2023 -- S 0307
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LC000697
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
____________
A N A C T
RELATING TO TOWNS AND CITIES -- PROHIBITION OF SINGLE-FAMILY ZONING IN
URBAN GROWTH BOUNDAR IES ACT OF 2023
Introduced By: Senators Mack, Kallman, and Bell
Date Introduced: February 16, 2023
Referred To: Senate Housing & Municipal Government
It is enacted by the General Assembly as follows:
SECTION 1. Title 45 of the General Laws entitled "TOWNS AND CITIES" is hereby 1
amended by adding thereto the following chapter: 2
CHAPTER 24.7 3
PROHIBITION OF SINGLE-FAMILY ZONING IN URBAN GROWTH BOUNDARIES ACT 4
OF 2023 5
45-24.7-1. Short title. 6
This chapter shall be known and may be cited as the "Prohibition of Single-Family Zoning 7
in Urban Growth Boundaries Act of 2023". 8
45-24.7-2. Legislative purpose. 9
The legislature encourages the development of higher-density, mixed use, and walkable 10
urban communities by repealing and prohibiting single-family zoning in urban areas. The 11
prohibition of single-family zoning in urban areas would reduce the use of automobiles and create 12
development of middle housing within areas formerly zoned as single-family areas. 13
45-24.7-3. Definitions. 14
As used in this chapter, the following words and phrases shall have the following meanings: 15
(1) "Cottage clusters" means groupings of no fewer than four (4) detached housing units 16
per acre with a footprint of less than nine hundred (900) square feet each and that include a common 17
courtyard. 18
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(2) "Middle housing" means duplexes, triplexes, quadplexes, cottage clusters and 1
townhouses. 2
(3) "Townhouse" means a dwelling unit constructed in a row of two (2) or more attached 3
units, where each dwelling unit is located on an individual lot or parcel and shares at least one 4
common wall with an adjacent unit. 5
(4) "Urban growth boundary" means and refers to rules that designate what areas can and 6
cannot be developed around a city center. 7
45-24.7-4. Middle housing allowed. 8
(a) Except as provided in subsection (d) of this section, each municipality with a population 9
of twenty-thousand (20,000) or more, shall allow the development of: 10
(1) All middle housing types in areas zoned for residential use that allow for the 11
development of detached single-family dwelling; and 12
(2) A duplex on each lot or parcel zoned for residential use that allows for development of 13
detached single-family dwellings. 14
(b) A duplex on each lot parcel zoned for residential use that allows for the development 15
of detached single-family dwellings. 16
(c) Nothing in this subsection prohibits a local governing body from allowing other types 17
of middle housing in addition to duplexes. 18
(d) This section does not apply to municipalities with a population of less than twenty-19
thousand (20,000); lands not within an urban growth boundary; lands not zoned for residential use, 20
including lands primarily zoned as commercial, industrial, agricultural; those used for public uses 21
or, lands zoned under an interim zoning designation that maintains the land's potential for planned 22
urban development. 23
(e) Local governing bodies may regulate siting and design of middle housing required to 24
be permitted under this section, provided that regulations do not, individually or cumulatively, 25
discourage the development of all middle housing types permitted in the area through unreasonable 26
costs or delay. Local governing bodies may regulate middle housing to comply with protective 27
measures adopted pursuant to statewide land use planning goals and the municipalities' 28
comprehensive plan. 29
(f) This section does not prohibit local governing bodies from permitting: 30
(1) Single-family dwellings in areas zoned to allow for single-family dwellings; or 31
(2) Middle housing in areas not required under this section. 32
45-24.7-5. Compliance. 33
(a) Notwithstanding any other provisions contained in this chapter, a local governing body 34
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shall adopt land use regulations or amend its comprehensive plan to implement § 45-24.7-6 no later 1
than June 30, 2024 for each of those municipalities with a population of more than twenty thousand 2
(20,000). 3
(b) The state building code standards committee shall develop a model middle housing 4
ordinance no later than December 31, 2023. 5
(c) Any local governing body that has not adopted land use regulations or amended its 6
comprehensive plan by the dates contained in this section shall directly apply the model ordinance 7
developed by the state building code standards committee until it adopts the regulations or amends 8
its comprehensive plan as required by this section. 9
(d) In adopting regulations or amending a comprehensive plan under this section, a local 10
governing body shall consider ways to increase the affordability of middle housing by considering 11
ordinances and policies that include, but are not limited to: 12
(1) Waiving or deferring system development charges; 13
(2) Adopting or amending criteria for property tax exemptions under § 44-5-12 and §§ 44-14
5-13.2 through 44-5-13.39; 15
(3) Assessing a construction tax. 16
(e) When a local governing body makes a legislative decision to amend its comprehensive 17
plan or land use regulations to allow middle housing areas zoned for residential use that allow for 18
detached single-family dwellings, the local governing body is not required to consider whether the 19
amendments significantly affect an existing or planned transportation facility. 20
45-24.7-6. Relief from compliance. 21
(a) Notwithstanding the provisions of § 45-24.7-5, the state building code standards 22
committee may grant an extension of the time allowed to adopt land use regulations or amendments 23
to comprehensive plans. 24
(b) A municipality may apply for an extension only to specific areas where the local 25
governing body has identified water, sewer, storm drainage, or transportation services that are 26
either significantly deficient or are expected to be significantly deficient before December 31, 2025, 27
and for which the local governing body has established a plan of action that will remedy the 28
deficiency in those services that is approved by the state building code standards committee. Any 29
extension granted shall not extend beyond the date that the local governing body intends to correct 30
the deficiency under the plan. 31
(c) In areas where the extension under this section does not apply, the local governing body 32
shall apply its own land use regulations as adopted pursuant to this section or apply the model 33
ordinance adopted by the state building code standards committee. 34
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(d) Any local governing body requesting an extension shall apply for the extension at least 1
six (6) months prior to the expiration of the dates of compliance set out in § 45-24.7-5. 2
(e) The state building code standards committee shall provide a decision on the request for 3
extension within ninety (90) days of receipt of the request. 4
(f) The state building code standards committee shall adopt rules regarding the form and 5
substance of any application for an extension. The rules shall include, but not be limited to: 6
(1) Defining affected areas; 7
(2) Calculating deficiencies of water, sewer, storm drainage or transportation facilities; 8
(3) Service deficiency levels required to qualify for the extension; 9
(4) The components and timing of a remediation plan necessary to qualify for an extension; 10
(5) Standards for evaluating applications; and 11
(6) Establishing deadlines and components for the approval of a plan of action. 12
SECTION 2. Sections 45-22.2-6 and 45-22.2-12 of the General Laws in Chapter 45-22.2 13
entitled "Rhode Island Comprehensive Planning and Land Use Act" are hereby amended to read as 14
follows: 15
45-22.2-6. Required content of a comprehensive plan. 16
(a) The comprehensive plan must utilize a minimum twenty (20) year planning timeframe 17
in considering forecasts, goals, and policies. 18
(b) The comprehensive plan must be internally consistent in its policies, forecasts, and 19
standards, and shall include the content described within this section. The content described in 20
subdivisions (1) through (10) may be organized and presented as deemed suitable and appropriate 21
by the municipality. The content described in subdivisions (11) and (12) must be included as 22
individual sections of the plan. 23
(1) Goals and policies. The plan must identify the goals and policies of the municipality 24
for its future growth and development and for the conservation of its natural and cultural resources. 25
The goals and policies of the plan shall be consistent with the goals and intent of this chapter and 26
embody the goals and policies of the state guide plan. 27
(2) Maps. The plan must contain maps illustrating the following as appropriate to the 28
municipality: 29
(i) Existing conditions: 30
(A) Land use, including the range of residential housing densities; 31
(B) Zoning; 32
(C) Key infrastructure such as, but not limited to, roads, public water, and sewer; 33
(D) Service areas for public water and sewer; 34
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(E) Historical and cultural resource areas and sites; 1
(F) Open space and conservation areas (public and private); and 2
(G) Natural resources such as, but not limited to, surface water, wetlands, floodplains, soils, 3
and agricultural land; 4
(ii) Future land use illustrating the desired patterns of development, density, and 5
conservation as defined by the comprehensive plan; and 6
(iii) Identification of discrepancies between future land uses and existing zoning use 7
categories. 8
(3) Natural resource identification and conservation. The plan must be based on an 9
inventory of significant natural resource areas such as, but not limited to, water, soils, prime 10
agricultural lands, forests, wildlife, wetlands, aquifers, coastal features, and floodplains. The plan 11
must include goals, policies, and implementation techniques for the protection and management of 12
these areas. 13
(4) Open space and outdoor recreation identification and protection. The plan must be 14
based on an inventory of outdoor recreational resources, open space areas, and recorded access to 15
these resources and areas. The plan must contain an analysis of forecasted needs, policies for the 16
management and protection of these resources and areas, and identification of areas for potential 17
expansion. The plan must include goals, policies, and implementation techniques for the protection 18
and management of existing resources and acquisition of additional resources if appropriate. 19
(5) Historical and cultural resources identification and protection. The plan must be based 20
on an inventory of significant historical and cultural resources such as historical buildings, sites, 21
landmarks, and scenic views. The plan must include goals, policies, and implementation techniques 22
for the protection of these resources. 23
(6) Housing. The plan must include the identification of existing housing patterns, an 24
analysis of existing and forecasted housing needs by type and density range, and identification of 25
areas suitable for future housing development or rehabilitation in accordance with all factors 26
contained in this section. The plan shall include an affordable housing program that meets the 27
requirements of § 42-128-8.1, the “Comprehensive Housing Production and Rehabilitation Act of 28
2004” and chapter 53 of this title, the “Rhode Island Low and Moderate Income Housing Act.” The 29
plan must include goals and policies that further the goal of § 45-22.2-3(c)(3) and implementation 30
techniques that identify specific programs to promote the preservation, production, and 31
rehabilitation of housing. 32
(7) Economic development. The plan must include the identification of existing types and 33
patterns of economic activities including, but not limited to, business, commercial, industrial, 34
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agricultural, and tourism. The plan must also identify areas suitable for future economic expansion 1
or revitalization. The plan must include goals, policies, and implementation techniques reflecting 2
local, regional, and statewide concerns for the expansion and stabilization of the economic base 3
and the promotion of quality employment opportunities and job growth. The plan shall consider 4
market factors that may substantially impact future urban residential development. 5
(8) Services and facilities. The plan must be based on an inventory of existing physical 6
infrastructure such as, but not limited to, educational facilities, public safety facilities, libraries, 7
indoor recreation facilities, and community centers. The plan must describe services provided to 8
the community such as, but not limited to, water supply and the management of wastewater, storm 9
water, and solid waste. The plan must consider energy production and consumption. The plan must 10
analyze the needs for future types and levels of services and facilities, including, in accordance 11
with § 46-15.3-5.1, water supply system management planning, which includes demand 12
management goals as well as plans for water conservation and efficient use of water concerning 13
any water supplier providing service in the municipality, and contain goals, policies, and 14
implementation techniques for meeting future demands. 15
(9) Circulation/Transportation. The plan must be based on an inventory and analysis of 16
existing and proposed major circulation systems, including transit and bikeways; street patterns; 17
and any other modes of transportation, including pedestrian, in coordination with the land use 18
element. Goals, policies, and implementation techniques for the provision of fast, safe, efficient, 19
and convenient transportation that promotes conservation and environmental stewardship must be 20
identified. 21
(10) Natural hazards. The plan must include an identification of areas that could be 22
vulnerable to the effects of sea-level rise, flooding, storm damage, drought, or other natural hazards. 23
Goals, policies, and implementation techniques must be identified that would help to avoid or 24
minimize the effects that natural hazards pose to lives, infrastructure, and property. 25
(11) Land use. In conjunction with the future land use map as required in subsection 26
(b)(2)(ii) of this section, the plan must contain a land use component that designates the proposed 27
general distribution and general location and interrelationships of land uses including, but not 28
limited to, residential, commercial, industrial, open space, agriculture, recreation facilities, and 29
other categories of public and private uses of land. The land use component shall be based upon 30
the required plan content as stated in this section. It shall relate the proposed standards of population 31
density and building intensity to the capacity of the land and available or planned facilities and 32
services. The land use component must contain an analysis of the inconsistency of existing zoning 33
districts, if any, with planned future land use. The land use component shall specify the process and 34
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schedule by which the zoning ordinance and zoning map shall be amended to conform to the 1
comprehensive plan and shall be included as part of the implementation program. 2
(12) Implementation program. 3
(i) A statement which defines and schedules the specific public actions to be undertaken in 4
order to achieve the goals and objectives of each component of the comprehensive plan. Scheduled 5
expansion or replacement of public facilities, and the anticipated costs and revenue sources 6
proposed to meet those costs reflected in a municipality’s capital improvement program, must be 7
included in the implementation program. 8
(ii) The implementation program identifies the public actions necessary to implement the 9
objectives and standards of each component of the comprehensive plan that require the adoption or 10
amendment of codes and ordinances by the governing body of the municipality. 11
(iii) The implementation program identifies other public authorities or agencies owning 12
water supply facilities or providing water supply services to the municipality, and coordinates the 13
goals and objectives of the comprehensive plan with the actions of public authorities or agencies 14
with regard to the protection of watersheds as provided in § 46-15.3-1 et seq. 15
(iv) The implementation program must detail the timing and schedule of municipal actions 16
required to amend the zoning ordinance and map to conform to the comprehensive plan. 17
45-22.2-12. Maintaining and re-adopting the plan. 18
(a) A municipality must maintain a single version of the comprehensive plan including all 19
amendments, appendices, and supplements. One or more complete copies of the comprehensive 20
plan including, all amendments, shall be made available for review by the public. Availability shall 21
include print, digital formats, and placement on the internet. 22
(b) A municipality shall periodically review and amend its plan in a timely manner to 23
account for changing conditions. At a minimum, a municipality shall fully update and re-adopt its 24
entire comprehensive plan, including supplemental plans, such as, but not limited to, special area 25
plans, that may be incorporated by reference, at least once every ten (10) years from the date of 26
municipal adoption. A minimum twenty (20) year planning timeframe in considering forecasts, 27
goals, and policies must be utilized for an update. In assessing changing conditions, a municipality 28
shall adopt findings regarding the density expectations assumed to result from measures adopted 29
under this section. The density expectations may not project an increase in residential capacity 30
above achieved density by more than three percent (3%) without quantifiable validation for such 31
departures. For municipalities outside the urban growth boundaries, a quantifiable validation must 32
demonstrate that the assumed housing capacity has been achieved in areas that are zoned to allow 33
no greater than the same authorized density level within that municipality. For urban growth areas, 34
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a quantifiable validation shall demonstrate that the assumed housing capacity has been achieved in 1
areas that are zoned to allow no greater than the same authorized density with the municipality. 2
(c) A newly adopted plan shall supersede all previous versions. 3
(d) A municipality shall file an informational report on the status of the comprehensive 4
plan implementation program with the chief not more than five (5) years from the date of municipal 5
approval. 6
SECTION 3. Section 45-53-4 of the General Laws in Chapter 45-53 entitled "Low and 7
Moderate Income Housing" is hereby amended to read as follows: 8
45-53-4. Procedure for approval of construction of low- or moderate-income housing. 9
(a) Any applicant proposing to build low- or moderate-income housing may submit to the 10
local review board a single application for a comprehensive permit to build that housing in lieu of 11
separate applications to the applicable local boards. This procedure is only available for proposals 12
in which at least twenty-five percent (25%) of the housing is low- or moderate-income housing. 13
The application and review process for a comprehensive permit shall be as follows: 14
(1) Submission requirements. Applications for a comprehensive permit shall include: 15
(i) A letter of eligibility issued by the Rhode Island housing and mortgage finance 16
corporation, or in the case of projects primarily funded by the U.S. Department of Housing and 17
Urban Development or other state or federal agencies, an award letter indicating the subsidy, or 18
application in such form as may be prescribed for a municipal government subsidy; and 19
(ii) A written request to the local review board to submit a single application to build or 20
rehabilitate low- or moderate-income housing in lieu of separate applications to the applicable local 21
boards. The written request shall identify the specific sections and provisions of applicable local 22
ordinances and regulations from which the applicant is seeking relief; and 23
(iii) A proposed timetable for the commencement of construction and completion of the 24
project; and 25
(iv) A sample land lease or deed restriction with affordability liens that will restrict use as 26
low- and moderate-income housing in conformance with the guidelines of the agency providing 27
the subsidy for the low- and moderate-income housing, but for a period of not less than thirty (30) 28
years; and 29
(v) Identification of an approved entity that will monitor the long-term affordability of the 30
low- and moderate-income units; provided, that, on and after July 1, 2022, this entity shall include 31
the Rhode Island housing resources commission established pursuant to chapter 128 of title 42 and 32
acting through its monitoring agents, and these agents shall monitor the long-term affordability of 33
the low- and moderate-income units pursuant to § 45-53-3.2; and 34
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(vi) A financial pro-forma for the proposed development; and 1
(vii) For comprehensive permit applications: (A) Not involving major land developments 2
or major subdivisions including, but not limited to, applications seeking relief from specific 3
provisions of a local zoning ordinance, or involving administrative subdivisions, minor land 4
developments or minor subdivisions, or other local ordinances and regulations: those items required 5
by local regulations promulgated pursuant to applicable state law, with the exception of evidence 6
of state or federal permits; and for comprehensive permit applications; and (B) Involving major 7
land developments and major subdivisions, unless otherwise agreed to by the applicant and the 8
town; those items included in the checklist for the master plan in the local regulations promulgated 9
pursuant to § 45-23-40. Subsequent to master plan approval, the applicant must submit those items 10
included in the checklist for a preliminary plan for a major land development or major subdivision 11
project in the local regulations promulgated pursuant to § 45-23-41, with the exception of evidence 12
of state or federal permits. All required state and federal permits must be obtained prior to the final 13
plan approval or the issuance of a building permit; and 14
(viii) Municipalities may impose fees on comprehensive permit applications that are 15
consistent with but do not exceed fees that would otherwise be assessed for a project of the same 16
scope and type but not proceeding under this chapter, provided, however, that the imposition of 17
such fees shall not preclude a showing by a nonprofit applicant that the fees make the project 18
financially infeasible; and 19
(xi) Notwithstanding the submission requirements set forth above, the local review board 20
may request additional, reasonable documentation throughout the public hearing, including, but not 21
limited to, opinions of experts, credible evidence of application for necessary federal and/or state 22
permits, statements and advice from other local boards and officials. 23
(2) Certification of completeness. The application must be certified complete or 24
incomplete by the administrative officer according to the provisions of § 45-23-36; provided, 25
however, that for a major land development or major subdivision, the certificate for a master plan 26
shall be granted within twenty-five (25) days and for a preliminary plan shall be granted within 27
twenty-five (25) days. The running of the time period set forth herein will be deemed stopped upon 28
the issuance of a certificate of incompleteness of the application by the administrative officer and 29
will recommence upon the resubmission of a corrected application by the applicant. However, in 30
no event will the administrative officer be required to certify a corrected submission as complete 31
or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies 32
the application as incomplete, the officer shall set forth in writing with specificity the missing or 33
incomplete items. 34
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(3) Pre-application conference. Where the comprehensive permit application proposal is a 1
major land development project or a major subdivision pursuant to chapter 23 of this title a 2
municipality may require an applicant proposing a project under this chapter to first schedule a pre-3
application conference with the local review board, the technical review committee established 4
pursuant to § 45-23-56, or with the administrative officer for the local review board and other local 5
officials, as appropriate. To request a pre-application conference, the applicant shall submit a short 6
description of the project in writing including the number of units, type of housing, as well as a 7
location map. The purpose of the pre-application conference shall be to review a concept plan of 8
the proposed development. Upon receipt of a request by an applicant for a pre-application 9
conference, the municipality has thirty (30) days to schedule and hold the pre-application 10
conference. If thirty (30) days has elapsed from the filing of the pre-application submission and no 11
pre-application conference has taken place, nothing shall be deemed to preclude an applicant from 12
thereafter filing and proceeding with an application for a comprehensive permit. 13
(4) Review of applications. An application filed in accordance with this chapter shall be 14
reviewed by the local review board at a public hearing in accordance with the following provisions: 15
(i) Notification. Upon issuance of a certificate of completeness for a comprehensive 16
permit, the local review board shall immediately notify each local board, as applicable, of the filing 17
of the application, by sending a copy to the local boards and to other parties entitled to notice of 18
hearings on applications under the zoning ordinance and/or land development and subdivision 19
regulations as applicable. 20
(ii) Public notice. Public notice for all public hearings will be the same notice required 21
under local regulations for a public hearing for a preliminary plan promulgated in accordance with 22
§ 45-23-42. The cost of notice shall be paid by the applicant. 23
(iii) Review of minor projects. The review of a comprehensive permit application 24
involving only minor land developments or minor subdivisions or requesting zoning ordinance 25
relief or relief from other local regulations or ordinances not otherwise addressed in this subsection, 26
shall be conducted following the procedures in the applicable local regulations, with the exception 27
that all minor land developments or minor subdivisions under this section are required to hold a 28
public hearing on the application, and within ninety-five (95) days of issuance of the certificate of 29
completeness, or within such further time as is agreed to by the applicant and the local review 30
board, render a decision. 31
(iv) Review of major projects. In the review of a comprehensive permit application 32
involving a major land development and/or major subdivision, the local review board shall hold a 33
public hearing on the master plan and shall, within ninety (90) days of issuance of the certification 34
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of completeness, or within such further amount of time as may be agreed to by the local review 1
board and the applicant, render a decision. Preliminary and final plan review shall be conducted 2
according to local regulations promulgated pursuant to chapter 23 of this title except as otherwise 3
specified in this section. 4
(v) Required findings. In approving an application, the local review board shall make 5
positive findings, supported by legally competent evidence on the record that discloses the nature 6
and character of the observations upon which the fact finders acted, on each of the following 7
standard provisions, where applicable: 8
(A) The proposed development is consistent with local needs as identified in the local 9
comprehensive community plan with particular emphasis on the community’s affordable housing 10
plan and/or has satisfactorily addressed the issues where there may be inconsistencies. 11
(B) The proposed development is in compliance with the standards and provisions of the 12
municipality’s zoning ordinance and subdivision regulations, and/or where expressly varied or 13
waived local concerns that have been affected by the relief granted do not outweigh the state and 14
local need for low- and moderate-income housing. 15
(C) All low- and moderate-income housing units proposed are integrated throughout the 16
development; are compatible in scale and architectural style to the market rate units within the 17
project; and will be built and occupied prior to, or simultaneous with the construction and 18
occupancy of any market rate units. 19
(D) There will be no significant negative environmental impacts from the proposed 20
development as shown on the final plan, with all required conditions for approval. 21
(E) There will be no significant negative impacts on the health and safety of current or 22
future residents of the community, in areas including, but not limited to, safe circulation of 23
pedestrian and vehicular traffic, provision of emergency services, sewerage disposal, availability 24
of potable water, adequate surface water run-off, and the preservation of natural, historical, or 25
cultural features that contribute to the attractiveness of the community. 26
(F) All proposed land developments and all subdivisions lots will have adequate and 27
permanent physical access to a public street in accordance with the requirements of § 45-23-60(5). 28
(G) The proposed development will not result in the creation of individual lots with any 29
physical constraints to development that building on those lots according to pertinent regulations 30
and building standards would be impracticable, unless created only as permanent open space or 31
permanently reserved for a public purpose on the approved, recorded plans. 32
(H) For purposes of estimating housing needs, each municipality shall use population 33
projections generated by the United States Census Bureau and shall consider and adopt findings 34
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related to changes in each of the following factors since their last comprehensive plan as 1
promulgated pursuant to chapter 22.2 of title 45: 2
(I) Household sizes; 3
(II) Household demographics including age, gender, race, or other established 4
demographic category; 5
(III) Household income; 6
(IV) Vacancy rates; 7
(V) Housing costs. 8
(vi) The local review board has the same power to issue permits or approvals that any local 9
board or official who would otherwise act with respect to the application, including, but not limited 10
to, the power to attach to the permit or approval, conditions, and requirements with respect to 11
height, site plan, size or shape, or building materials, as are consistent with the terms of this section. 12
(vii) In reviewing the comprehensive permit request, the local review board may deny the 13
request for any of the following reasons: (A) If the city or town has an approved affordable housing 14
plan and is meeting housing needs, and the proposal is inconsistent with the affordable housing 15
plan; provided that, the local review board also finds that the municipality has made significant 16
progress in implementing that housing plan; (B) The proposal is not consistent with local needs, 17
including, but not limited to, the needs identified in an approved comprehensive plan, and/or local 18
zoning ordinances and procedures promulgated in conformance with the comprehensive plan; (C) 19
The proposal is not in conformance with the comprehensive plan; (D) The community has met or 20
has plans to meet the goal of ten percent (10%) of the year-round units or, in the case of an urban 21
town or city, fifteen percent (15%) of the occupied rental housing units as defined in § 45-53-3(4)(i) 22
being low- and moderate-income housing; provided that, the local review board also finds that the 23
community has achieved or has made significant progress towards meeting the goals required by 24
this section; or (E) Concerns for the environment and the health and safety of current residents have 25
not been adequately addressed. 26
(viii) All local review board decisions on comprehensive permits shall be by majority vote 27
of the members present at the proceeding; provided that, there is at least a quorum of the local 28
review board present and voting at the proceeding, and may be appealed by the applicant to the 29
state housing appeals board. 30
(ix) If the public hearing is not convened or a decision is not rendered within the time 31
allowed in subsections (a)(4)(iii) and (iv), the application is deemed to have been allowed and the 32
relevant approval shall issue immediately; provided, however, that this provision shall not apply to 33
any application remanded for hearing in any town where more than one application has been 34
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remanded for hearing provided for in § 45-53-6(f)(2). 1
(x) Any person aggrieved by the issuance of an approval may appeal to the superior court 2
within twenty (20) days of the issuance of approval. 3
(xi) A comprehensive permit shall expire unless construction is started within twelve (12) 4
months and completed within sixty (60) months of final plan approval unless a longer and/or phased 5
period for development is agreed to by the local review board and the applicant. Low- and 6
moderate-income housing units shall be built and occupied prior to, or simultaneous with the 7
construction and occupancy of market rate units. 8
(xii) A town with an approved affordable housing plan and that is meeting local housing 9
needs may by council action limit the annual total number of dwelling units in comprehensive 10
permit applications from for-profit developers to an aggregate of one percent (1%) of the total 11
number of year-round housing units in the town, as recognized in the affordable housing plan and 12
notwithstanding the timetables set forth elsewhere in this section, the local review board shall have 13
the authority to consider comprehensive permit applications from for-profit developers, which are 14
made pursuant to this paragraph, sequentially in the order in which they are submitted. 15
(xiii) The local review board of a town with an approved affordable housing plan shall 16
report the status of implementation to the housing resources commission, including the disposition 17
of any applications made under the plan, as of June 30, 2006, by September 1, 2006, and for each 18
June 30 thereafter by September 1 through 2010. The housing resources commission shall prepare 19
by October 15 and adopt by December 31, a report on the status of implementation, which shall be 20
submitted to the governor, the speaker, the president of the senate, and the chairperson of the state 21
housing appeals board, and shall find which towns are not in compliance with implementation 22
requirements. 23
(xiv) Notwithstanding the provisions of § 45-53-4 in effect on February 13, 2004, to 24
commence hearings within thirty (30) days of receiving an application remanded by the state 25
housing appeals board pursuant to § 45-53-6(f)(2) shall be heard as herein provided; in any town 26
with more than one remanded application, applications may be scheduled for hearing in the order 27
in which they were received, and may be taken up sequentially, with the thirty-day (30) requirement 28
for the initiation of hearings, commencing upon the decision of the earlier filed application. 29
(b)(1) The general assembly finds and declares that in January 2004 towns throughout 30
Rhode Island have been confronted by an unprecedented volume and complexity of development 31
applications as a result of private for-profit developers using the provisions of this chapter and that 32
in order to protect the public health and welfare in communities and to provide sufficient time to 33
establish a reasonable and orderly process for the consideration of applications made under the 34
LC000697 - Page 14 of 16
provisions of this chapter, and to have communities prepare plans to meet low- and moderate-1
income housing goals, that it is necessary to impose a moratorium on the use of comprehensive 2
permit applications as herein provided by private for-profit developers; a moratorium is hereby 3
imposed on the use of the provisions of this chapter by private for-profit developers, which 4
moratorium shall be effective on passage and shall expire on January 31, 2005, and may be revisited 5
prior to expiration and extended to such other date as may be established by law. Notwithstanding 6
the provisions of subsection (a) of this section, private for-profit developers may not utilize the 7
procedure of this chapter until the expiration of the moratorium. 8
(2) No for-profit developer shall submit a new application for comprehensive permits until 9
July 1, 2005, except by mutual agreement with the local review board. 10
(3) Notwithstanding the provisions of subdivision (b)(2) of this section, a local review 11
board in a town which has submitted a plan in accordance with subsection (c) of this section, shall 12
not be required to accept an application for a new comprehensive permit from a for-profit developer 13
until October 1, 2005. 14
(c) Towns and cities that are not in conformity with the provisions of § 45-53-3(4)(i) shall 15
prepare by December 31, 2004, a comprehensive plan housing element for low- and moderate-16
income housing as specified by § 45-53-3(4)(ii), consistent with applicable law and regulation. 17
That the secretary of the planning board or commission of each city or town subject to the 18
requirements of this paragraph shall report in writing the status of the preparation of the housing 19
element for low- and moderate-income housing on or before June 30, 2004, and on or before 20
December 31, 2004, to the secretary of the state planning council, to the chair of the house 21
committee on corporations and to the chair of the senate committee on commerce, housing and 22
municipal government. The state housing appeals board shall use said plan elements in making 23
determinations provided for in § 45-53-6(c)(2). 24
(d) If any provision of this section or the application thereof shall for any reason be judged 25
invalid, the judgment shall not affect, impair, or invalidate the remainder of this section or of any 26
other provision of this chapter, but shall be confined in its effect to the provision or application 27
directly involved in the controversy giving rise to the judgment, and a moratorium on the 28
applications of for-profit developers pursuant to this chapter shall remain and continue to be in 29
effect for the period commencing on the day this section becomes law [February 13, 2004] and 30
continue until it shall expire on January 31, 2005, or until amended further. 31
(e) In planning for, awarding, and otherwise administering programs and funds for housing 32
and for community development, state departments, agencies, boards and commissions, and public 33
corporations, as defined in chapter 18 of title 35, shall among the towns subject to the provision of 34
LC000697 - Page 15 of 16
§ 45-53-3(ii), give priority to the maximum extent allowable by law to towns with an approved 1
affordable housing plan. The director of administration shall adopt not later than January 31, 2005, 2
regulations to implement the provisions of this section. 3
(f) Multi-family rental units built under a comprehensive permit may be calculated towards 4
meeting the requirements of a municipality’s low- or moderate-income housing inventory, as long 5
as the units meet and are in compliance with the provisions of § 45-53-3.1. 6
SECTION 4. Section 23-27.3-105.3 of the General Laws in Chapter 23-27.3 entitled "State 7
Building Code" is hereby amended to read as follows: 8
23-27.3-105.3. Part change in use. 9
(a) If a portion of a building is changed in occupancy or to a new use group, and that portion 10
is separated from the remainder of the building with the required vertical and horizontal fire 11
division complying with the fire grading as provided by this code, then the construction involved 12
in the change shall be made to conform to the requirements of this code, or the requirements of the 13
rehabilitation building and fire code for existing buildings and structures as applicable for the new 14
use and occupancy, and the existing portion shall be made to comply with the exitway requirements 15
of this code. 16
(b) The state building code standards committee shall establish uniform standards for a 17
municipality to allow alternate approval of construction related to conversions of single-family 18
dwellings into no more than four (4) residential dwelling units that are no more than two (2) stories 19
in height and that received certificates of occupancy prior to January 1, 2023. 20
(1) Any application submitted for alternate approval of construction related to conversions 21
shall be granted or denied by the local building official within fifteen (15) business days and if 22
denied, the local building official shall inform the applicant in writing of the reason or reasons for 23
the denial. 24
(2) Appeals from any denial shall be filed with the local zoning board of appeals within 25
twenty (20) calendar days. 26
SECTION 5. This act shall take effect upon passage. 27
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LC000697 - Page 16 of 16
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO TOWNS AND CITIES -- PROHIBITION OF SINGLE-FAMILY ZONING IN
URBAN GROWTH BOUNDAR IES ACT OF 2023
***
This act would require single-family residential zoning in municipalities with populations 1
of over twenty-thousand (20,000) to allow middle housing and mandates that those municipalities 2
adopt zoning regulations for middle housing. 3
This act would take effect upon passage. 4
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