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| 4 | 4 | | |
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| 5 | 5 | | 2023 -- S 0164 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001245 |
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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: Senators LaMountain, Euer, and Gu |
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| 17 | 17 | | Date Introduced: February 16, 2023 |
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| 18 | 18 | | Referred To: Senate Commerce |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Section 45-24-73 of the General Laws in Chapter 45-24 entitled "Zoning 1 |
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| 23 | 23 | | Ordinances" is hereby amended to read as follows: 2 |
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| 24 | 24 | | 45-24-73. Consistent statewide treatment of accessory dwelling units required. 3 |
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| 25 | 25 | | (a) Any municipality that chooses to permit accessory dwelling units (ADUs) within the 4 |
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| 26 | 26 | | municipality, shall not impose any excessive restrictions on accessory dwelling units (ADUs). 5 |
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| 27 | 27 | | More specifically, a municipality that permits ADUs shall not: 6 |
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| 28 | 28 | | (1) Restrict tenants based on familial relationship or age unless such restriction is necessary 7 |
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| 29 | 29 | | to comply with the terms of the federal subsidy related to affordability; 8 |
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| 30 | 30 | | (2) Charge unique or unreasonable application fees for the creation of an ADU; 9 |
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| 31 | 31 | | (3) Require infrastructure improvements, including, but not limited to, separate water or 10 |
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| 32 | 32 | | sewer service lines or expanded septic system capacity; provided, however, municipalities may 11 |
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| 33 | 33 | | require modification required for compliance under state law or regulation; 12 |
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| 34 | 34 | | (4) Discriminate against populations protected under state and federal fair housing laws; 13 |
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| 35 | 35 | | (5) Impose unreasonable dimensional requirements on ADUs that effectively preclude their 14 |
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| 36 | 36 | | development or utilization; 15 |
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| 37 | 37 | | (6) Require a larger minimum lot size for a property with an ADU over that required for a 16 |
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| 38 | 38 | | property without an ADU in the same zone; 17 |
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| 39 | 39 | | (7) Require more than one parking space beyond what is already required for the primary 18 |
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| 40 | 40 | | use; or 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC001245 - Page 2 of 3 |
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| 44 | 44 | | (8) Limit ADUs to lots with preexisting homes; provided, a municipality shall allow ADUs 1 |
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| 45 | 45 | | as part of applications for new primary dwelling units or subdivisions. 2 |
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| 46 | 46 | | (b) To further enable the use of ADUs and to remove barriers to utilization, municipalities 3 |
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| 47 | 47 | | may allow ADUs in primary or accessory structures that are lawfully established preexisting non-4 |
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| 48 | 48 | | conforming through a special use permit and not require a variance, notwithstanding any provision 5 |
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| 49 | 49 | | of this chapter to the contrary that would require a variance. 6 |
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| 50 | 50 | | (c) Private restrictions on ADUs imposed by condominium associations, homeowner 7 |
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| 51 | 51 | | associations, or similar residential property governing bodies, which conflict with the provisions 8 |
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| 52 | 52 | | of this section or the definition of an ADU as set forth in § 45-24-31, shall be void as against public 9 |
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| 53 | 53 | | policy. Provided, however, if ADUs are allowed by condominium association covenants, 10 |
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| 54 | 54 | | homeowner association covenants, or similar residential property governing bodies, they shall be 11 |
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| 55 | 55 | | deemed in compliance with this subsection. 12 |
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| 56 | 56 | | (d) The development of ADUs shall not be restricted by any locally adopted ordinance or 13 |
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| 57 | 57 | | policy that places a limit or moratorium on the development of residential units in land zoned for 14 |
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| 58 | 58 | | residential use. 15 |
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| 59 | 59 | | (e) Notwithstanding any provision of law to the contrary, accessory dwelling units (ADUs) 16 |
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| 60 | 60 | | shall not be offered or rented for tourist or transient use or through a hosting platform, as defined 17 |
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| 61 | 61 | | in § 42-63.1-2. Any town or city may adopt an ordinance to enforce the provisions of this 18 |
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| 62 | 62 | | subsection; provided that, a property owner and/or a hosting platform shall not be penalized in 19 |
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| 63 | 63 | | excess of five hundred dollars ($500) per day for each violation. 20 |
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| 64 | 64 | | SECTION 2. This act shall take effect upon passage. 21 |
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| 65 | 65 | | ======== |
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| 66 | 66 | | LC001245 |
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| 67 | 67 | | ======== |
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| 68 | 68 | | |
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| 69 | 69 | | |
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| 70 | 70 | | LC001245 - Page 3 of 3 |
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| 71 | 71 | | EXPLANATION |
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| 72 | 72 | | BY THE LEGISLATIVE COUNCIL |
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| 73 | 73 | | OF |
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| 74 | 74 | | A N A C T |
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| 75 | 75 | | RELATING TO TOWNS AN D CITIES -- ZONING ORDINANCES |
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| 76 | 76 | | *** |
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| 77 | 77 | | This act would prohibit the offering or renting of accessory dwelling units for tourist or 1 |
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| 78 | 78 | | transient use or through a hosting platform, and enables municipalities to fine property owners and 2 |
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| 79 | 79 | | hosting platforms a fine not to exceed five hundred dollars ($500) per day for each violation. 3 |
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| 80 | 80 | | This act would take effect upon passage. 4 |
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| 81 | 81 | | ======== |
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| 82 | 82 | | LC001245 |
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| 83 | 83 | | ======== |
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