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Rhode Island House Bill H6090

Rhode Island 2023 Regular Session

Rhode Island House Bill H6090 Compare Versions

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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO TOWNS AN D CITIES -- ZONING ORDINANCES
1616 Introduced By: Representatives Alzate, Shekarchi, Tanzi, Donovan, Shallcross Smith,
1717 and McNamara
1818 Date Introduced: March 03, 2023
1919 Referred To: House Municipal Government & Housing
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Sections 45-24-31 and 45-24-37 of the General Laws in Chapter 45-24 1
2424 entitled "Zoning Ordinances" are hereby amended to read as follows: 2
2525 45-24-31. Definitions. 3
2626 Where words or terms used in this chapter are defined in § 45-22.2-4 or 45-23-32, they 4
2727 have the meanings stated in that section. In addition, the following words have the following 5
2828 meanings. Additional words and phrases may be used in developing local ordinances under this 6
2929 chapter; however, the words and phrases defined in this section are controlling in all local 7
3030 ordinances created under this chapter: 8
3131 (1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with 9
3232 no intervening land. 10
3333 (2) Accessory dwelling unit (ADU). A residential living unit on the same parcel where the 11
3434 primary use is a legally established single-unit or multi-unit dwelling. An ADU provides complete 12
3535 independent living facilities for one or more persons. It may take various forms including, but not 13
3636 limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; 14
3737 or a unit that is part of an expanded or remodeled primary dwelling. 15
3838 (3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental 16
3939 and subordinate to the principal use of the land or building. An accessory use may be restricted to 17
4040 the same lot as the principal use. An accessory use shall not be permitted without the principal use 18
4141 to which it is related. 19
4242
4343
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4545 (4) Adaptive reuse. "adaptive reuse," as defined in § 42-64.22-2. 1
4646 (4)(5) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be: 2
4747 (i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her, 3
4848 or its property will be injured by a decision of any officer or agency responsible for administering 4
4949 the zoning ordinance of a city or town; or 5
5050 (ii) Anyone requiring notice pursuant to this chapter. 6
5151 (5)(6) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4. 7
5252 (6)(7) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2. 8
5353 (7)(8) Applicant. An owner, or authorized agent of the owner, submitting an application 9
5454 or appealing an action of any official, board, or agency. 10
5555 (8)(9) Application. The completed form, or forms, and all accompanying documents, 11
5656 exhibits, and fees required of an applicant by an approving authority for development review, 12
5757 approval, or permitting purposes. 13
5858 (9)(10) Buffer. Land that is maintained in either a natural or landscaped state, and is used 14
5959 to screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-15
6060 way. 16
6161 (10)(11) Building. Any structure used or intended for supporting or sheltering any use or 17
6262 occupancy. 18
6363 (11)(12) Building envelope. The three-dimensional space within which a structure is 19
6464 permitted to be built on a lot and that is defined by regulations governing building setbacks, 20
6565 maximum height, and bulk; by other regulations; or by any combination thereof. 21
6666 (12)(13) Building height. For a vacant parcel of land, building height shall be measured 22
6767 from the average, existing-grade elevation where the foundation of the structure is proposed. For 23
6868 an existing structure, building height shall be measured from average grade taken from the 24
6969 outermost four (4) corners of the existing foundation. In all cases, building height shall be measured 25
7070 to the top of the highest point of the existing or proposed roof or structure. This distance shall 26
7171 exclude spires, chimneys, flag poles, and the like. For any property or structure located in a special 27
7272 flood hazard area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted 28
7373 on the Rhode Island coastal resources management council (CRMC) suggested design elevation 29
7474 three foot (3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-30
7575 year (100) storm, the greater of the following amounts, expressed in feet, shall be excluded from 31
7676 the building height calculation: 32
7777 (i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or 33
7878 proposed freeboard, less the average existing grade elevation; or 34
7979
8080
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8282 (ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a 1
8383 one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate 2
8484 the appropriate suggested design elevation map for the exclusion every ten (10) years, or as 3
8585 otherwise necessary. 4
8686 (13)(14) Cluster. A site-planning technique that concentrates buildings in specific areas 5
8787 on the site to allow the remaining land to be used for recreation, common open space, and/or 6
8888 preservation of environmentally, historically, culturally, or other sensitive features and/or 7
8989 structures. The techniques used to concentrate buildings shall be specified in the ordinance and may 8
9090 include, but are not limited to, reduction in lot areas, setback requirements, and/or bulk 9
9191 requirements, with the resultant open land being devoted by deed restrictions for one or more uses. 10
9292 Under cluster development, there is no increase in the number of lots that would be permitted under 11
9393 conventional development except where ordinance provisions include incentive bonuses for certain 12
9494 types or conditions of development. 13
9595 (14)(15) Common ownership. Either: 14
9696 (i) Ownership by one or more individuals or entities in any form of ownership of two (2) 15
9797 or more contiguous lots; or 16
9898 (ii) Ownership by any association (ownership may also include a municipality) of one or 17
9999 more lots under specific development techniques. 18
100100 (15)(16) Community residence. A home or residential facility where children and/or adults 19
101101 reside in a family setting and may or may not receive supervised care. This does not include halfway 20
102102 houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the 21
103103 following: 22
104104 (i) Whenever six (6) or fewer children or adults with intellectual and/or developmental 23
105105 disability reside in any type of residence in the community, as licensed by the state pursuant to 24
106106 chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community 25
107107 residences; 26
108108 (ii) A group home providing care or supervision, or both, to not more than eight (8) persons 27
109109 with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1; 28
110110 (iii) A residence for children providing care or supervision, or both, to not more than eight 29
111111 (8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of 30
112112 title 42; 31
113113 (iv) A community transitional residence providing care or assistance, or both, to no more 32
114114 than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) 33
115115 persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, 34
116116
117117
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119119 abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor 1
120120 more than two (2) years. Residents will have access to, and use of, all common areas, including 2
121121 eating areas and living rooms, and will receive appropriate social services for the purpose of 3
122122 fostering independence, self-sufficiency, and eventual transition to a permanent living situation. 4
123123 (16)(17) Comprehensive plan. The comprehensive plan adopted and approved pursuant to 5
124124 chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in 6
125125 compliance. 7
126126 (17)(18) Day care — Daycare center. Any other daycare center that is not a family daycare 8
127127 home. 9
128128 (18)(19) Day care — Family daycare home. Any home, other than the individual’s home, 10
129129 in which day care in lieu of parental care or supervision is offered at the same time to six (6) or less 11
130130 individuals who are not relatives of the caregiver, but may not contain more than a total of eight 12
131131 (8) individuals receiving day care. 13
132132 (19)(20) Density, residential. The number of dwelling units per unit of land. 14
133133 (20)(21) Development. The construction, reconstruction, conversion, structural alteration, 15
134134 relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; 16
135135 or any change in use, or alteration or extension of the use, of land. 17
136136 (21)(22) Development plan review. The process whereby authorized, local officials review 18
137137 the site plans, maps, and other documentation of a development to determine the compliance with 19
138138 the stated purposes and standards of the ordinance. 20
139139 (22)(23) District. See “zoning-use district.” 21
140140 (23)(24) Drainage system. A system for the removal of water from land by drains, grading, 22
141141 or other appropriate means. These techniques may include runoff controls to minimize erosion and 23
142142 sedimentation during and after construction or development; the means for preserving surface and 24
143143 groundwaters; and the prevention and/or alleviation of flooding. 25
144144 (24)(25) Dwelling unit. A structure, or portion of a structure, providing complete, 26
145145 independent living facilities for one or more persons, including permanent provisions for living, 27
146146 sleeping, eating, cooking, and sanitation, and containing a separate means of ingress and egress. 28
147147 (25)(26) Extractive industry. The extraction of minerals, including: solids, such as coal 29
148148 and ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes 30
149149 quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other 31
150150 preparation customarily done at the extraction site or as a part of the extractive activity. 32
151151 (26)(27) Family member. A person, or persons, related by blood, marriage, or other legal 33
152152 means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, 34
153153
154154
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156156 grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household. 1
157157 (27)(28) Floating zone. An unmapped zoning district adopted within the ordinance that is 2
158158 established on the zoning map only when an application for development, meeting the zone 3
159159 requirements, is approved. 4
160160 (28)(29) Floodplains, or Flood hazard area. As defined in § 45-22.2-4. 5
161161 (29)(30) Freeboard. A factor of safety expressed in feet above the base flood elevation of 6
162162 a flood hazard area for purposes of floodplain management. Freeboard compensates for the many 7
163163 unknown factors that could contribute to flood heights, such as wave action, bridge openings, and 8
164164 the hydrological effect of urbanization of the watershed. 9
165165 (30)(31) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3. 10
166166 (31)(32) Halfway house. A residential facility for adults or children who have been 11
167167 institutionalized for criminal conduct and who require a group setting to facilitate the transition to 12
168168 a functional member of society. 13
169169 (32)(33) Hardship. See § 45-24-41. 14
170170 (33)(34) Historic district or historic site. As defined in § 45-22.2-4. 15
171171 (34)(35) Home occupation. Any activity customarily carried out for gain by a resident, 16
172172 conducted as an accessory use in the resident’s dwelling unit. 17
173173 (35)(36) Household. One or more persons living together in a single-dwelling unit, with 18
174174 common access to, and common use of, all living and eating areas and all areas and facilities for 19
175175 the preparation and storage of food within the dwelling unit. The term “household unit” is 20
176176 synonymous with the term “dwelling unit” for determining the number of units allowed within any 21
177177 structure on any lot in a zoning district. An individual household shall consist of any one of the 22
178178 following: 23
179179 (i) A family, which may also include servants and employees living with the family; or 24
180180 (ii) A person or group of unrelated persons living together. The maximum number may be 25
181181 set by local ordinance, but this maximum shall not be less than three (3). 26
182182 (36)(37) Incentive zoning. The process whereby the local authority may grant additional 27
183183 development capacity in exchange for the developer’s provision of a public benefit or amenity as 28
184184 specified in local ordinances. 29
185185 (37)(38) Infrastructure. Facilities and services needed to sustain residential, commercial, 30
186186 industrial, institutional, and other activities. 31
187187 (38)(39) Land-development project. A project in which one or more lots, tracts, or parcels 32
188188 of land are developed or redeveloped as a coordinated site for one or more uses, units, or structures, 33
189189 including, but not limited to, planned development or cluster development for residential, 34
190190
191191
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193193 commercial, institutional, recreational, open space, or mixed uses as provided in the zoning 1
194194 ordinance. 2
195195 (39)(40) Lot. Either: 3
196196 (i) The basic development unit for determination of lot area, depth, and other dimensional 4
197197 regulations; or 5
198198 (ii) A parcel of land whose boundaries have been established by some legal instrument, 6
199199 such as a recorded deed or recorded map, and that is recognized as a separate legal entity for 7
200200 purposes of transfer of title. 8
201201 (40)(41) Lot area. The total area within the boundaries of a lot, excluding any street right-9
202202 of-way, usually reported in acres or square feet. 10
203203 (41)(42) Lot area, minimum. The smallest land area established by the local zoning 11
204204 ordinance upon which a use, building, or structure may be located in a particular zoning district. 12
205205 (42)(43) Lot building coverage. That portion of the lot that is, or may be, covered by 13
206206 buildings and accessory buildings. 14
207207 (43)(44) Lot depth. The distance measured from the front lot line to the rear lot line. For 15
208208 lots where the front and rear lot lines are not parallel, the lot depth is an average of the depth. 16
209209 (44)(45) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall 17
210210 specify how noncontiguous frontage will be considered with regard to minimum frontage 18
211211 requirements. 19
212212 (45)(46) Lot line. A line of record, bounding a lot, that divides one lot from another lot or 20
213213 from a public or private street or any other public or private space and shall include: 21
214214 (i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall 22
215215 specify the method to be used to determine the front lot line on lots fronting on more than one 23
216216 street, for example, corner and through lots; 24
217217 (ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of 25
218218 triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10′) in length 26
219219 entirely within the lot, parallel to and at a maximum distance from, the front lot line; and 27
220220 (iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may 28
221221 be a street lot line, depending on requirements of the local zoning ordinance. 29
222222 (46)(47) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined 30
223223 herein. 31
224224 (47)(48) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon 32
225225 two (2) streets that do not intersect at the boundaries of the lot. 33
226226 (48)(49) Lot width. The horizontal distance between the side lines of a lot measured at 34
227227
228228
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230230 right angles to its depth along a straight line parallel to the front lot line at the minimum front 1
231231 setback line. 2
232232 (49)(50) Mere inconvenience. See § 45-24-41. 3
233233 (50)(51) Mixed use. A mixture of land uses within a single development, building, or tract. 4
234234 (51)(52) Modification. Permission granted and administered by the zoning enforcement 5
235235 officer of the city or town, and pursuant to the provisions of this chapter to grant a dimensional 6
236236 variance other than lot area requirements from the zoning ordinance to a limited degree as 7
237237 determined by the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) 8
238238 of each of the applicable dimensional requirements. 9
239239 (52)(53) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully 10
240240 existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with 11
241241 the provisions of that ordinance or amendment. Nonconformance is of only two (2) types: 12
242242 (i) Nonconforming by use: a lawfully established use of land, building, or structure that is 13
243243 not a permitted use in that zoning district. A building or structure containing more dwelling units 14
244244 than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or 15
245245 (ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance 16
246246 with the dimensional regulations of the zoning ordinance. Dimensional regulations include all 17
247247 regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building 18
248248 or structure containing more dwelling units than are permitted by the use regulations of a zoning 19
249249 ordinance is nonconforming by use; a building or structure containing a permitted number of 20
250250 dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per 21
251251 dwelling unit regulations, is nonconforming by dimension. 22
252252 (53)(54) Overlay district. A district established in a zoning ordinance that is superimposed 23
253253 on one or more districts or parts of districts. The standards and requirements associated with an 24
254254 overlay district may be more or less restrictive than those in the underlying districts consistent with 25
255255 other applicable state and federal laws. 26
256256 (54)(55) Performance standards. A set of criteria or limits relating to elements that a 27
257257 particular use or process must either meet or may not exceed. 28
258258 (55)(56) Permitted use. A use by right that is specifically authorized in a particular zoning 29
259259 district. 30
260260 (56)(57) Planned development. A “land-development project,” as defined in subsection 31
261261 (38), and developed according to plan as a single entity and containing one or more structures or 32
262262 uses with appurtenant common areas. 33
263263 (57)(58) Plant agriculture. The growing of plants for food or fiber, to sell or consume. 34
264264
265265
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267267 (58)(59) Preapplication conference. A review meeting of a proposed development held 1
268268 between applicants and reviewing agencies as permitted by law and municipal ordinance, before 2
269269 formal submission of an application for a permit or for development approval. 3
270270 (59)(60) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance 4
271271 of the required setback for the zoning district in which the lot is located that establishes the area 5
272272 within which the principal structure must be erected or placed. 6
273273 (60)(61) Site plan. The development plan for one or more lots on which is shown the 7
274274 existing and/or the proposed conditions of the lot. 8
275275 (61)(62) Slope of land. The grade, pitch, rise, or incline of the topographic landform or 9
276276 surface of the ground. 10
277277 (62)(63) Special use. A regulated use that is permitted pursuant to the special-use permit 11
278278 issued by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a 12
279279 special exception. 13
280280 (63)(64) Structure. A combination of materials to form a construction for use, occupancy, 14
281281 or ornamentation, whether installed on, above, or below the surface of land or water. 15
282282 (64)(65) Substandard lot of record. Any lot lawfully existing at the time of adoption or 16
283283 amendment of a zoning ordinance and not in conformance with the dimensional or area provisions 17
284284 of that ordinance. 18
285285 (65)(66) Use. The purpose or activity for which land or buildings are designed, arranged, 19
286286 or intended, or for which land or buildings are occupied or maintained. 20
287287 (66)(67) Variance. Permission to depart from the literal requirements of a zoning 21
288288 ordinance. An authorization for the construction or maintenance of a building or structure, or for 22
289289 the establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There 23
290290 are only two (2) categories of variance, a use variance or a dimensional variance. 24
291291 (i) Use variance. Permission to depart from the use requirements of a zoning ordinance 25
292292 where the applicant for the requested variance has shown by evidence upon the record that the 26
293293 subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the 27
294294 zoning ordinance. 28
295295 (ii) Dimensional variance. Permission to depart from the dimensional requirements of a 29
296296 zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the 30
297297 record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use 31
298298 of the subject property unless granted the requested relief from the dimensional regulations. 32
299299 However, the fact that a use may be more profitable or that a structure may be more valuable after 33
300300 the relief is granted are not grounds for relief. 34
301301
302302
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304304 (67)(68) Waters. As defined in § 46-12-1(23). 1
305305 (68)(69) Wetland, coastal. As defined in § 45-22.2-4. 2
306306 (69)(70) Wetland, freshwater. As defined in § 2-1-20. 3
307307 (70)(71) Zoning certificate. A document signed by the zoning-enforcement officer, as 4
308308 required in the zoning ordinance, that acknowledges that a use, structure, building, or lot either 5
309309 complies with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or 6
310310 is an authorized variance or modification therefrom. 7
311311 (71)(72) Zoning map. The map, or maps, that are a part of the zoning ordinance and that 8
312312 delineate the boundaries of all mapped zoning districts within the physical boundary of the city or 9
313313 town. 10
314314 (72)(73) Zoning ordinance. An ordinance enacted by the legislative body of the city or 11
315315 town pursuant to this chapter and in the manner providing for the adoption of ordinances in the city 12
316316 or town’s legislative or home rule charter, if any, that establish regulations and standards relating 13
317317 to the nature and extent of uses of land and structures; that is consistent with the comprehensive 14
318318 plan of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that 15
319319 complies with the provisions of this chapter. 16
320320 (73)(74) Zoning-use district. The basic unit in zoning, either mapped or unmapped, to 17
321321 which a uniform set of regulations applies, or a uniform set of regulations for a specified use. 18
322322 Zoning-use districts include, but are not limited to: agricultural, commercial, industrial, 19
323323 institutional, open space, and residential. Each district may include sub-districts. Districts may be 20
324324 combined. 21
325325 45-24-37. General provisions — Permitted uses. 22
326326 (a) The zoning ordinance shall provide a listing of all land uses and/or performance 23
327327 standards for uses that are permitted within the zoning use districts of the municipality. The 24
328328 ordinance may provide for a procedure under which a proposed land use that is not specifically 25
329329 listed may be presented by the property owner to the zoning board of review or to a local official 26
330330 or agency charged with administration and enforcement of the ordinance for an evaluation and 27
331331 determination of whether the proposed use is of a similar type, character, and intensity as a listed 28
332332 permitted use. Upon such determination, the proposed use may be considered to be a permitted use. 29
333333 (b) Notwithstanding any other provision of this chapter, the following uses are permitted 30
334334 uses within all residential zoning use districts of a municipality and all industrial and commercial 31
335335 zoning use districts except where residential use is prohibited for public health or safety reasons: 32
336336 (1) Households; 33
337337 (2) Community residences; and 34
338338
339339
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341341 (3) Family daycare homes. 1
342342 (c) Any time a building or other structure used for residential purposes, or a portion of a 2
343343 building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire 3
344344 or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured home, 4
345345 or homes, as the need may be, elsewhere upon the land, for use and occupancy of the former 5
346346 occupants for a period of up to twelve (12) months, or until the building or structure is rehabilitated 6
347347 and otherwise made fit for occupancy. The property owner, or a properly designated agent of the 7
348348 owner, is only allowed to cause the mobile and manufactured home, or homes, to remain 8
349349 temporarily upon the land by making timely application to the local building official for the 9
350350 purposes of obtaining the necessary permits to repair or rebuild the structure. 10
351351 (d) Notwithstanding any other provision of this chapter, appropriate access for people with 11
352352 disabilities to residential structures is allowed as a reasonable accommodation for any person(s) 12
353353 residing, or intending to reside, in the residential structure. 13
354354 (e) Notwithstanding any other provision of this chapter, an accessory dwelling unit in an 14
355355 owner-occupied residence that complies with §§ 45-24-31 and 45-24-73 shall be permitted as a 15
356356 reasonable accommodation for family members with disabilities or who are sixty-two (62) years of 16
357357 age or older, or to accommodate other family members. 17
358358 (f) When used in this section the terms “people with disabilities” or “member, or members, 18
359359 with disabilities” means a person(s) who has a physical or mental impairment that substantially 19
360360 limits one or more major life activities, as defined in § 42-87-1(7). 20
361361 (g) Notwithstanding any other provisions of this chapter, plant agriculture is a permitted 21
362362 use within all zoning districts of a municipality, including all industrial and commercial zoning 22
363363 districts, except where prohibited for public health or safety reasons or the protection of wildlife 23
364364 habitat. 24
365-(h)(1) Adaptive reuse. Notwithstanding any other provisions of this chapter, adaptive reuse 25
366-for the conversion of any commercial building, including offices, schools, religious facilities, 26
367-medical buildings, and malls into residential units or mixed use developments which include the 27
368-development of at least fifty percent (50%) of the existing gross floor area into residential units, 28
369-shall be a permitted use and allowed by specific and objective provisions of a zoning ordinance, 29
370-except where such is prohibited by environmental land use restrictions recorded on the property by 30
371-the state of Rhode Island department of environmental management or the United States 31
372-Environmental Protection Agency preventing the conversion to residential use. 32
373-(i) The specific zoning ordinance provisions for adaptive reuse shall exempt adaptive reuse 33
374-developments from off-street parking requirements of over one space per dwelling unit. 34
365+(h)(1) Notwithstanding any other provisions of this chapter, adaptive reuse for the 25
366+conversion of any commercial building, including offices, schools, religious facilities, medical 26
367+buildings, and malls into residential units or mixed use developments which include the 27
368+development of fifty percent (50%) of the existing footprint into residential units, shall be a 28
369+permitted use and allowed by specific and objective provisions of a zoning ordinance, except where 29
370+such is prohibited by environmental land use restrictions preventing the conversion to residential 30
371+use. Such specific zoning ordinance provisions shall exempt adaptive reuse developments from 31
372+parking requirements of over one per dwelling unit and shall allow for high density development 32
373+of at least fifteen (15) units per acre (DU/A) where development is: 33
374+(i) Limited to the existing footprint; and 34
375375
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378-(ii) Density. (A) For projects that meet the following criteria, zoning ordinances shall allow 1
379-for high density development and shall not limit the density to less than fifteen (15) dwelling units 2
380-per acre: 3
381-(I) Where the project is limited to the existing footprint, except that the footprint is allowed 4
382-to be expanded to accommodate upgrades related to the building and fire codes and utilities; and 5
383-(II) The development includes at least twenty percent (20%) low- and moderate-income 6
384-housing; and 7
385-(III) The development has access to public sewer and water service or has access to 8
386-adequate private water, such as a well and and/or wastewater treatment system(s) approved by the 9
387-relevant state agency for the entire development as applicable. 10
388-(B) For all other adaptive reuse projects, the residential density permitted in the converted 11
389-structure shall be the maximum allowed that otherwise meets all standards of minimum housing 12
390-and has access to public sewer and water service or has access to adequate private water, such as a 13
391-well, and wastewater treatment system(s) approved by the relevant state agency for the entire 14
392-development, as applicable, The density proposed shall be determined to meet all public health and 15
393-safety standards. 16
394-(iii) Notwithstanding any other provisions of this chapter, for adaptive reuse projects, 17
395-existing building setbacks shall remain and shall be considered legal nonconforming, but no 18
396-additional encroachments shall be permitted into any nonconforming setback, unless otherwise 19
397-allowed by zoning ordinance or relief is granted by the applicable authority. 20
398-(iv) For adaptive reuse projects, notwithstanding any other provisions of this chapter, the 21
399-height of the existing structure, if it exceeds the maximum height of the zoning district, may remain 22
400-and shall be considered legal nonconforming, and any rooftop construction shall be included within 23
401-the height exemption 24
402-SECTION 2. This act shall take effect on January 1, 2024. 25
377+LC002438 - Page 11 of 12
378+(ii) The development includes low- and moderate-income housing. 1
379+(2) For adaptive reuse projects, notwithstanding any other provisions of this chapter, 2
380+existing building setbacks may remain and shall be considered legal nonconforming, but no further 3
381+encroachments shall be permitted into any nonconforming setback. 4
382+(3) For adaptive reuse projects, notwithstanding any other provisions of this chapter, the 5
383+height of the existing structure, if it exceeds the maximum height of the zoning district, may remain 6
384+and shall be considered legal nonconforming, and any rooftop construction shall be included within 7
385+the height exemption 8
386+SECTION 2. This act shall take effect upon passage. 9
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409393 EXPLANATION
410394 BY THE LEGISLATIVE COUNCIL
411395 OF
412396 A N A C T
413397 RELATING TO TOWNS AN D CITIES -- ZONING ORDINANCES
414398 ***
415399 This act would provide that adaptive reuse for the conversion of commercial property into 1
416400 residential or mixed-use developments shall be a permitted use and allowable by specific and 2
417401 objective provisions of a zoning ordinance, subject to certain restrictions. 3
418-This act would take effect on January 1, 2024. 4
402+This act would take effect upon passage. 4
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