application or 9 |
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| 54 | 54 | | appealing an action of any official, board, or agency. 10 |
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| 55 | 55 | | (8) Application. The completed form, or forms, and all accompanying documents, exhibits, 11 |
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| 56 | 56 | | and fees required of an applicant by an approving authority for development review, approval, or 12 |
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| 57 | 57 | | permitting purposes. 13 |
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| 58 | 58 | | (9) Buffer. Land that is maintained in either a natural or landscaped state, and is used to 14 |
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| 59 | 59 | | screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-way. 15 |
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| 60 | 60 | | (10) Building. Any structure used or intended for supporting or sheltering any use or 16 |
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| 61 | 61 | | occupancy. 17 |
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| 62 | 62 | | (11) Building envelope. The three-dimensional space within which a structure is permitted 18 |
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| 63 | 63 | | to be built on a lot and that is defined by regulations governing building setbacks, maximum height, 19 |
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| 64 | 64 | | and bulk; by other regulations; or by any combination thereof. 20 |
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| 65 | 65 | | (12) Building height. For a vacant parcel of land, building height shall be measured from 21 |
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| 66 | 66 | | the average, existing-grade elevation where the foundation of the structure is proposed. For an 22 |
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| 67 | 67 | | existing structure, building height shall be measured from average grade taken from the outermost 23 |
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| 68 | 68 | | four (4) corners of the existing foundation. In all cases, building height shall be measured to the top 24 |
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| 69 | 69 | | of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, 25 |
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| 70 | 70 | | chimneys, flag poles, and the like. For any property or structure located in a special flood hazard 26 |
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| 71 | 71 | | area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the 27 |
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| 72 | 72 | | Rhode Island coastal resources management council (CRMC) suggested design elevation three foot 28 |
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| 73 | 73 | | (3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-year (100) 29 |
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| 74 | 74 | | storm, the greater of the following amounts, expressed in feet, shall be excluded from the building 30 |
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| 75 | 75 | | height calculation: 31 |
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| 76 | 76 | | (i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or 32 |
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| 77 | 77 | | proposed freeboard, less the average existing grade elevation; or 33 |
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| 78 | 78 | | (ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a 34 |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | LC001326/SUB A - Page 3 of 14 |
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| 82 | 82 | | one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate 1 |
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| 83 | 83 | | the appropriate suggested design elevation map for the exclusion every ten (10) years, or as 2 |
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| 84 | 84 | | otherwise necessary. 3 |
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| 85 | 85 | | (13) Cluster. A site-planning technique that concentrates buildings in specific areas on the 4 |
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| 86 | 86 | | site to allow the remaining land to be used for recreation, common open space, and/or preservation 5 |
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| 87 | 87 | | of environmentally, historically, culturally, or other sensitive features and/or structures. The 6 |
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| 88 | 88 | | techniques used to concentrate buildings shall be specified in the ordinance and may include, but 7 |
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| 89 | 89 | | are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the 8 |
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| 90 | 90 | | resultant open land being devoted by deed restrictions for one or more uses. Under cluster 9 |
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| 91 | 91 | | development, there is no increase in the number of lots that would be permitted under conventional 10 |
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| 92 | 92 | | development except where ordinance provisions include incentive bonuses for certain types or 11 |
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| 93 | 93 | | conditions of development. 12 |
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| 94 | 94 | | (14) Common ownership. Either: 13 |
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| 95 | 95 | | (i) Ownership by one or more individuals or entities in any form of ownership of two (2) 14 |
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| 96 | 96 | | or more contiguous lots; or 15 |
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| 97 | 97 | | (ii) Ownership by any association (ownership may also include a municipality) of one or 16 |
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| 98 | 98 | | more lots under specific development techniques. 17 |
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| 99 | 99 | | (15) Community residence. A home or residential facility where children and/or adults 18 |
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| 100 | 100 | | reside in a family setting and may or may not receive supervised care. This does not include halfway 19 |
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| 101 | 101 | | houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the 20 |
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| 102 | 102 | | following: 21 |
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| 103 | 103 | | (i) Whenever six (6) or fewer children or adults with intellectual and/or developmental 22 |
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| 104 | 104 | | disability reside in any type of residence in the community, as licensed by the state pursuant to 23 |
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| 105 | 105 | | chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community 24 |
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| 106 | 106 | | residences; 25 |
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| 107 | 107 | | (ii) A group home providing care or supervision, or both, to not more than eight (8) persons 26 |
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| 108 | 108 | | with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1; 27 |
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| 109 | 109 | | (iii) A residence for children providing care or supervision, or both, to not more than eight 28 |
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| 110 | 110 | | (8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of 29 |
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| 111 | 111 | | title 42; 30 |
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| 112 | 112 | | (iv) A community transitional residence providing care or assistance, or both, to no more 31 |
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| 113 | 113 | | than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) 32 |
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| 114 | 114 | | persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, 33 |
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| 115 | 115 | | abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor 34 |
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| 116 | 116 | | |
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| 117 | 117 | | |
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| 118 | 118 | | LC001326/SUB A - Page 4 of 14 |
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| 119 | 119 | | more than two (2) years. Residents will have access to, and use of, all common areas, including 1 |
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| 120 | 120 | | eating areas and living rooms, and will receive appropriate social services for the purpose of 2 |
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| 121 | 121 | | fostering independence, self-sufficiency, and eventual transition to a permanent living situation. 3 |
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| 122 | 122 | | (16) Comprehensive plan. The comprehensive plan adopted and approved pursuant to 4 |
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| 123 | 123 | | chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in 5 |
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| 124 | 124 | | compliance. 6 |
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| 125 | 125 | | (17) Day care — Daycare center. Any other daycare center that is not a family daycare 7 |
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| 126 | 126 | | home. 8 |
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| 127 | 127 | | (18) Day care — Family daycare home. Any home, other than the individual’s home, in 9 |
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| 128 | 128 | | which day care in lieu of parental care or supervision is offered at the same time to six (6) or less 10 |
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| 129 | 129 | | individuals who are not relatives of the caregiver, but may not contain more than a total of eight 11 |
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| 130 | 130 | | (8) individuals receiving day care. 12 |
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| 131 | 131 | | (19) Density, residential. The number of dwelling units per unit of land. 13 |
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| 132 | 132 | | (20) Development. The construction, reconstruction, conversion, structural alteration, 14 |
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| 133 | 133 | | relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; 15 |
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| 134 | 134 | | or any change in use, or alteration or extension of the use, of land. 16 |
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| 135 | 135 | | (21) Development plan review. The process whereby authorized, local officials review the 17 |
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| 136 | 136 | | site plans, maps, and other documentation of a development to determine the compliance with the 18 |
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| 137 | 137 | | stated purposes and standards of the ordinance. 19 |
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| 138 | 138 | | (22) District. See “zoning-use district.” 20 |
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| 139 | 139 | | (23) Drainage system. A system for the removal of water from land by drains, grading, or 21 |
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| 140 | 140 | | other appropriate means. These techniques may include runoff controls to minimize erosion and 22 |
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| 141 | 141 | | sedimentation during and after construction or development; the means for preserving surface and 23 |
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| 142 | 142 | | groundwaters; and the prevention and/or alleviation of flooding. 24 |
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| 143 | 143 | | (24) Dwelling unit. A structure, or portion of a structure, providing complete, independent 25 |
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| 144 | 144 | | living facilities for one or more persons, including permanent provisions for living, sleeping, eating, 26 |
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| 145 | 145 | | cooking, and sanitation, and containing a separate means of ingress and egress. 27 |
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| 146 | 146 | | (25) Extractive industry. The extraction of minerals, including: solids, such as coal and 28 |
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| 147 | 147 | | ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes 29 |
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| 148 | 148 | | quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other 30 |
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| 149 | 149 | | preparation customarily done at the extraction site or as a part of the extractive activity. 31 |
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| 150 | 150 | | (26) Family member. A person, or persons, related by blood, marriage, or other legal 32 |
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| 151 | 151 | | means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, 33 |
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| 152 | 152 | | grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household. 34 |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | LC001326/SUB A - Page 5 of 14 |
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| 156 | 156 | | (27) Floating zone. An unmapped zoning district adopted within the ordinance that is 1 |
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| 157 | 157 | | established on the zoning map only when an application for development, meeting the zone 2 |
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| 158 | 158 | | requirements, is approved. 3 |
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| 159 | 159 | | (28) Floodplains, or Flood hazard area. As defined in § 45-22.2-4. 4 |
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| 160 | 160 | | (29) Freeboard. A factor of safety expressed in feet above the base flood elevation of a 5 |
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| 161 | 161 | | flood hazard area for purposes of floodplain management. Freeboard compensates for the many 6 |
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| 162 | 162 | | unknown factors that could contribute to flood heights, such as wave action, bridge openings, and 7 |
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| 163 | 163 | | the hydrological effect of urbanization of the watershed. 8 |
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| 164 | 164 | | (30) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3. 9 |
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| 165 | 165 | | (31) Halfway house. A residential facility for adults or children who have been 10 |
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| 166 | 166 | | institutionalized for criminal conduct and who require a group setting to facilitate the transition to 11 |
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| 167 | 167 | | a functional member of society. 12 |
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| 168 | 168 | | (32) Hardship. See § 45-24-41. 13 |
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| 169 | 169 | | (33) Historic district or historic site. As defined in § 45-22.2-4. 14 |
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| 170 | 170 | | (34) Home occupation. Any activity customarily carried out for gain by a resident, 15 |
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| 171 | 171 | | conducted as an accessory use in the resident’s dwelling unit. 16 |
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| 172 | 172 | | (35) Household. One or more persons living together in a single-dwelling unit, with 17 |
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| 173 | 173 | | common access to, and common use of, all living and eating areas and all areas and facilities for 18 |
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| 174 | 174 | | the preparation and storage of food within the dwelling unit. The term “household unit” is 19 |
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| 175 | 175 | | synonymous with the term “dwelling unit” for determining the number of units allowed within any 20 |
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| 176 | 176 | | structure on any lot in a zoning district. An individual household shall consist of any one of the 21 |
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| 177 | 177 | | following: 22 |
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| 178 | 178 | | (i) A family, which may also include servants and employees living with the family; or 23 |
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| 179 | 179 | | (ii) A person or group of unrelated persons living together. The maximum number may be 24 |
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| 180 | 180 | | set by local ordinance, but this maximum shall not be less than three (3). 25 |
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| 181 | 181 | | (36) Incentive zoning. The process whereby the local authority may grant additional 26 |
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| 182 | 182 | | development capacity in exchange for the developer’s provision of a public benefit or amenity as 27 |
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| 183 | 183 | | specified in local ordinances. 28 |
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| 184 | 184 | | (37) Infrastructure. Facilities and services needed to sustain residential, commercial, 29 |
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| 185 | 185 | | industrial, institutional, and other activities. 30 |
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| 186 | 186 | | (38) Land-development project. A project in which one or more lots, tracts, or parcels of 31 |
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| 187 | 187 | | land are developed or redeveloped as a coordinated site for one or more uses, units, or structures, 32 |
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| 188 | 188 | | including, but not limited to, planned development or cluster development for residential, 33 |
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| 189 | 189 | | commercial, institutional, recreational, open space, or mixed uses as provided in the zoning 34 |
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| 190 | 190 | | |
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| 191 | 191 | | |
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| 192 | 192 | | LC001326/SUB A - Page 6 of 14 |
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| 193 | 193 | | ordinance. 1 |
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| 194 | 194 | | (39) Lot. Either: 2 |
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| 195 | 195 | | (i) The basic development unit for determination of lot area, depth, and other dimensional 3 |
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| 196 | 196 | | regulations; or 4 |
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| 197 | 197 | | (ii) A parcel of land whose boundaries have been established by some legal instrument, 5 |
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| 198 | 198 | | such as a recorded deed or recorded map, and that is recognized as a separate legal entity for 6 |
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| 199 | 199 | | purposes of transfer of title. 7 |
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| 200 | 200 | | (40) Lot area. The total area within the boundaries of a lot, excluding any street right-of-8 |
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| 201 | 201 | | way, usually reported in acres or square feet. 9 |
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| 202 | 202 | | (41) Lot area, minimum. The smallest land area established by the local zoning ordinance 10 |
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| 203 | 203 | | upon which a use, building, or structure may be located in a particular zoning district. 11 |
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| 204 | 204 | | (42) Lot building coverage. That portion of the lot that is, or may be, covered by buildings 12 |
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| 205 | 205 | | and accessory buildings. 13 |
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| 206 | 206 | | (43) Lot depth. The distance measured from the front lot line to the rear lot line. For lots 14 |
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| 207 | 207 | | where the front and rear lot lines are not parallel, the lot depth is an average of the depth. 15 |
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| 208 | 208 | | (44) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall specify 16 |
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| 209 | 209 | | how noncontiguous frontage will be considered with regard to minimum frontage requirements. 17 |
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| 210 | 210 | | (45) Lot line. A line of record, bounding a lot, that divides one lot from another lot or from 18 |
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| 211 | 211 | | a public or private street or any other public or private space and shall include: 19 |
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| 212 | 212 | | (i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall 20 |
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| 213 | 213 | | specify the method to be used to determine the front lot line on lots fronting on more than one 21 |
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| 214 | 214 | | street, for example, corner and through lots; 22 |
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| 215 | 215 | | (ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of 23 |
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| 216 | 216 | | triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10′) in length 24 |
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| 217 | 217 | | entirely within the lot, parallel to and at a maximum distance from, the front lot line; and 25 |
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| 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 |
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| 219 | 219 | | be a street lot line, depending on requirements of the local zoning ordinance. 27 |
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| 220 | 220 | | (46) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined 28 |
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| 221 | 221 | | herein. 29 |
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| 222 | 222 | | (47) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon two 30 |
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| 223 | 223 | | (2) streets that do not intersect at the boundaries of the lot. 31 |
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| 224 | 224 | | (48) Lot width. The horizontal distance between the side lines of a lot measured at right 32 |
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| 225 | 225 | | angles to its depth along a straight line parallel to the front lot line at the minimum front setback 33 |
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| 226 | 226 | | line. 34 |
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| 227 | 227 | | |
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| 228 | 228 | | |
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| 229 | 229 | | LC001326/SUB A - Page 7 of 14 |
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| 230 | 230 | | (49) Mere inconvenience. See § 45-24-41. 1 |
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| 231 | 231 | | (50) Mixed use. A mixture of land uses within a single development, building, or tract. 2 |
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| 232 | 232 | | (51) Modification. Permission granted and administered by the zoning enforcement officer 3 |
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| 233 | 233 | | of the city or town, and pursuant to the provisions of this chapter to grant a dimensional variance 4 |
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| 234 | 234 | | other than lot area requirements from the zoning ordinance to a limited degree as determined by 5 |
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| 235 | 235 | | the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) of each of 6 |
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| 236 | 236 | | the applicable dimensional requirements. 7 |
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| 237 | 237 | | (52) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully 8 |
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| 238 | 238 | | existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with 9 |
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| 239 | 239 | | the provisions of that ordinance or amendment. Nonconformance is of only two (2) types: 10 |
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| 240 | 240 | | (i) Nonconforming by use: a lawfully established use of land, building, or structure that is 11 |
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| 241 | 241 | | not a permitted use in that zoning district. A building or structure containing more dwelling units 12 |
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| 242 | 242 | | than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or 13 |
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| 243 | 243 | | (ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance 14 |
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| 244 | 244 | | with the dimensional regulations of the zoning ordinance. Dimensional regulations include all 15 |
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| 245 | 245 | | regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building 16 |
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| 246 | 246 | | or structure containing more dwelling units than are permitted by the use regulations of a zoning 17 |
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| 247 | 247 | | ordinance is nonconforming by use; a building or structure containing a permitted number of 18 |
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| 248 | 248 | | dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per 19 |
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| 249 | 249 | | dwelling unit regulations, is nonconforming by dimension. 20 |
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| 250 | 250 | | (53) Overlay district. A district established in a zoning ordinance that is superimposed on 21 |
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| 251 | 251 | | one or more districts or parts of districts. The standards and requirements associated with an overlay 22 |
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| 252 | 252 | | district may be more or less restrictive than those in the underlying districts consistent with other 23 |
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| 253 | 253 | | applicable state and federal laws. 24 |
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| 254 | 254 | | (54) Performance standards. A set of criteria or limits relating to elements that a particular 25 |
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| 255 | 255 | | use or process must either meet or may not exceed. 26 |
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| 256 | 256 | | (55) Permitted use. A use by right that is specifically authorized in a particular zoning 27 |
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| 257 | 257 | | district. 28 |
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| 258 | 258 | | (56) Planned development. A “land-development project,” as defined in subsection (38), 29 |
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| 259 | 259 | | and developed according to plan as a single entity and containing one or more structures or uses 30 |
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| 260 | 260 | | with appurtenant common areas. 31 |
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| 261 | 261 | | (57) Plant agriculture. The growing of plants for food or fiber, to sell or consume. 32 |
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| 262 | 262 | | (58) Preapplication conference. A review meeting of a proposed development held 33 |
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| 263 | 263 | | between applicants and reviewing agencies as permitted by law and municipal ordinance, before 34 |
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| 264 | 264 | | |
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| 265 | 265 | | |
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| 266 | 266 | | LC001326/SUB A - Page 8 of 14 |
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| 267 | 267 | | formal submission of an application for a permit or for development approval. 1 |
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| 268 | 268 | | (59) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance of 2 |
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| 269 | 269 | | the required setback for the zoning district in which the lot is located that establishes the area within 3 |
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| 270 | 270 | | which the principal structure must be erected or placed. 4 |
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| 271 | 271 | | (60) Site plan. The development plan for one or more lots on which is shown the existing 5 |
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| 272 | 272 | | and/or the proposed conditions of the lot. 6 |
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| 273 | 273 | | (61) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface 7 |
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| 274 | 274 | | of the ground. 8 |
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| 275 | 275 | | (62) Special use. A regulated use that is permitted pursuant to the special-use permit issued 9 |
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| 276 | 276 | | by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a special 10 |
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| 277 | 277 | | exception. 11 |
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| 278 | 278 | | (63) Structure. A combination of materials to form a construction for use, occupancy, or 12 |
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| 279 | 279 | | ornamentation, whether installed on, above, or below the surface of land or water. 13 |
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| 280 | 280 | | (64) Substandard lot of record. Any lot lawfully existing at the time of adoption or 14 |
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| 281 | 281 | | amendment of a zoning ordinance and not in conformance with the dimensional or area provisions 15 |
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| 282 | 282 | | of that ordinance. 16 |
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| 283 | 283 | | (65) Use. The purpose or activity for which land or buildings are designed, arranged, or 17 |
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| 284 | 284 | | intended, or for which land or buildings are occupied or maintained. 18 |
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| 285 | 285 | | (66) Variance. Permission to depart from the literal requirements of a zoning ordinance. 19 |
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| 286 | 286 | | An authorization for the construction or maintenance of a building or structure, or for the 20 |
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| 287 | 287 | | establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There are 21 |
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| 288 | 288 | | only two (2) categories of variance, a use variance or a dimensional variance. 22 |
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| 289 | 289 | | (i) Use variance. Permission to depart from the use requirements of a zoning ordinance 23 |
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| 290 | 290 | | where the applicant for the requested variance has shown by evidence upon the record that the 24 |
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| 291 | 291 | | subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the 25 |
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| 292 | 292 | | zoning ordinance. 26 |
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| 293 | 293 | | (ii) Dimensional variance. Permission to depart from the dimensional requirements of a 27 |
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| 294 | 294 | | zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the 28 |
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| 295 | 295 | | record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use 29 |
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| 296 | 296 | | of the subject property unless granted the requested relief from the dimensional regulations. 30 |
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| 297 | 297 | | However, the fact that a use may be more profitable or that a structure may be more valuable after 31 |
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| 298 | 298 | | the relief is granted are not grounds for relief. 32 |
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| 299 | 299 | | (67) Waters. As defined in § 46-12-1(23). 33 |
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| 300 | 300 | | (68) Wetland, coastal. As defined in § 45-22.2-4. 34 |
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| 301 | 301 | | |
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| 302 | 302 | | |
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| 303 | 303 | | LC001326/SUB A - Page 9 of 14 |
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| 304 | 304 | | (69) Wetland, freshwater. As defined in § 2-1-20. 1 |
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| 305 | 305 | | (70) Zoning certificate. A document signed by the zoning-enforcement officer, as required 2 |
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| 306 | 306 | | in the zoning ordinance, that acknowledges that a use, structure, building, or lot either complies 3 |
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| 307 | 307 | | with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or is an 4 |
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| 308 | 308 | | authorized variance or modification therefrom. 5 |
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| 309 | 309 | | (71) Zoning map. The map, or maps, that are a part of the zoning ordinance and that 6 |
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| 310 | 310 | | delineate the boundaries of all mapped zoning districts within the physical boundary of the city or 7 |
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| 311 | 311 | | town. 8 |
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| 312 | 312 | | (72) Zoning ordinance. An ordinance enacted by the legislative body of the city or town 9 |
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| 313 | 313 | | pursuant to this chapter and in the manner providing for the adoption of ordinances in the city or 10 |
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| 314 | 314 | | town’s legislative or home rule charter, if any, that establish regulations and standards relating to 11 |
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| 315 | 315 | | the nature and extent of uses of land and structures; that is consistent with the comprehensive plan 12 |
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| 316 | 316 | | of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that 13 |
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| 317 | 317 | | complies with the provisions of this chapter. 14 |
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| 318 | 318 | | (73) Zoning-use district. The basic unit in zoning, either mapped or unmapped, to which 15 |
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| 319 | 319 | | a uniform set of regulations applies, or a uniform set of regulations for a specified use. Zoning-use 16 |
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| 320 | 320 | | districts include, but are not limited to: agricultural, commercial, industrial, institutional, open 17 |
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| 321 | 321 | | space, and residential. Each district may include sub-districts. Districts may be combined. 18 |
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| 322 | 322 | | 45-24-37. General provisions — Permitted uses. 19 |
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| 323 | 323 | | (a) The zoning ordinance shall provide a listing of all land uses and/or performance 20 |
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| 324 | 324 | | standards for uses that are permitted within the zoning use districts of the municipality. The 21 |
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| 325 | 325 | | ordinance may provide for a procedure under which a proposed land use that is not specifically 22 |
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| 326 | 326 | | listed may be presented by the property owner to the zoning board of review or to a local official 23 |
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| 327 | 327 | | or agency charged with administration and enforcement of the ordinance for an evaluation and 24 |
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| 328 | 328 | | determination of whether the proposed use is of a similar type, character, and intensity as a listed 25 |
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| 329 | 329 | | permitted use. Upon such determination, the proposed use may be considered to be a permitted use. 26 |
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| 330 | 330 | | (b) Notwithstanding any other provision of this chapter, the following uses are permitted 27 |
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| 331 | 331 | | uses within all residential zoning use districts of a municipality and all industrial and commercial 28 |
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| 332 | 332 | | zoning use districts except where residential use is prohibited for public health or safety reasons: 29 |
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| 333 | 333 | | (1) Households; 30 |
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| 334 | 334 | | (2) Community residences; and 31 |
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| 335 | 335 | | (3) Family daycare homes. 32 |
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| 336 | 336 | | (c) Any time a building or other structure used for residential purposes, or a portion of a 33 |
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| 337 | 337 | | building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire 34 |
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| 338 | 338 | | |
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| 339 | 339 | | |
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| 340 | 340 | | LC001326/SUB A - Page 10 of 14 |
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| 341 | 341 | | or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured home, 1 |
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| 342 | 342 | | or homes, as the need may be, elsewhere upon the land, for use and occupancy of the former 2 |
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| 343 | 343 | | occupants for a period of up to twelve (12) months, or until the building or structure is rehabilitated 3 |
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| 344 | 344 | | and otherwise made fit for occupancy. The property owner, or a properly designated agent of the 4 |
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| 345 | 345 | | owner, is only allowed to cause the mobile and manufactured home, or homes, to remain 5 |
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| 346 | 346 | | temporarily upon the land by making timely application to the local building official for the 6 |
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| 347 | 347 | | purposes of obtaining the necessary permits to repair or rebuild the structure. 7 |
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| 348 | 348 | | (d) Notwithstanding any other provision of this chapter, appropriate access for people with 8 |
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| 349 | 349 | | disabilities to residential structures is allowed as a reasonable accommodation for any person(s) 9 |
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| 350 | 350 | | residing, or intending to reside, in the residential structure. 10 |
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| 351 | 351 | | (e) Notwithstanding any other provision of this chapter, an accessory dwelling unit in an 11 |
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| 352 | 352 | | owner-occupied residence that complies with ("ADU") that meets the requirements of §§ 45-24-31 12 |
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| 353 | 353 | | and 45-24-73(a) shall be a permitted as a reasonable accommodation for family members with 13 |
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| 354 | 354 | | disabilities or who are sixty-two (62) years of age or older, or to accommodate other family 14 |
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| 355 | 355 | | members use in all residential zoning districts. An ADU which meets the requirements of §§ 45-15 |
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| 356 | 356 | | 24-31 and 45-24-73(a) shall be permitted through an administrative building permit process only. 16 |
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| 357 | 357 | | (f) When used in this section the terms “people with disabilities” or “member, or members, 17 |
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| 358 | 358 | | with disabilities” means a person(s) who has a physical or mental impairment that substantially 18 |
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| 359 | 359 | | limits one or more major life activities, as defined in § 42-87-1(7). 19 |
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| 360 | 360 | | (g) Notwithstanding any other provisions of this chapter, plant agriculture is a permitted 20 |
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| 361 | 361 | | use within all zoning districts of a municipality, including all industrial and commercial zoning 21 |
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| 362 | 362 | | districts, except where prohibited for public health or safety reasons or the protection of wildlife 22 |
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| 363 | 363 | | habitat. 23 |
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| 364 | 364 | | 45-24-73. Consistent statewide treatment of accessory dwelling units required. Design 24 |
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| 365 | 365 | | standards required for accessory dwelling units; Consistent statewide treatment of accessory 25 |
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| 366 | 366 | | dwelling units required. 26 |
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| 367 | 367 | | (a) Any municipality that chooses to permit accessory dwelling units (ADUs) within the 27 |
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| 368 | 368 | | municipality, shall not impose any excessive restrictions on accessory dwelling units (ADUs). 28 |
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| 369 | 369 | | More specifically, a municipality that permits ADUs shall not: 29 |
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| 370 | 370 | | Pursuant to § 45-24-37, one accessory dwelling unit (ADU) shall be allowed by right under 30 |
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| 371 | 371 | | the following circumstances: 31 |
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| 372 | 372 | | (1) On an owner-occupied property as a reasonable accommodation for family members 32 |
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| 373 | 373 | | with disabilities; or 33 |
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| 374 | 374 | | (2) On a lot with a total lot area of twenty thousand square feet (20,000 sq. ft.) or more for 34 |
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| 375 | 375 | | |
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| 376 | 376 | | |
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| 377 | 377 | | LC001326/SUB A - Page 11 of 14 |
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| 378 | 378 | | which the primary use is residential; or 1 |
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| 379 | 379 | | (3) Where the proposed ADU is located within the existing footprint of the primary 2 |
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| 380 | 380 | | structure or existing accessory attached or detached structure and does not expand the footprint of 3 |
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| 381 | 381 | | the structure. 4 |
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| 382 | 382 | | (b) Uniform standards. 5 |
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| 383 | 383 | | (1) A municipality may establish a maximum unit size for an ADU but such limitation must 6 |
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| 384 | 384 | | allow, subject to applicable dimensional requirements: 7 |
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| 385 | 385 | | (i) A studio or one bedroom ADU of at least nine hundred square feet (900 sq. ft), or sixty 8 |
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| 386 | 386 | | percent (60%) of the floor area of the principal dwelling, whichever is less; and 9 |
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| 387 | 387 | | (ii) A two (2) bedroom ADU of at least twelve hundred square feet (1,200 sq. ft.), or sixty 10 |
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| 388 | 388 | | percent (60%) of the floor area of the principal dwelling, whichever is less. 11 |
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| 389 | 389 | | (2) For all ADU applications, a municipality shall not: 12 |
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| 390 | 390 | | (1)(i) Restrict tenants based on familial relationship relationships or age unless such 13 |
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| 391 | 391 | | restriction is necessary to comply with the terms of the federal subsidy related to affordability; 14 |
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| 392 | 392 | | (2)(ii) Charge unique or unreasonable application or permitting fees for the creation of an 15 |
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| 393 | 393 | | ADU that exceed those that would be charged for a new single family dwelling; 16 |
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| 394 | 394 | | (3)(iii) Require infrastructure improvements in connection with the ADU, including, but 17 |
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| 395 | 395 | | not limited to, separate water or sewer service lines or expanded septic system capacity; provided, 18 |
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| 396 | 396 | | however, municipalities may require modification unless such improvements and/or modifications 19 |
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| 397 | 397 | | are required by an applicable state agency for compliance under state law or regulation, or to 20 |
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| 398 | 398 | | comply with building code requirements, or to address capacity or upgrades necessary to 21 |
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| 399 | 399 | | accommodate the ADU; 22 |
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| 400 | 400 | | (4)(iv) Discriminate against populations protected under state and federal fair housing 23 |
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| 401 | 401 | | laws; 24 |
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| 402 | 402 | | (5)(v) Impose unreasonable dimensional requirements or other development standards on 25 |
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| 403 | 403 | | ADUs that effectively preclude their development or utilization in any instance exceed the 26 |
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| 404 | 404 | | requirements for an accessory structure in the same zoning district; 27 |
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| 405 | 405 | | (6)(vi) Require a larger minimum lot size for a property with an ADU over that required 28 |
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| 406 | 406 | | for a property without an ADU in the same zone additional lot area, lot frontage or lot width for 29 |
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| 407 | 407 | | conforming lots or legal nonconforming lots of record solely to accommodate an ADU; 30 |
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| 408 | 408 | | (vii) Require zoning relief for ADU applications proposed within an existing footprint of 31 |
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| 409 | 409 | | the primary or accessory structure which is a legal nonconforming structure in order to address the 32 |
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| 410 | 410 | | existing dimensional nonconformity; 33 |
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| 411 | 411 | | (7)(viii) Require more than one off-street parking space beyond what is already required 34 |
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| 412 | 412 | | |
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| 413 | 413 | | |
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| 414 | 414 | | LC001326/SUB A - Page 12 of 14 |
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| 415 | 415 | | for the primary use; or per bedroom of the ADU; 1 |
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| 416 | 416 | | (8)(ix) Limit ADUs to lots with preexisting homes; provided, a municipality shall allow 2 |
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| 417 | 417 | | ADUs dwellings, or otherwise prohibit ADUs as part of applications for new primary dwelling 3 |
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| 418 | 418 | | units or subdivisions.; 4 |
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