2023 -- H 6090 SUBSTITUTE A
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LC002438/SUB A/2
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
____________
A N A C T
RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES
Introduced By: Representatives Alzate, Shekarchi, Tanzi, Donovan, Shallcross Smith,
and McNamara
Date Introduced: March 03, 2023
Referred To: House Municipal Government & Housing
It is enacted by the General Assembly as follows:
SECTION 1. Sections 45-24-31 and 45-24-37 of the General Laws in Chapter 45-24 1
entitled "Zoning Ordinances" are hereby amended to read as follows: 2
45-24-31. Definitions. 3
Where words or terms used in this chapter are defined in § 45-22.2-4 or 45-23-32, they 4
have the meanings stated in that section. In addition, the following words have the following 5
meanings. Additional words and phrases may be used in developing local ordinances under this 6
chapter; however, the words and phrases defined in this section are controlling in all local 7
ordinances created under this chapter: 8
(1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with 9
no intervening land. 10
(2) Accessory dwelling unit (ADU). A residential living unit on the same parcel where the 11
primary use is a legally established single-unit or multi-unit dwelling. An ADU provides complete 12
independent living facilities for one or more persons. It may take various forms including, but not 13
limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; 14
or a unit that is part of an expanded or remodeled primary dwelling. 15
(3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental 16
and subordinate to the principal use of the land or building. An accessory use may be restricted to 17
the same lot as the principal use. An accessory use shall not be permitted without the principal use 18
to which it is related. 19
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(4) Adaptive reuse. "adaptive reuse," as defined in § 42-64.22-2. 1
(4)(5) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be: 2
(i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her, 3
or its property will be injured by a decision of any officer or agency responsible for administering 4
the zoning ordinance of a city or town; or 5
(ii) Anyone requiring notice pursuant to this chapter. 6
(5)(6) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4. 7
(6)(7) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2. 8
(7)(8) Applicant. An owner, or authorized agent of the owner, submitting an application 9
or appealing an action of any official, board, or agency. 10
(8)(9) Application. The completed form, or forms, and all accompanying documents, 11
exhibits, and fees required of an applicant by an approving authority for development review, 12
approval, or permitting purposes. 13
(9)(10) Buffer. Land that is maintained in either a natural or landscaped state, and is used 14
to screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-15
way. 16
(10)(11) Building. Any structure used or intended for supporting or sheltering any use or 17
occupancy. 18
(11)(12) Building envelope. The three-dimensional space within which a structure is 19
permitted to be built on a lot and that is defined by regulations governing building setbacks, 20
maximum height, and bulk; by other regulations; or by any combination thereof. 21
(12)(13) Building height. For a vacant parcel of land, building height shall be measured 22
from the average, existing-grade elevation where the foundation of the structure is proposed. For 23
an existing structure, building height shall be measured from average grade taken from the 24
outermost four (4) corners of the existing foundation. In all cases, building height shall be measured 25
to the top of the highest point of the existing or proposed roof or structure. This distance shall 26
exclude spires, chimneys, flag poles, and the like. For any property or structure located in a special 27
flood hazard area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted 28
on the Rhode Island coastal resources management council (CRMC) suggested design elevation 29
three foot (3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-30
year (100) storm, the greater of the following amounts, expressed in feet, shall be excluded from 31
the building height calculation: 32
(i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or 33
proposed freeboard, less the average existing grade elevation; or 34
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(ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a 1
one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate 2
the appropriate suggested design elevation map for the exclusion every ten (10) years, or as 3
otherwise necessary. 4
(13)(14) Cluster. A site-planning technique that concentrates buildings in specific areas 5
on the site to allow the remaining land to be used for recreation, common open space, and/or 6
preservation of environmentally, historically, culturally, or other sensitive features and/or 7
structures. The techniques used to concentrate buildings shall be specified in the ordinance and may 8
include, but are not limited to, reduction in lot areas, setback requirements, and/or bulk 9
requirements, with the resultant open land being devoted by deed restrictions for one or more uses. 10
Under cluster development, there is no increase in the number of lots that would be permitted under 11
conventional development except where ordinance provisions include incentive bonuses for certain 12
types or conditions of development. 13
(14)(15) Common ownership. Either: 14
(i) Ownership by one or more individuals or entities in any form of ownership of two (2) 15
or more contiguous lots; or 16
(ii) Ownership by any association (ownership may also include a municipality) of one or 17
more lots under specific development techniques. 18
(15)(16) Community residence. A home or residential facility where children and/or adults 19
reside in a family setting and may or may not receive supervised care. This does not include halfway 20
houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the 21
following: 22
(i) Whenever six (6) or fewer children or adults with intellectual and/or developmental 23
disability reside in any type of residence in the community, as licensed by the state pursuant to 24
chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community 25
residences; 26
(ii) A group home providing care or supervision, or both, to not more than eight (8) persons 27
with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1; 28
(iii) A residence for children providing care or supervision, or both, to not more than eight 29
(8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of 30
title 42; 31
(iv) A community transitional residence providing care or assistance, or both, to no more 32
than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) 33
persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, 34
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abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor 1
more than two (2) years. Residents will have access to, and use of, all common areas, including 2
eating areas and living rooms, and will receive appropriate social services for the purpose of 3
fostering independence, self-sufficiency, and eventual transition to a permanent living situation. 4
(16)(17) Comprehensive plan. The comprehensive plan adopted and approved pursuant to 5
chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in 6
compliance. 7
(17)(18) Day care — Daycare center. Any other daycare center that is not a family daycare 8
home. 9
(18)(19) Day care — Family daycare home. Any home, other than the individual’s home, 10
in which day care in lieu of parental care or supervision is offered at the same time to six (6) or less 11
individuals who are not relatives of the caregiver, but may not contain more than a total of eight 12
(8) individuals receiving day care. 13
(19)(20) Density, residential. The number of dwelling units per unit of land. 14
(20)(21) Development. The construction, reconstruction, conversion, structural alteration, 15
relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; 16
or any change in use, or alteration or extension of the use, of land. 17
(21)(22) Development plan review. The process whereby authorized, local officials review 18
the site plans, maps, and other documentation of a development to determine the compliance with 19
the stated purposes and standards of the ordinance. 20
(22)(23) District. See “zoning-use district.” 21
(23)(24) Drainage system. A system for the removal of water from land by drains, grading, 22
or other appropriate means. These techniques may include runoff controls to minimize erosion and 23
sedimentation during and after construction or development; the means for preserving surface and 24
groundwaters; and the prevention and/or alleviation of flooding. 25
(24)(25) Dwelling unit. A structure, or portion of a structure, providing complete, 26
independent living facilities for one or more persons, including permanent provisions for living, 27
sleeping, eating, cooking, and sanitation, and containing a separate means of ingress and egress. 28
(25)(26) Extractive industry. The extraction of minerals, including: solids, such as coal 29
and ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes 30
quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other 31
preparation customarily done at the extraction site or as a part of the extractive activity. 32
(26)(27) Family member. A person, or persons, related by blood, marriage, or other legal 33
means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, 34
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grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household. 1
(27)(28) Floating zone. An unmapped zoning district adopted within the ordinance that is 2
established on the zoning map only when an application for development, meeting the zone 3
requirements, is approved. 4
(28)(29) Floodplains, or Flood hazard area. As defined in § 45-22.2-4. 5
(29)(30) Freeboard. A factor of safety expressed in feet above the base flood elevation of 6
a flood hazard area for purposes of floodplain management. Freeboard compensates for the many 7
unknown factors that could contribute to flood heights, such as wave action, bridge openings, and 8
the hydrological effect of urbanization of the watershed. 9
(30)(31) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3. 10
(31)(32) Halfway house. A residential facility for adults or children who have been 11
institutionalized for criminal conduct and who require a group setting to facilitate the transition to 12
a functional member of society. 13
(32)(33) Hardship. See § 45-24-41. 14
(33)(34) Historic district or historic site. As defined in § 45-22.2-4. 15
(34)(35) Home occupation. Any activity customarily carried out for gain by a resident, 16
conducted as an accessory use in the resident’s dwelling unit. 17
(35)(36) Household. One or more persons living together in a single-dwelling unit, with 18
common access to, and common use of, all living and eating areas and all areas and facilities for 19
the preparation and storage of food within the dwelling unit. The term “household unit” is 20
synonymous with the term “dwelling unit” for determining the number of units allowed within any 21
structure on any lot in a zoning district. An individual household shall consist of any one of the 22
following: 23
(i) A family, which may also include servants and employees living with the family; or 24
(ii) A person or group of unrelated persons living together. The maximum number may be 25
set by local ordinance, but this maximum shall not be less than three (3). 26
(36)(37) Incentive zoning. The process whereby the local authority may grant additional 27
development capacity in exchange for the developer’s provision of a public benefit or amenity as 28
specified in local ordinances. 29
(37)(38) Infrastructure. Facilities and services needed to sustain residential, commercial, 30
industrial, institutional, and other activities. 31
(38)(39) Land-development project. A project in which one or more lots, tracts, or parcels 32
of land are developed or redeveloped as a coordinated site for one or more uses, units, or structures, 33
including, but not limited to, planned development or cluster development for residential, 34
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commercial, institutional, recreational, open space, or mixed uses as provided in the zoning 1
ordinance. 2
(39)(40) Lot. Either: 3
(i) The basic development unit for determination of lot area, depth, and other dimensional 4
regulations; or 5
(ii) A parcel of land whose boundaries have been established by some legal instrument, 6
such as a recorded deed or recorded map, and that is recognized as a separate legal entity for 7
purposes of transfer of title. 8
(40)(41) Lot area. The total area within the boundaries of a lot, excluding any street right-9
of-way, usually reported in acres or square feet. 10
(41)(42) Lot area, minimum. The smallest land area established by the local zoning 11
ordinance upon which a use, building, or structure may be located in a particular zoning district. 12
(42)(43) Lot building coverage. That portion of the lot that is, or may be, covered by 13
buildings and accessory buildings. 14
(43)(44) Lot depth. The distance measured from the front lot line to the rear lot line. For 15
lots where the front and rear lot lines are not parallel, the lot depth is an average of the depth. 16
(44)(45) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall 17
specify how noncontiguous frontage will be considered with regard to minimum frontage 18
requirements. 19
(45)(46) Lot line. A line of record, bounding a lot, that divides one lot from another lot or 20
from a public or private street or any other public or private space and shall include: 21
(i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall 22
specify the method to be used to determine the front lot line on lots fronting on more than one 23
street, for example, corner and through lots; 24
(ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of 25
triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10′) in length 26
entirely within the lot, parallel to and at a maximum distance from, the front lot line; and 27
(iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may 28
be a street lot line, depending on requirements of the local zoning ordinance. 29
(46)(47) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined 30
herein. 31
(47)(48) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon 32
two (2) streets that do not intersect at the boundaries of the lot. 33
(48)(49) Lot width. The horizontal distance between the side lines of a lot measured at 34
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right angles to its depth along a straight line parallel to the front lot line at the minimum front 1
setback line. 2
(49)(50) Mere inconvenience. See § 45-24-41. 3
(50)(51) Mixed use. A mixture of land uses within a single development, building, or tract. 4
(51)(52) Modification. Permission granted and administered by the zoning enforcement 5
officer of the city or town, and pursuant to the provisions of this chapter to grant a dimensional 6
variance other than lot area requirements from the zoning ordinance to a limited degree as 7
determined by the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) 8
of each of the applicable dimensional requirements. 9
(52)(53) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully 10
existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with 11
the provisions of that ordinance or amendment. Nonconformance is of only two (2) types: 12
(i) Nonconforming by use: a lawfully established use of land, building, or structure that is 13
not a permitted use in that zoning district. A building or structure containing more dwelling units 14
than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or 15
(ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance 16
with the dimensional regulations of the zoning ordinance. Dimensional regulations include all 17
regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building 18
or structure containing more dwelling units than are permitted by the use regulations of a zoning 19
ordinance is nonconforming by use; a building or structure containing a permitted number of 20
dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per 21
dwelling unit regulations, is nonconforming by dimension. 22
(53)(54) Overlay district. A district established in a zoning ordinance that is superimposed 23
on one or more districts or parts of districts. The standards and requirements associated with an 24
overlay district may be more or less restrictive than those in the underlying districts consistent with 25
other applicable state and federal laws. 26
(54)(55) Performance standards. A set of criteria or limits relating to elements that a 27
particular use or process must either meet or may not exceed. 28
(55)(56) Permitted use. A use by right that is specifically authorized in a particular zoning 29
district. 30
(56)(57) Planned development. A “land-development project,” as defined in subsection 31
(38), and developed according to plan as a single entity and containing one or more structures or 32
uses with appurtenant common areas. 33
(57)(58) Plant agriculture. The growing of plants for food or fiber, to sell or consume. 34
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(58)(59) Preapplication conference. A review meeting of a proposed development held 1
between applicants and reviewing agencies as permitted by law and municipal ordinance, before 2
formal submission of an application for a permit or for development approval. 3
(59)(60) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance 4
of the required setback for the zoning district in which the lot is located that establishes the area 5
within which the principal structure must be erected or placed. 6
(60)(61) Site plan. The development plan for one or more lots on which is shown the 7
existing and/or the proposed conditions of the lot. 8
(61)(62) Slope of land. The grade, pitch, rise, or incline of the topographic landform or 9
surface of the ground. 10
(62)(63) Special use. A regulated use that is permitted pursuant to the special-use permit 11
issued by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a 12
special exception. 13
(63)(64) Structure. A combination of materials to form a construction for use, occupancy, 14
or ornamentation, whether installed on, above, or below the surface of land or water. 15
(64)(65) Substandard lot of record. Any lot lawfully existing at the time of adoption or 16
amendment of a zoning ordinance and not in conformance with the dimensional or area provisions 17
of that ordinance. 18
(65)(66) Use. The purpose or activity for which land or buildings are designed, arranged, 19
or intended, or for which land or buildings are occupied or maintained. 20
(66)(67) Variance. Permission to depart from the literal requirements of a zoning 21
ordinance. An authorization for the construction or maintenance of a building or structure, or for 22
the establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There 23
are only two (2) categories of variance, a use variance or a dimensional variance. 24
(i) Use variance. Permission to depart from the use requirements of a zoning ordinance 25
where the applicant for the requested variance has shown by evidence upon the record that the 26
subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the 27
zoning ordinance. 28
(ii) Dimensional variance. Permission to depart from the dimensional requirements of a 29
zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the 30
record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use 31
of the subject property unless granted the requested relief from the dimensional regulations. 32
However, the fact that a use may be more profitable or that a structure may be more valuable after 33
the relief is granted are not grounds for relief. 34
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(67)(68) Waters. As defined in § 46-12-1(23). 1
(68)(69) Wetland, coastal. As defined in § 45-22.2-4. 2
(69)(70) Wetland, freshwater. As defined in § 2-1-20. 3
(70)(71) Zoning certificate. A document signed by the zoning-enforcement officer, as 4
required in the zoning ordinance, that acknowledges that a use, structure, building, or lot either 5
complies with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or 6
is an authorized variance or modification therefrom. 7
(71)(72) Zoning map. The map, or maps, that are a part of the zoning ordinance and that 8
delineate the boundaries of all mapped zoning districts within the physical boundary of the city or 9
town. 10
(72)(73) Zoning ordinance. An ordinance enacted by the legislative body of the city or 11
town pursuant to this chapter and in the manner providing for the adoption of ordinances in the city 12
or town’s legislative or home rule charter, if any, that establish regulations and standards relating 13
to the nature and extent of uses of land and structures; that is consistent with the comprehensive 14
plan of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that 15
complies with the provisions of this chapter. 16
(73)(74) Zoning-use district. The basic unit in zoning, either mapped or unmapped, to 17
which a uniform set of regulations applies, or a uniform set of regulations for a specified use. 18
Zoning-use districts include, but are not limited to: agricultural, commercial, industrial, 19
institutional, open space, and residential. Each district may include sub-districts. Districts may be 20
combined. 21
45-24-37. General provisions — Permitted uses. 22
(a) The zoning ordinance shall provide a listing of all land uses and/or performance 23
standards for uses that are permitted within the zoning use districts of the municipality. The 24
ordinance may provide for a procedure under which a proposed land use that is not specifically 25
listed may be presented by the property owner to the zoning board of review or to a local official 26
or agency charged with administration and enforcement of the ordinance for an evaluation and 27
determination of whether the proposed use is of a similar type, character, and intensity as a listed 28
permitted use. Upon such determination, the proposed use may be considered to be a permitted use. 29
(b) Notwithstanding any other provision of this chapter, the following uses are permitted 30
uses within all residential zoning use districts of a municipality and all industrial and commercial 31
zoning use districts except where residential use is prohibited for public health or safety reasons: 32
(1) Households; 33
(2) Community residences; and 34
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(3) Family daycare homes. 1
(c) Any time a building or other structure used for residential purposes, or a portion of a 2
building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire 3
or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured home, 4
or homes, as the need may be, elsewhere upon the land, for use and occupancy of the former 5
occupants for a period of up to twelve (12) months, or until the building or structure is rehabilitated 6
and otherwise made fit for occupancy. The property owner, or a properly designated agent of the 7
owner, is only allowed to cause the mobile and manufactured home, or homes, to remain 8
temporarily upon the land by making timely application to the local building official for the 9
purposes of obtaining the necessary permits to repair or rebuild the structure. 10
(d) Notwithstanding any other provision of this chapter, appropriate access for people with 11
disabilities to residential structures is allowed as a reasonable accommodation for any person(s) 12
residing, or intending to reside, in the residential structure. 13
(e) Notwithstanding any other provision of this chapter, an accessory dwelling unit in an 14
owner-occupied residence that complies with §§ 45-24-31 and 45-24-73 shall be permitted as a 15
reasonable accommodation for family members with disabilities or who are sixty-two (62) years of 16
age or older, or to accommodate other family members. 17
(f) When used in this section the terms “people with disabilities” or “member, or members, 18
with disabilities” means a person(s) who has a physical or mental impairment that substantially 19
limits one or more major life activities, as defined in § 42-87-1(7). 20
(g) Notwithstanding any other provisions of this chapter, plant agriculture is a permitted 21
use within all zoning districts of a municipality, including all industrial and commercial zoning 22
districts, except where prohibited for public health or safety reasons or the protection of wildlife 23
habitat. 24
(h)(1) Adaptive reuse. Notwithstanding any other provisions of this chapter, adaptive reuse 25
for the conversion of any commercial building, including offices, schools, religious facilities, 26
medical buildings, and malls into residential units or mixed use developments which include the 27
development of at least fifty percent (50%) of the existing gross floor area into residential units, 28
shall be a permitted use and allowed by specific and objective provisions of a zoning ordinance, 29
except where such is prohibited by environmental land use restrictions recorded on the property by 30
the state of Rhode Island department of environmental management or the United States 31
Environmental Protection Agency preventing the conversion to residential use. 32
(i) The specific zoning ordinance provisions for adaptive reuse shall exempt adaptive reuse 33
developments from off-street parking requirements of over one space per dwelling unit. 34
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(ii) Density. (A) For projects that meet the following criteria, zoning ordinances shall allow 1
for high density development and shall not limit the density to less than fifteen (15) dwelling units 2
per acre: 3
(I) Where the project is limited to the existing footprint, except that the footprint is allowed 4
to be expanded to accommodate upgrades related to the building and fire codes and utilities; and 5
(II) The development includes at least twenty percent (20%) low- and moderate-income 6
housing; and 7
(III) The development has access to public sewer and water service or has access to 8
adequate private water, such as a well and and/or wastewater treatment system(s) approved by the 9
relevant state agency for the entire development as applicable. 10
(B) For all other adaptive reuse projects, the residential density permitted in the converted 11
structure shall be the maximum allowed that otherwise meets all standards of minimum housing 12
and has access to public sewer and water service or has access to adequate private water, such as a 13
well, and wastewater treatment system(s) approved by the relevant state agency for the entire 14
development, as applicable, The density proposed shall be determined to meet all public health and 15
safety standards. 16
(iii) Notwithstanding any other provisions of this chapter, for adaptive reuse projects, 17
existing building setbacks shall remain and shall be considered legal nonconforming, but no 18
additional encroachments shall be permitted into any nonconforming setback, unless otherwise 19
allowed by zoning ordinance or relief is granted by the applicable authority. 20
(iv) For adaptive reuse projects, notwithstanding any other provisions of this chapter, the 21
height of the existing structure, if it exceeds the maximum height of the zoning district, may remain 22
and shall be considered legal nonconforming, and any rooftop construction shall be included within 23
the height exemption 24
SECTION 2. This act shall take effect on January 1, 2024. 25
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO TOWNS AN D CITIES -- ZONING ORDINANCES
***
This act would provide that adaptive reuse for the conversion of commercial property into 1
residential or mixed-use developments shall be a permitted use and allowable by specific and 2
objective provisions of a zoning ordinance, subject to certain restrictions. 3
This act would take effect on January 1, 2024. 4
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