Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0597 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- S 0597
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7	7	LC001830
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO TOWNS AN D CITIES -- ZONING ORDINANCES -- PROMOTION OF
16	16	NEIGHBORHOOD CHARACT ER AND SMART GROWTH
17	17	Introduced By: Senator Samuel W. Bell
18	18	Date Introduced: March 07, 2023
19	19	Referred To: Senate Housing & Municipal Government
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Sections 45-24-30, 45-24-31, 45-24-33, 45-24-34, 45-24-36, 45-24-37, 45-1
24	24	24-39, 45-24-40, 45-24-42, 45-24-43, 45-24-44, 45-24-46.1, 45-24-46.2, 45-24-46.3, 45-24-46.4, 2
25	25	45-24-47, 45-24-48, 45-24-57, 45-24-58 and 45-24-61 of the General Laws in Chapter 45-24 3
26	26	entitled "Zoning Ordinances" are hereby amended to read as follows: 4
27	27	45-24-30. General purposes of zoning ordinances. 5
28	28	(a) Zoning regulations shall be developed and maintained in accordance with a 6
29	29	comprehensive plan prepared, adopted, and as may be amended, in accordance with chapter 22.2 7
30	30	of this title and shall be designed to address the following purposes. The general assembly 8
31	31	recognizes these purposes, each with equal priority and numbered for reference purposes only. 9
32	32	(1) Respecting the right of housing for every Rhode Islander in any city or town, regardless 10
33	33	of their income. 11
34	34	(1)(2) Promoting the public health, safety, and general welfare. 12
35	35	(2)(3) Providing for a range of uses and intensities of use appropriate to the character of 13
36	36	the city or town and reflecting current and expected future needs. 14
37	37	(4) Promoting smart growth, redevelopment of previously developed land and preservation 15
38	38	of undeveloped land. 16
39	39	(3)(5) Providing for orderly growth and, development, and redevelopment that recognizes: 17
40	40	(i) The goals and patterns of land use contained in the comprehensive plan of the city or 18
41	41
42	42
43	43	LC001830 - Page 2 of 32
44	44	town adopted pursuant to chapter 22.2 of this title; 1
45	45	(ii) The natural characteristics of the land, including its suitability for use based on soil 2
46	46	characteristics, topography, and susceptibility to surface or groundwater pollution; 3
47	47	(iii) The values and dynamic nature of coastal and freshwater ponds, the shoreline, and 4
48	48	freshwater and coastal wetlands; 5
49	49	(iv) The values of unique or valuable natural resources and features; 6
50	50	(v) The availability and capacity of existing and planned public and/or private services and 7
51	51	facilities, specifically public and civic spaces, transportation, water, storm water management 8
52	52	systems, sewage treatment and disposal, solid waste treatment and disposal, schools, recreation, 9
53	53	public facilities, open space, and other public requirements; 10
54	54	(vi) The need to shape and balance urban and rural development; and 11
55	55	(vii) The use of innovative development and redevelopment regulations and techniques. 12
56	56	(4)(6) Providing for the control, protection, and/or abatement of air, water, groundwater, 13
57	57	and noise pollution, and soil erosion and sedimentation. 14
58	58	(5)(7) Providing for the protection of the natural, historic, cultural, and scenic character 15
59	59	characteristics of the city or town or areas in the municipality. 16
60	60	(6)(8) Providing for the preservation and promotion of agricultural production, forest, 17
61	61	silviculture, aquaculture, timber resources, public and civic spaces, and open space. 18
62	62	(7)(9) Providing for the protection of public investment in transportation, public and civic 19
63	63	spaces, water, stormwater management systems, sewage treatment and disposal, solid waste 20
64	64	treatment and disposal, schools, recreation, public facilities, open space, and other public 21
65	65	requirements. 22
66	66	(8)(10) Promoting a balance of housing choices, for all income levels and groups, to assure 23
67	67	the health, safety and welfare of all citizens and their rights to affordable, accessible, safe, and 24
68	68	sanitary housing. 25
69	69	(9)(11) Providing opportunities for the establishment of low- and moderate-income 26
70	70	housing. 27
71	71	(10)(12) Promoting safety from fire, flood, and other natural or unnatural disasters wildfire. 28
72	72	(11)(13) Promoting a high level of quality in design and construction in the development 29
73	73	and redevelopment of private and public facilities. 30
74	74	(12)(14) Promoting implementation of the comprehensive plan of the city or town adopted 31
75	75	pursuant to chapter 22.2 of this title. 32
76	76	(13)(15) Providing for coordination of land uses with contiguous municipalities, other 33
77	77	municipalities, the state, and other agencies, as appropriate, especially with regard to resources and 34
78	78
79	79
80	80	LC001830 - Page 3 of 32
81	81	facilities that extend beyond municipal boundaries or have a direct impact on that municipality. 1
82	82	(14)(16) Providing for efficient review of development and redevelopment proposals, to 2
83	83	clarify and expedite the zoning approval process. 3
84	84	(15)(17) Providing for procedures for the administration of the zoning ordinance, 4
85	85	including, but not limited to, variances, special-use special permits, and, where adopted, procedures 5
86	86	for modifications. 6
87	87	(16)(18) Providing opportunities for reasonable accommodations in order to comply with 7
88	88	the Rhode Island Fair Housing Practices Act, chapter 37 of title 34; the United States Fair Housing 8
89	89	Amendments Act of 1988 (FHAA); the Rhode Island Civil Rights of Persons with Disabilities Act, 9
90	90	chapter 87 of title 42; and the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 10
91	91	et seq. 11
92	92	Provided, however, that any zoning ordinance in which a community sets forth standards 12
93	93	or requirements for the location, design, construction, or maintenance of on-site wastewater 13
94	94	treatment systems shall first be submitted to the director of the department of environmental 14
95	95	management for approval as to the technical merits of the ordinance. In addition, any zoning 15
96	96	ordinance in which a municipality sets forth standards regarding wetland requirements, shall first 16
97	97	be submitted to the director of the department of environmental management for approval as to the 17
98	98	technical merits of the ordinance. 18
99	99	(b) Upon the effective date of this section, a city or town shall no longer be authorized to 19
100	100	adopt as a provision of its zoning ordinance new requirements that specify buffers or setbacks in 20
101	101	relation to freshwater wetland, freshwater wetland in the vicinity of the coast, or coastal wetland or 21
102	102	that specify setback distances between an onsite wastewater treatment system and a freshwater 22
103	103	wetlands, freshwater wetland in the vicinity of the coast, or coastal wetland. 23
104	104	(c) Upon promulgation of state regulations to designate wetland buffers and setbacks 24
105	105	pursuant to §§ 2-1-18 through 2-1-28, cities and towns shall be prohibited from applying the 25
106	106	requirements in existing zoning ordinances pertaining to both wetland buffers and onsite 26
107	107	wastewater treatment system setbacks to development applications submitted to a municipality 27
108	108	after the effective date of said state regulations. All applications for development that were 28
109	109	submitted to a municipality prior to the effective date of state regulations designating wetland 29
110	110	buffers and setbacks, will remain subject to, as applicable, the zoning provisions pertaining to 30
111	111	wetland buffers or setbacks for onsite wastewater treatment systems that were in effect at the time 31
112	112	the application was originally filed or granted approval, subject to the discretion of the municipality 32
113	113	to waive such requirements. Nothing herein shall rescind the authority of a city or town to enforce 33
114	114	local zoning requirements. 34
115	115
116	116
117	117	LC001830 - Page 4 of 32
118	118	(d) Cities and towns shall act to amend their ordinances and regulations to conform to this 1
119	119	section within twelve (12) months of the effective date of state regulations referenced herein. 2
120	120	45-24-31. Definitions. 3
121	121	Where words or terms used in this chapter are defined in § 45-22.2-4 or 45-23-32, they 4
122	122	have the meanings stated in that section. In addition, the following words have the following 5
123	123	meanings. Additional words and phrases may be used in developing local ordinances under this 6
124	124	chapter; however, the words and phrases defined in this section are controlling in all local 7
125	125	ordinances created under this chapter: 8
126	126	(1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with 9
127	127	no intervening land. 10
128	128	(2) Accessory dwelling unit (ADU). A residential living unit on the same parcel where the 11
129	129	primary use is a legally established single-unit or multi-unit dwelling. An ADU provides complete 12
130	130	independent living facilities for one or more persons. It may take various forms including, but not 13
131	131	limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; 14
132	132	or a unit that is part of an expanded or remodeled primary dwelling. 15
133	133	(3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental 16
134	134	and subordinate to the principal use of the land or building. An accessory use may be restricted to 17
135	135	the same lot as the principal use. An accessory use shall not be permitted without the principal use 18
136	136	to which it is related. 19
137	137	(4) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be: 20
138	138	(i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her, 21
139	139	or its property will be injured by a decision of any officer or agency responsible for administering 22
140	140	the zoning ordinance of a city or town; or 23
141	141	(ii) Anyone requiring notice pursuant to this chapter. 24
142	142	(5) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4. 25
143	143	(6) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2. 26
144	144	(7) Applicant. An owner, or authorized agent of the owner, submitting an application or 27
145	145	appealing an action of any official, board, or agency. 28
146	146	(8) Application. The completed form, or forms, and all accompanying documents, exhibits, 29
147	147	and fees required of an applicant by an approving authority for development review, approval, or 30
148	148	permitting purposes. 31
149	149	(9) Architectural form. The shape or configuration of a building. Form and its opposite, 32
150	150	space, constitute primary elements of architecture. The form of a group of buildings, such as part 33
151	151	of a street wall, may include several buildings on separate lots owned by separate owners. 34
152	152
153	153
154	154	LC001830 - Page 5 of 32
155	155	(10) Architectural wall. The vertical plane created by a series of architectural forms. See 1
156	156	also "street wall." 2
157	157	(9)(11) Buffer. Land that is maintained in either a natural or landscaped state, and is used 3
158	158	to screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-4
159	159	way. 5
160	160	(10)(12) Building. Any structure used or intended for supporting or sheltering any use or 6
161	161	occupancy. 7
162	162	(11)(13) Building envelope. The three-dimensional space within which a structure is 8
163	163	permitted to be built on a lot and that is defined by regulations governing building setbacks, 9
164	164	maximum height, and bulk; by other regulations; or by any combination thereof. 10
165	165	(12)(14) Building height. For a vacant parcel of land, building height shall be measured 11
166	166	from the average, existing-grade elevation where the foundation of the structure is proposed. For 12
167	167	an existing structure, building height shall be measured from average grade taken from the 13
168	168	outermost four (4) corners of the existing foundation. In all cases, building height shall be measured 14
169	169	to the top of the highest point of the existing or proposed roof or structure. This distance shall 15
170	170	exclude spires, chimneys, flag poles, and the like. For any property or structure located in a special 16
171	171	flood hazard area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted 17
172	172	on the Rhode Island coastal resources management council (CRMC) suggested design elevation 18
173	173	three foot (3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-19
174	174	year (100) storm, the greater of the following amounts, expressed in feet, shall be excluded from 20
175	175	the building height calculation: 21
176	176	(i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or 22
177	177	proposed freeboard, less the average existing grade elevation; or 23
178	178	(ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a 24
179	179	one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate 25
180	180	the appropriate suggested design elevation map for the exclusion every ten (10) years, or as 26
181	181	otherwise necessary. 27
182	182	(15) Civic space. See "public and civic space". 28
183	183	(13)(16) Cluster. A site-planning technique that concentrates buildings in specific areas 29
184	184	on the site to allow the remaining land to be used for public and civic space, recreation, common 30
185	185	open space, and/or preservation of environmentally, historically, culturally, or other sensitive 31
186	186	features and/or structures. The techniques used to concentrate buildings shall be specified in the 32
187	187	ordinance and may include, but are not limited to, reduction in lot areas, setback requirements, 33
188	188	and/or bulk requirements, with the resultant open land being devoted by deed restrictions for one 34
189	189
190	190
191	191	LC001830 - Page 6 of 32
192	192	or more uses. Under cluster development, there is no increase in the number of lots that would be 1
193	193	permitted under conventional development except where ordinance provisions include incentive 2
194	194	bonuses for certain types or conditions of development. 3
195	195	(14)(17) Common ownership. Either: 4
196	196	(i) Ownership by one or more individuals or entities in any form of ownership of two (2) 5
197	197	or more contiguous lots; or 6
198	198	(ii) Ownership by any association (ownership may also include a municipality) of one or 7
199	199	more lots under specific development techniques. 8
200	200	(15)(18) Community residence. A home or residential facility where children and/or adults 9
201	201	reside in a family setting and may or may not receive supervised care. This does not include halfway 10
202	202	houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the 11
203	203	following: 12
204	204	(i) Whenever six (6) or fewer children or adults with intellectual and/or developmental 13
205	205	disability reside in any type of residence in the community, as licensed by the state pursuant to 14
206	206	chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community 15
207	207	residences; 16
208	208	(ii) A group home providing care or supervision, or both, to not more than eight (8) persons 17
209	209	with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1; 18
210	210	(iii) A residence for children providing care or supervision, or both, to not more than eight 19
211	211	(8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of 20
212	212	title 42; 21
213	213	(iv) A community transitional residence providing care or assistance, or both, to no more 22
214	214	than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) 23
215	215	persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, 24
216	216	abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor 25
217	217	more than two (2) years. Residents will have access to, and use of, all common areas, including 26
218	218	eating areas and living rooms, and will receive appropriate social services for the purpose of 27
219	219	fostering independence, self-sufficiency, and eventual transition to a permanent living situation. 28
220	220	(16)(19) Comprehensive plan. The comprehensive plan adopted and approved pursuant to 29
221	221	chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in 30
222	222	compliance. 31
223	223	(17)(20) Day care — Daycare center. Any other daycare center that is not a family daycare 32
224	224	home. 33
225	225	(18)(21) Day care — Family daycare home. Any home, other than the individual’s home, 34
226	226
227	227
228	228	LC001830 - Page 7 of 32
229	229	in which day care in lieu of parental care or supervision is offered at the same time to six (6) or less 1
230	230	individuals who are not relatives of the caregiver, but may not contain more than a total of eight 2
231	231	(8) individuals receiving day care. 3
232	232	(19)(22) Density, residential. The number of dwelling units per unit of land. 4
233	233	(20)(23) Development. The construction, reconstruction, conversion, facade redesign, 5
234	234	structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, 6
235	235	or land disturbance; or any change in use, or alteration or extension of the use, of land. 7
236	236	(21)(24) Development plan review. The process whereby authorized, local officials review 8
237	237	the site plans, maps, and other documentation of a development to determine the compliance with 9
238	238	the stated purposes and standards of the ordinance. 10
239	239	(22)(25) District. See “zoning-use and form district.” 11
240	240	(23)(26) Drainage system. A system for the removal of water from land by drains, grading, 12
241	241	or other appropriate means. These techniques may include runoff controls to minimize erosion and 13
242	242	sedimentation during and after construction or development; the means for preserving surface and 14
243	243	groundwaters; and the prevention and/or alleviation of flooding. 15
244	244	(24)(27) Dwelling unit. A structure, or portion of a structure, providing complete, 16
245	245	independent living facilities for one or more persons, including permanent provisions for living, 17
246	246	sleeping, eating, cooking, and sanitation, and containing a separate means of ingress and egress. 18
247	247	(25)(28) Extractive industry. The extraction of minerals, including: solids, such as coal 19
248	248	and ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes 20
249	249	quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other 21
250	250	preparation customarily done at the extraction site or as a part of the extractive activity. 22
251	251	(26)(29) Family member. A person, or persons, related by blood, marriage, or other legal 23
252	252	means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, 24
253	253	grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household. 25
254	254	(27)(30) Floating zone. An unmapped zoning district adopted within the ordinance that is 26
255	255	established on the zoning map only when an application for development, meeting the zone 27
256	256	requirements, is approved. 28
257	257	(28)(31) Floodplains, or Flood hazard area. As defined in § 45-22.2-4. 29
258	258	(32) Form. See "architectural form." 30
259	259	(29)(33) Freeboard. A factor of safety expressed in feet above the base flood elevation of 31
260	260	a flood hazard area for purposes of floodplain management. Freeboard compensates for the many 32
261	261	unknown factors that could contribute to flood heights, such as wave action, bridge openings, and 33
262	262	the hydrological effect of urbanization of the watershed. 34
263	263
264	264
265	265	LC001830 - Page 8 of 32
266	266	(30)(34) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3. 1
267	267	(31)(35) Halfway house. A residential facility for adults or children who have been 2
268	268	institutionalized for criminal conduct and who require a group setting to facilitate the transition to 3
269	269	a functional member of society. 4
270	270	(32)(36) Hardship. See § 45-24-41. 5
271	271	(33)(37) Historic district or historic site. As defined in § 45-22.2-4. 6
272	272	(34)(38) Home occupation. Any activity customarily carried out for gain by a resident, 7
273	273	conducted as an accessory use in the resident’s dwelling unit. 8
274	274	(35)(39) Household. One or more persons living together in a single-dwelling unit, with 9
275	275	common access to, and common use of, all living and eating areas and all areas and facilities for 10
276	276	the preparation and storage of food within the dwelling unit. The term “household unit” is 11
277	277	synonymous with the term “dwelling unit” for determining the number of units allowed within any 12
278	278	structure on any lot in a zoning district. An individual household shall consist of any one of the 13
279	279	following: 14
280	280	(i) A family, which may also include servants and employees living with the family; or 15
281	281	(ii) A person or group of unrelated persons living together. The maximum number may be 16
282	282	set by local ordinance, but this maximum shall not be less than three (3). 17
283	283	(36)(40) Incentive zoning. The process whereby the local authority may grant additional 18
284	284	development capacity in exchange for the developer’s provision of a public benefit or amenity as 19
285	285	specified in local ordinances. 20
286	286	(37)(41) Infrastructure. Facilities and services needed to sustain residential, commercial, 21
287	287	industrial, institutional, and other activities. 22
288	288	(38)(42) Land-development project. A project in which one or more lots, tracts, or parcels 23
289	289	of land are developed or redeveloped as a coordinated site for one or more uses, units, or structures, 24
290	290	including, but not limited to, planned development or cluster development for residential, 25
291	291	commercial, institutional, recreational, open space, or mixed uses as provided in the zoning 26
292	292	ordinance. 27
293	293	(39)(43) Lot. Either: 28
294	294	(i) The basic development unit for determination of lot area, depth, and other dimensional 29
295	295	regulations; or 30
296	296	(ii) A parcel of land whose boundaries have been established by some legal instrument, 31
297	297	such as a recorded deed or recorded map, and that is recognized as a separate legal entity for 32
298	298	purposes of transfer of title. 33
299	299	(40)(44) Lot area. The total area within the boundaries of a lot, excluding any street right-34
300	300
301	301
302	302	LC001830 - Page 9 of 32
303	303	of-way, usually reported in acres or square feet. 1
304	304	(41)(45) Lot area, minimum. The smallest land area established by the local zoning 2
305	305	ordinance upon which a use, building, or structure may be located in a particular zoning district. 3
306	306	(42)(46) Lot building coverage. That portion of the lot that is, or may be, covered by 4
307	307	buildings and accessory buildings. 5
308	308	(43)(47) Lot depth. The distance measured from the front lot line to the rear lot line. For 6
309	309	lots where the front and rear lot lines are not parallel, the lot depth is an average of the depth. 7
310	310	(44)(48) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall 8
311	311	specify how noncontiguous frontage will be considered with regard to minimum frontage 9
312	312	requirements. 10
313	313	(45)(49) Lot line. A line of record, bounding a lot, that divides one lot from another lot or 11
314	314	from a public or private street or any other public or private space and shall include: 12
315	315	(i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall 13
316	316	specify the method to be used to determine the front lot line on lots fronting on more than one 14
317	317	street, for example, corner and through lots; 15
318	318	(ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of 16
319	319	triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10′) in length 17
320	320	entirely within the lot, parallel to and at a maximum distance from, the front lot line; and 18
321	321	(iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may 19
322	322	be a street lot line, depending on requirements of the local zoning ordinance. 20
323	323	(46)(50) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined 21
324	324	herein. 22
325	325	(47)(51) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon 23
326	326	two (2) streets that do not intersect at the boundaries of the lot. 24
327	327	(48)(52) Lot width. The horizontal distance between the side lines of a lot measured at 25
328	328	right angles to its depth along a straight line parallel to the front lot line at the minimum front 26
329	329	setback line. 27
330	330	(49)(53) Mere inconvenience. See § 45-24-41. 28
331	331	(50)(54) Mixed use. A mixture of land uses within a single development, building, or tract. 29
332	332	Also referred as traditional development. Typically ground floor commercial with residential 30
333	333	above. 31
334	334	(51)(55) Modification. Permission granted and administered by the zoning enforcement 32
335	335	officer of the city or town, and pursuant to the provisions of this chapter to grant a dimensional 33
336	336	variance other than lot area requirements from the zoning ordinance to a limited degree as 34
337	337
338	338
339	339	LC001830 - Page 10 of 32
340	340	determined by the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) 1
341	341	of each of the applicable dimensional requirements. 2
342	342	(52)(56) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully 3
343	343	existing at the time of the adoption or amendment of a zoning ordinance or in existence for at least 4
344	344	six (6) years and not in conformity with the provisions of that ordinance or amendment. 5
345	345	Nonconformance is of only two (2) types: 6
346	346	(i) Nonconforming by use: a lawfully established use of land, building, or structure that is 7
347	347	not a permitted use in that zoning district. A building or structure containing more dwelling units 8
348	348	than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or 9
349	349	nonconforming by use. Nonconforming by use shall be established if a use was lawfully existing 10
350	350	prior to the enactment of the zoning ordinance or amendment that rendered the use out of 11
351	351	conformity; if a use has been in existence for fifty (50) years; or if a non-accessory use has been in 12
352	352	existence for twenty-five (25) years without the initiation of any enforcement actions to ensure 13
353	353	conformity with the zoning ordinance. In the case where the nonconformance by use exists because 14
354	354	the number of dwelling units exceeds the limits established by the use regulations of a zoning 15
355	355	ordinance, the nonconformance shall be established if the dwelling units were lawfully existing 16
356	356	prior to the enactment of a zoning ordinance or a zoning amendment that rendered the use out of 17
357	357	conformity; if the dwelling units were in existence prior to January 1, 2016; if the dwelling units 18
358	358	have been in existence for twenty-five (25) years; or if the dwelling units have been in existence 19
359	359	for six (6) years without the initiation of any enforcement actions to ensure conformity with the 20
360	360	zoning ordinance. In the case where the use is a zoning use that raises pollution risk, 21
361	361	nonconformance by use shall only be established if the zoning use that raises pollution risk was 22
362	362	lawfully existing for at least six (6) years prior to the enactment of the zoning ordinance or 23
363	363	amendment that rendered the zoning use that raises pollution risk out of conformity. 24
364	364	(ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance 25
365	365	with the dimensional regulations of the zoning ordinance. Dimensional regulations include all 26
366	366	regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building 27
367	367	or structure containing more dwelling units than are permitted by the use regulations of a zoning 28
368	368	ordinance is nonconforming by use; a building or structure containing a permitted number of 29
369	369	dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per 30
370	370	dwelling unit regulations, is nonconforming by dimension. Nonconformance by dimension shall be 31
371	371	established if the dimensional conditions were lawfully existing prior to the enactment of the zoning 32
372	372	ordinance or amendment that rendered the building, structure, or parcel of land out of conformity; 33
373	373	if the dimensional conditions were in existence prior to January 1, 2015; if the dimensional 34
374	374
375	375
376	376	LC001830 - Page 11 of 32
377	377	conditions have been in existence for twenty-five (25) years; or if the dimensional conditions have 1
378	378	been in existence for six (6) years without the initiation of any enforcement actions to ensure 2
379	379	conformity with the zoning ordinance. 3
380	380	(53)(57) Overlay district. A district established in a zoning ordinance that is superimposed 4
381	381	on one or more districts or parts of districts. The standards and requirements associated with an 5
382	382	overlay district may be more or less restrictive than those in the underlying districts consistent with 6
383	383	other applicable state and federal laws. 7
384	384	(54)(58) Performance standards. A set of criteria or limits relating to elements that a 8
385	385	particular use or process must either meet or may not exceed. 9
386	386	(55)(59) Permitted use. A use by right that is specifically authorized in a particular zoning 10
387	387	district. 11
388	388	(56)(60) Planned development. A “land-development project,” as defined in subsection 12
389	389	(38), and developed according to plan as a single entity and containing one or more structures or 13
390	390	uses with appurtenant common areas. 14
391	391	(57)(61) Plant agriculture. The growing of plants for food or fiber, to sell or consume. 15
392	392	(58)(62) Preapplication conference. A review meeting of a proposed development held 16
393	393	between applicants and reviewing agencies as permitted by law and municipal ordinance, before 17
394	394	formal submission of an application for a permit or for development approval. 18
395	395	(63) Public and civic space. An extension of the community, serving as a stage for our 19
396	396	public lives. The space enriches the lives of its users and enhances its surrounding buildings and 20
397	397	neighborhood. Public and civic space includes atria, boardwalks, courtyards, forecourts, overlooks, 21
398	398	plazas, paths, and squares. 22
399	399	(64) Reconstruction. The act or process of depicting, by means of new construction, the 23
400	400	form features, and detailing of a non-surviving site, landscape, building, structure, or object for the 24
401	401	purpose of replicating its appearance at a specific period of time and in its historic location. 25
402	402	(65) Redevelopment. Alteration to previously developed land, structures, or buildings 26
403	403	which may include adaptive reuse, reconstruction, conversion, facade redesign, structural 27
404	404	alteration, relocation, or enlargement of any structure or building. 28
405	405	(66) Rural. Sparsely populated and lacking in public services. Primarily open space and 29
406	406	agriculture with interstitial development. 30
407	407	(59)(67) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance 31
408	408	of the required setback for the zoning district in which the lot is located that establishes the area 32
409	409	within which the principal structure must be erected or placed. 33
410	410	(60)(68) Site plan. The development plan for one or more lots on which is shown the 34
411	411
412	412
413	413	LC001830 - Page 12 of 32
414	414	existing and/or the proposed conditions of the lot. 1
415	415	(61)(69) Slope of land. The grade, pitch, rise, or incline of the topographic landform or 2
416	416	surface of the ground. 3
417	417	(62)(70) Special use permit. A regulated use or dimension that is permitted pursuant to the 4
418	418	special-use special permit issued by the authorized governmental entity, pursuant to § 45-24-42. 5
419	419	Formerly referred to as a special use permit or modification, or special exception. There are only 6
420	420	two (2) categories of special permit: a special use permit or a special dimensional permit. 7
421	421	(i) Special use permit. A regulated use that is permitted pursuant to the special use permit 8
422	422	issued by the authorized governmental entity, pursuant to § 45-24-42. Special use permits are 9
423	423	typically utilized for uses that may have an outsize impact on the surrounding area, such as schools 10
424	424	or drive-through windows. 11
425	425	(ii) Special dimensional permit. A regulated dimension that is permitted pursuant to the 12
426	426	special dimensional permit issued by the authorized governmental entity, pursuant to § 45-24-42. 13
427	427	Special dimensional permits allow the involvement of the public and the discretion of the 14
428	428	authorized governmental entity in allowing small deviations from a zoning ordinance. 15
429	429	(71) Street wall. The architectural wall on either side of a street. A street wall requires 16
430	430	relatively consistent setbacks, building heights, building envelopes, and landscaping to function. 17
431	431	(63)(72) Structure. A combination of materials to form a construction for use, occupancy, 18
432	432	or ornamentation, whether installed on, above, or below the surface of land or water. 19
433	433	(64)(73) Substandard lot of record. Any lot lawfully existing at the time of adoption or 20
434	434	amendment of a zoning ordinance and not in conformance with the dimensional or area provisions 21
435	435	of that ordinance. 22
436	436	(74) Urban. Densely populated with defined and balanced public and private realms, 23
437	437	primarily with public and civic spaces, people-centric design, continuous, coherent, and 24
438	438	harmonious architectural wall, extensive public services, including transportation, water, 25
439	439	stormwater management systems, sewage treatment and disposal, solid waste treatment and 26
440	440	disposal, schools, recreation, public facilities, interstitial open space and agriculture, and other 27
441	441	public requirements. Generally defined by the division of planning as village centers and areas 28
442	442	within the urban services boundary, on a map maintained by the division of planning. 29
443	443	(65)(75) Use. The purpose or activity for which land or buildings are designed, arranged, 30
444	444	or intended, or for which land or buildings are occupied or maintained. 31
445	445	(66)(76) Variance. Permission to depart from the literal requirements of a zoning 32
446	446	ordinance. An authorization for the construction or maintenance of a building or structure, or for 33
447	447	the establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There 34
448	448
449	449
450	450	LC001830 - Page 13 of 32
451	451	are only two (2) categories of variance, a use variance or a dimensional variance. 1
452	452	(i) Use variance. Permission to depart from the use requirements of a zoning ordinance 2
453	453	where the applicant for the requested variance has shown by evidence upon the record that the 3
454	454	subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the 4
455	455	zoning ordinance. 5
456	456	(ii) Dimensional variance. Permission to depart from the dimensional requirements of a 6
457	457	zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the 7
458	458	record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use 8
459	459	of the subject property unless granted the requested relief from the dimensional regulations. 9
460	460	However, the fact that a use may be more profitable or that a structure may be more valuable after 10
461	461	the relief is granted are not grounds for relief. 11
462	462	(67)(77) Waters. As defined in § 46-12-1(23). 12
463	463	(68)(78) Wetland, coastal. As defined in § 45-22.2-4. 13
464	464	(69)(79) Wetland, freshwater. As defined in § 2-1-20. 14
465	465	(70)(80) Zoning certificate. A document signed by the zoning-enforcement officer, as 15
466	466	required in the zoning ordinance, that acknowledges that a use, structure, building, or lot either 16
467	467	complies with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or 17
468	468	is an authorized variance or modification therefrom. 18
469	469	(71)(81) Zoning map. The map, or maps, that are a part of the zoning ordinance and that 19
470	470	delineate the boundaries of all mapped zoning districts within the physical boundary of the city or 20
471	471	town. 21
472	472	(72)(82) Zoning ordinance. An ordinance enacted by the legislative body of the city or 22
473	473	town pursuant to this chapter and in the manner providing for the adoption of ordinances in the city 23
474	474	or town’s legislative or home rule charter, if any, that establish regulations and standards relating 24
475	475	to the nature and extent of uses of land and structures; that is consistent with the comprehensive 25
476	476	plan of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that 26
477	477	complies with the provisions of this chapter. 27
478	478	(73)(83) Zoning-use and form district. The basic unit in zoning, either mapped or 28
479	479	unmapped, to which a uniform set of regulations applies, or a uniform set of regulations for a 29
480	480	specified use. Zoning-use and form districts include, but are not limited to: agricultural, 30
481	481	commercial, industrial, institutional, mixed-use, open space, and residential, as well as urban core, 31
482	482	urban center, general urban, inner suburban, outer suburban, exurban, and rural. Each district may 32
483	483	include sub-districts. Districts may be combined. 33
484	484	(84) Zoning use that raises pollution risk. A use that raises potential for residents and 34
485	485
486	486
487	487	LC001830 - Page 14 of 32
488	488	visitors of the surrounding area to experience the negative effects of air, groundwater, stormwater, 1
489	489	smell, auditory, or vibrational activities associated with the primary or accessory use of the subject 2
490	490	property. The following uses shall be included: animal care facility, nightclub, broadcasting 3
491	491	facility, car wash, drive-through facility, parking facility, asphalt surfaces, freight terminal, funeral 4
492	492	home, gas station, golf course, plant nursery, commercial agriculture, marina, boat construction 5
493	493	and repair, brewery, distillery, winery, power plant, strip mall, motorized vehicle repair, and all 6
494	494	industrial uses. The division of planning shall have the power to establish rules and regulations that 7
495	495	identify additional uses that meet these criteria. 8
496	496	45-24-33. Standard provisions. 9
497	497	(a) A zoning ordinance addresses each of the purposes stated in § 45-24-30 and addresses, 10
498	498	through reasonable objective standards and criteria, the following general provisions which are 11
499	499	numbered for reference purposes only except as prohibited by §§ 45-24-30(b), 45-24-30(c), or 45-12
500	500	24-30(d): 13
501	501	(1) Permitting, prohibiting, limiting, and restricting the development and redevelopment of 14
502	502	land and structures in zoning districts, and regulating those land and structures according to their 15
503	503	type and the nature and extent of their use; 16
504	504	(2) Regulating the nature and extent of the use of land for residential, commercial, 17
505	505	industrial, institutional, recreational, agricultural, open space, or other use or combination of uses, 18
506	506	as the need for land for those purposes is determined by the city or town’s comprehensive plan; 19
507	507	(3) Permitting, prohibiting, limiting, and restricting buildings, structures, land uses, and 20
508	508	other development and redevelopment by performance standards, or other requirements, related to 21
509	509	air and water and groundwater quality, noise and glare, energy consumption, soil erosion and 22
510	510	sedimentation, and/or the availability and capacity of existing and planned public or private 23
511	511	services, specifically transportation, water, stormwater management systems, sewage treatment and 24
512	512	disposal, solid waste treatment and disposal, schools, recreation, public facilities, open space, and 25
513	513	other public requirements; 26
514	514	(4) Regulating within each district and designating requirements for: 27
515	515	(i) The height, number of stories, and size, fenestration, and proportions of buildings; 28
516	516	(ii) The dimensions, size, lot coverage, floor area ratios, and layout of lots or development 29
517	517	areas; 30
518	518	(iii) The density and intensity of use; 31
519	519	(iv) Access to air and light, views, and solar access; 32
520	520	(v) Open space, yards, courts, and buffers; 33
521	521	(vi) Parking areas, road design, and, where appropriate, pedestrian, bicycle, and other 34
522	522
523	523
524	524	LC001830 - Page 15 of 32
525	525	circulator systems; 1
526	526	(vii) Landscaping, fencing, and lighting; 2
527	527	(viii) Appropriate drainage requirements and methods to manage stormwater runoff; 3
528	528	(ix) Public access to waterbodies, rivers, and streams; and 4
529	529	(x) Other requirements in connection with any use of land or structure; 5
530	530	(5) Permitting, prohibiting, limiting, and restricting development and redevelopment in 6
531	531	flood plains or flood hazard areas and designated significant natural areas; 7
532	532	(6) Promoting the conservation of energy and promoting energy-efficient patterns of 8
533	533	development and redevelopment; 9
534	534	(7) Providing for the protection of existing and planned public drinking water supplies, 10
535	535	their tributaries and watersheds, and the protection of Narragansett Bay, its tributaries and 11
536	536	watershed; 12
537	537	(8) Providing for adequate, safe, and efficient transportation systems; and avoiding 13
538	538	congestion by relating types and levels of development and redevelopment to the capacity of the 14
539	539	circulation system, and maintaining a safe level of service of the system; 15
540	540	(9) Providing for the preservation and enhancement of the recreational resources of the city 16
541	541	or town; 17
542	542	(10) Promoting an economic climate that increases quality job opportunities and the overall 18
543	543	economic well-being of the city or town and the state; 19
544	544	(11) Providing for pedestrian transportation access to and between public and private 20
545	545	facilities, including, but not limited to, schools, employment centers, shopping areas, recreation 21
546	546	areas, and residences; 22
547	547	(12) Providing standards for, and requiring the provision of, adequate and properly 23
548	548	designed physical improvements, including plantings, and the proper maintenance of property; 24
549	549	(13) Permitting, prohibiting, limiting, and restricting land use in areas where development 25
550	550	and redevelopment is deemed to create a hazard to the public health or safety; 26
551	551	(14) Permitting, prohibiting, limiting, and restricting extractive industries and earth 27
552	552	removal and requiring restoration of land after these activities; 28
553	553	(15) Regulating sanitary landfill, except as otherwise provided by state statute; 29
554	554	(16) Permitting, prohibiting, limiting, and restricting signs and billboards and other outdoor 30
555	555	advertising devices; 31
556	556	(17) Designating airport hazard areas under the provisions of chapter 3 of title 1, and 32
557	557	enforcement of airport hazard area zoning regulations under the provisions established in that 33
558	558	chapter; 34
559	559
560	560
561	561	LC001830 - Page 16 of 32
562	562	(18) Designating areas of historic, cultural, and/or archaeological value and regulating 1
563	563	development and redevelopment in those areas under the provisions of chapter 24.1 of this title; 2
564	564	(19) Providing standards and requirements for the regulation, review, and approval of any 3
565	565	proposed development and redevelopment in connection with those uses of land, buildings, or 4
566	566	structures specifically designated as subject to development plan review in a zoning ordinance; 5
567	567	(20) Designating special protection areas for water supply and limiting or prohibiting 6
568	568	development and redevelopment in these areas, except as otherwise provided by state statute; 7
569	569	(21) Specifying requirements for safe road access to developments and redevelopments 8
570	570	from existing streets, including limiting the number, design, and location of curb cuts, and 9
571	571	provisions for internal circulation systems, including pedestrian and bicycle ways, for new 10
572	572	developments, and redevelopments and provisions for pedestrian and bicycle ways; and; 11
573	573	(22) Reducing unnecessary delay in approving or disapproving development applications 12
574	574	through provisions for preapplication conferences and other means.; 13
575	575	(23) Providing for the application of the Rhode Island Fair Housing Practices Act, chapter 14
576	576	37 of title 34, the United States Fair Housing Amendments Act of 1988 (FHAA); the Rhode Island 15
577	577	Civil Rights People with Disabilities Act, chapter 37 of title 42; and the Americans with Disabilities 16
578	578	Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.; and 17
579	579	(24) Regulating drive-through windows of varied intensity of use when associated with 18
580	580	land-use activities and providing standards and requirements for the regulation, review, and 19
581	581	approval of the drive-through windows, including, but not limited to: 20
582	582	(i) Identifying within which zoning districts drive-through windows may be permitted, 21
583	583	prohibited, or permitted by special-use special permit; 22
584	584	(ii) Specifying requirements for adequate traffic circulation; and 23
585	585	(iii) Providing for adequate pedestrian safety and access, including issues concerning safety 24
586	586	and access for those with disabilities. 25
587	587	(b) A zoning ordinance may include special provisions for any or all of the following: 26
588	588	(1) Authorizing development incentives, including, but not limited to, additional permitted 27
589	589	uses, increased development and density, or additional design or dimensional flexibility in 28
590	590	exchange for: 29
591	591	(i) Increased open space; 30
592	592	(ii) Increased housing choices; 31
593	593	(iii) Traffic and pedestrian improvements; 32
594	594	(iv) Public and/or private facilities; and/or 33
595	595	(v) Other amenities as desired by the city or town and consistent with its comprehensive 34
596	596
597	597
598	598	LC001830 - Page 17 of 32
599	599	plan. The provisions in the ordinance shall include maximum allowable densities of population 1
600	600	and/or intensities of use and shall indicate the type of improvements, amenities, and/or conditions. 2
601	601	Conditions may be made for donation in lieu of direct provisions for improvements or amenities; 3
602	602	(2) Establishing a system for transfer of development rights within or between zoning 4
603	603	districts designated in the zoning ordinance; and 5
604	604	(3) Regulating the development and redevelopment adjacent to designated scenic 6
605	605	highways, scenic waterways, major thoroughfares, public greenspaces, or other areas of special 7
606	606	public investment or valuable natural resources. 8
607	607	(c) Slope of land shall not be excluded from the calculation of the buildable lot area or the 9
608	608	minimum lot size, or in the calculation of the number of buildable lots or units. 10
609	609	(d) Nothing in this section shall be construed to restrict a municipality’s right, within state 11
610	610	and local regulations, to establish its own minimum lot size per zoning district in its town or city. 12
611	611	45-24-34. General provisions — Purpose and consistency with comprehensive plan. 13
612	612	(a) A zoning ordinance adopted pursuant to this chapter shall provide a statement of its 14
613	613	purposes. Those purposes shall be consistent with § 45-24-30. A zoning ordinance adopted or 15
614	614	amended pursuant to this chapter shall include a statement that the zoning ordinance is consistent 16
615	615	with the comprehensive plan of the city or town adopted pursuant to chapter 22.2 of this title, or as 17
616	616	otherwise provided below and shall provide that in the instance of uncertainty in the construction 18
617	617	or application of any section of the ordinance, the ordinance shall be construed in a manner that 19
618	618	will further the implementation of, and not be contrary to, the goals and policies and applicable 20
619	619	elements of the comprehensive plan. 21
620	620	(b) The city or town shall bring the zoning ordinance or amendment into conformance with 22
621	621	its comprehensive plan as approved by the chief of the division of planning of the department of 23
622	622	administration or the superior court in accordance with its implementation schedule as set forth in 24
623	623	said plan, a period no longer than three (3) years. A zoning ordinance shall address and specify 25
624	624	requirements for the coordination between contiguous communities, the state, and other agencies, 26
625	625	as required by chapter 22.2 of this title. 27
626	626	45-24-36. General provisions — Division into districts. 28
627	627	A zoning ordinance divides a city or town into zoning use and form districts, which may 29
628	628	include overlay districts and floating zone districts, of the number, kind, type, shape, and area 30
629	629	suitable to carry out the purposes of this chapter. Regulations and standards shall be consistent for 31
630	630	each land use, type of development and redevelopment, or type of building or structure within a 32
631	631	district, but may differ from those in other districts. Zoning use and form districts shall be depicted 33
632	632	by type and location on the zoning map. 34
633	633
634	634
635	635	LC001830 - Page 18 of 32
636	636	45-24-37. General provisions — Permitted uses. 1
637	637	(a) The zoning ordinance shall provide a listing of all land uses and/or performance 2
638	638	standards for uses that are permitted within the zoning use and form districts of the municipality. 3
639	639	The ordinance may provide for a procedure under which a proposed land use that is not specifically 4
640	640	listed may be presented by the property owner to the zoning board of review or to a local official 5
641	641	or agency charged with administration and enforcement of the ordinance for an evaluation and 6
642	642	determination of whether the proposed use is of a similar type, character, and intensity as a listed 7
643	643	permitted use. Upon such determination, the proposed use may be considered to be a permitted use. 8
644	644	(b) Notwithstanding any other provision of this chapter, the following uses are permitted 9
645	645	uses within all residential zoning use and form districts of a municipality and all industrial and 10
646	646	commercial zoning use and form districts except where residential use is prohibited for public 11
647	647	health or safety reasons: 12
648	648	(1) Households; 13
649	649	(2) Community residences; and 14
650	650	(3) Family daycare homes. 15
651	651	(c) Any time a building or other structure used for residential purposes, or a portion of a 16
652	652	building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire 17
653	653	or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured home, 18
654	654	or homes, as the need may be, elsewhere upon the land, for use and occupancy of the former 19
655	655	occupants for a period of up to twelve (12) months, or until the building or structure is rehabilitated 20
656	656	and otherwise made fit for occupancy. The property owner, or a properly designated agent of the 21
657	657	owner, is only allowed to cause the mobile and manufactured home, or homes, to remain 22
658	658	temporarily upon the land by making timely application to the local building official for the 23
659	659	purposes of obtaining the necessary permits to repair or rebuild redevelop the structure. 24
660	660	(d) Notwithstanding any other provision of this chapter, appropriate access for people with 25
661	661	disabilities to residential structures is allowed as a reasonable accommodation for any person(s) 26
662	662	residing, or intending to reside, in the residential structure. 27
663	663	(e) Notwithstanding any other provision of this chapter, an accessory dwelling unit in an 28
664	664	owner-occupied residence that complies with §§ 45-24-31 and 45-24-73 shall be permitted as a 29
665	665	reasonable accommodation for family members with disabilities or who are sixty-two (62) years of 30
666	666	age or older, or to accommodate other family members. 31
667	667	(f) When used in this section the terms “people with disabilities” or “member, or members, 32
668	668	with disabilities” means a person(s) who has a physical or mental impairment that substantially 33
669	669	limits one or more major life activities, as defined in § 42-87-1(7). 34
670	670
671	671
672	672	LC001830 - Page 19 of 32
673	673	(g) Notwithstanding any other provisions of this chapter, plant agriculture is a permitted 1
674	674	use within all zoning districts of a municipality, including all industrial and commercial zoning 2
675	675	districts, except where prohibited for public health or safety reasons or the protection of wildlife 3
676	676	habitat. 4
677	677	45-24-39. General provisions — Nonconforming development. 5
678	678	(a) Any city or town adopting or amending a zoning ordinance under this chapter shall 6
679	679	make provision for any use, activity, structure, building, or sign or other improvement, lawfully 7
680	680	existing at the time of the adoption or amendment of the zoning ordinance, but which is lawfully 8
681	681	established as nonconforming by use or nonconforming by dimension. The zoning ordinance may 9
682	682	regulate development which is nonconforming by dimension differently than that which is 10
683	683	nonconforming by use. 11
684	684	(b) The zoning ordinance shall permit the continuation of nonconforming development; 12
685	685	however, this does not prohibit the regulation of nuisances. The continuation of nonconforming 13
686	686	development shall only relate to zoning. It shall not be construed to provide any right to 14
687	687	continuation of non-compliance with building codes, any right to continuation of non-compliance 15
688	688	with the provisions of chapters 24.2 and 24.3 of title 45, any right to continuation of non-16
689	689	compliance with the provisions of chapter 23 of title 46, or any right to continuation of non-17
690	690	compliance with any regulations promulgated by the coastal resources management council. 18
691	691	(c) A zoning ordinance may shall provide that, if a nonconforming use is abandoned, it 19
692	692	may not be reestablished. Abandonment of a nonconforming use zoning use that raises pollution 20
693	693	risk consists of some overt act, or failure to act, which leads one to believe that the owner of the 21
694	694	nonconforming zoning use that raises pollution risk neither claims nor retains any interest in 22
695	695	continuing the nonconforming zoning use that raises pollution risk unless the owner can 23
696	696	demonstrate an intent not to abandon the zoning use that raises pollution risk. If any nonconforming 24
697	697	zoning use that raises pollution risk is halted for a period of three (3) years, the owner of the 25
698	698	nonconforming zoning use that raises pollution risk is presumed to have abandoned the 26
699	699	nonconforming zoning use that raises pollution risk, even if there is no intent to abandon the zoning 27
700	700	use that raises pollution risk. An involuntary interruption of nonconforming use, as by fire and 28
701	701	natural catastrophe, does not establish the intent to abandon the nonconforming use; however, if If 29
702	702	any nonconforming use is halted for a period of one year twenty (20) years, the owner of the 30
703	703	nonconforming use is presumed to have abandoned the nonconforming use, unless that presumption 31
704	704	is rebutted by the presentation of sufficient evidence of intent not to abandon the use. An 32
705	705	involuntary interruption of nonconforming use, as by fire and natural catastrophe, does not establish 33
706	706	the intent to abandon the nonconforming use. A use that is nonconforming by use because the 34
707	707
708	708
709	709	LC001830 - Page 20 of 32
710	710	building or structure contains more dwelling units than are permitted by the use regulations of a 1
711	711	zoning ordinance shall never be considered abandoned, unless the zoning use and form district does 2
712	712	not permit any residential use. 3
713	713	(d) Abandonment of a nonconforming accessory use shall not be construed to imply 4
714	714	abandonment of other nonconforming uses of the site. 5
715	715	(e) Although nonconformance by dimension shall never be deemed abandoned, the non-6
716	716	abandonment of nonconformance by dimension shall not be construed to imply non-abandonment 7
717	717	of nonconforming uses of the site. 8
718	718	45-24-40. General provisions — Alteration of nonconforming development. 9
719	719	(a) A zoning ordinance may shall permit a nonconforming development to be altered under 10
720	720	either of the following conditions: 11
721	721	(1) The ordinance may establish a special-use permit, authorizing the alteration, which 12
722	722	must be approved by the zoning board of review following the procedure established in this chapter 13
723	723	and in the zoning ordinance; or 14
724	724	(2) The ordinance may shall allow the reconstruction, addition and enlargement, expansion, 15
725	725	intensification, or change in use, of nonconforming development either by special permit or by 16
726	726	right and may distinguish between the foregoing actions by zoning districts. 17
727	727	(b) The ordinance may require that the alteration more closely adheres to the intent and 18
728	728	purposes of the zoning ordinance. 19
729	729	(c) A use established by variance or special use permit shall not acquire the rights of this 20
730	730	section. 21
731	731	45-24-42. General provisions — Special-use permits. General provisions — Special 22
732	732	permits. 23
733	733	(a) A zoning ordinance shall provide for the issuance of special-use special permits 24
734	734	approved by the zoning board of review, or, where unified development review is enabled pursuant 25
735	735	to § 45-24-46.4, the planning board or commission. 26
736	736	(b) The ordinance shall: 27
737	737	(1) Specify the uses requiring special-use special permits in each district and the 28
738	738	dimensions requiring a special dimensional permit in each district. Dimensional requirements in 29
739	739	special dimensional permits shall not exceed fifty percent (50%) of the dimensional requirements 30
740	740	specified in the zoning ordinance or the average of existing conditions on lots within the notice area 31
741	741	as defined in § 45-24-53(d)(2), whichever is greater. A special dimensional permit does not permit 32
742	742	moving of lot lines. The ordinance may provide for a procedure under which a proposed land use 33
743	743	that is not specifically listed may be presented by the property owner to the zoning board of review 34
744	744
745	745
746	746	LC001830 - Page 21 of 32
747	747	or to a local official or agency charged with administration and enforcement of the ordinance for 1
748	748	an evaluation and determination of whether the proposed use is of a similar type, character, and 2
749	749	intensity as a listed use requiring a special-use permit. Upon such determination, the proposed use 3
750	750	may be considered to be a use requiring a special-use permit; 4
751	751	(2) Describe the conditions and procedures under which special-use special permits, of 5
752	752	each of the various categories of special-use special permits established in the zoning ordinance, 6
753	753	may be issued; 7
754	754	(3) Establish criteria for the issuance of each category of special-use special permit that 8
755	755	shall be in conformance with the purposes and intent of the comprehensive plan and the zoning 9
756	756	ordinance of the city or town. If a special dimensional permit is granted, neighboring property shall 10
757	757	neither be substantially injured nor its appropriate use substantially impaired, specifically the 11
758	758	appearance of the subject property from the street in comparison to properties on its left and right, 12
759	759	and it does not alter a flood hazard requirement; 13
760	760	(4) Provide for public hearings and notification of the date, time, place, and purpose of 14
761	761	those hearings to interested parties. Special-use Special permit requests submitted under a zoning 15
762	762	ordinance’s unified development review provisions shall be heard and noticed in conjunction with 16
763	763	the subdivision or land-development application, according to the requirements of § 45-23-50.1. 17
764	764	Public notice for special-use special permits that are not submitted under a zoning ordinance’s 18
765	765	unified development review provisions shall be given at least fourteen (14) days prior to the date 19
766	766	of the hearing in a newspaper of general circulation in the city or town. Notice of hearing shall be 20
767	767	sent by first-class mail to the applicant, and to all those who would require notice under § 45-24-21
768	768	53. The notice shall also include the street address of the subject property. A zoning ordinance may 22
769	769	require that a supplemental notice, that an application for a special-use special permit is under 23
770	770	consideration, be posted at the location in question. The posting is for information purposes only 24
771	771	and does not constitute required notice of a public hearing. The cost of notification shall be borne 25
772	772	by the applicant; 26
773	773	(5) Provide for the recording of findings of fact and written decisions; and 27
774	774	(6) Provide that appeals may be taken pursuant to § 45-24-70 or § 45-23-66, dependent on 28
775	775	the board to which application was made. 29
776	776	(c) The ordinance additionally may shall provide that an applicant may apply for, and be 30
777	777	issued, a dimensional variance in conjunction with a special-use special permit. If the special use 31
778	778	special permit could not exist without the dimensional variance, the zoning board of review, or, 32
779	779	where unified development review is enabled pursuant to § 45-24-46.4(b), the planning board or 33
780	780	commission shall consider the special-use special permit and the dimensional variance together to 34
781	781
782	782
783	783	LC001830 - Page 22 of 32
784	784	determine if granting the special use permit is appropriate based on both the special use permit 1
785	785	criteria and the dimensional variance evidentiary standards. 2
786	786	45-24-43. General provisions — Special conditions. 3
787	787	In granting a variance or in making any determination upon which it is required to pass 4
788	788	after a public hearing under a zoning ordinance, the zoning board of review or other zoning 5
789	789	enforcement agency may apply the special conditions that may, in the opinion of the board or 6
790	790	agency, be required to promote the intent and purposes of the comprehensive plan and the zoning 7
791	791	ordinance of the city or town. Failure to abide by any special conditions attached to a grant 8
792	792	constitutes a zoning violation. Those special conditions shall be based on competent credible 9
793	793	evidence on the record, be incorporated into the decision, and may include, but are not limited to, 10
794	794	provisions for: 11
795	795	(1) Minimizing the adverse impact of the development or redevelopment upon other land, 12
796	796	including the type, intensity, design, and performance of activities; 13
797	797	(2) Controlling the sequence of development or redevelopment, including when it must be 14
798	798	commenced and completed; 15
799	799	(3) Controlling the duration of use or development and the time within which any 16
800	800	temporary structure must be removed; 17
801	801	(4) Assuring satisfactory installation and maintenance of required public improvements; 18
802	802	(5) Designating the exact location and nature of development or redevelopment; and 19
803	803	(6) Establishing detailed records by submission of drawings, maps, plats, or specifications. 20
804	804	45-24-44. General provisions — Creation of vested rights. 21
805	805	(a) A zoning ordinance provides protection for the consideration of applications for 22
806	806	development or redevelopment that are substantially complete and have been submitted for 23
807	807	approval to the appropriate review agency in the city or town prior to enactment of the new zoning 24
808	808	ordinance or amendment. 25
809	809	(b) Zoning ordinances or other land development ordinances or regulations specify the 26
810	810	minimum requirements for a development application to be substantially complete for the purposes 27
811	811	of this section. 28
812	812	(c) Any application considered by a city or town under the protection of this section shall 29
813	813	be reviewed according to the regulations applicable in the zoning ordinance in force at the time the 30
814	814	application was submitted. 31
815	815	(d) If an application for development or redevelopment under the provisions of this section 32
816	816	is approved, reasonable time limits shall be set within which development or redevelopment of the 33
817	817	property must begin and within which development or redevelopment must be substantially 34
818	818
819	819
820	820	LC001830 - Page 23 of 32
821	821	completed. 1
822	822	45-24-46.1. Inclusionary zoning. 2
823	823	(a) A zoning ordinance requiring the inclusion of affordable housing as part of a 3
824	824	development or redevelopment shall provide that the housing will be affordable housing, as defined 4
825	825	in § 42-128-8.1(d)(1); that the affordable housing will constitute not less than ten percent (10%) of 5
826	826	the total units in the development or redevelopment; and that the units will remain affordable for a 6
827	827	period of not less than thirty-years (30) from initial occupancy enforced through a land lease and/or 7
828	828	deed restriction enforceable by the municipality and the state of Rhode Island. 8
829	829	(b) A zoning ordinance that includes inclusionary zoning may provide that the affordable 9
830	830	housing must be built on-site or utilize one or more alternative methods of production, including, 10
831	831	but not limited to, off-site construction or rehabilitation, donation of land suitable for development 11
832	832	of the required affordable units, and/or the payment of a fee in lieu of the construction or provision 12
833	833	of affordable housing units. For all projects subject to inclusionary zoning, density bonuses and 13
834	834	other incentives shall be established by the community and shall apply to offset differential costs 14
835	835	of below-market units. 15
836	836	(c) This fee in lieu of the construction or provision of affordable housing shall be the choice 16
837	837	of the developer or builder applied on a per-unit basis and may be used for new developments, 17
838	838	purchasing property and/or homes, rehabilitating properties, or any other manner that creates 18
839	839	additional low-or-moderate income housing as defined in § 45-53-3(9). 19
840	840	(1) For affordable single-family homes and condominium units, the per-unit fee shall be 20
841	841	the difference between the maximum affordable sales price for a family of four (4) earning eighty 21
842	842	percent (80%) of the area median income as determined annually by the U.S. Department of 22
843	843	Housing and Urban Development and the average cost of developing a single unit of affordable 23
844	844	housing. The average cost of developing a single unit of affordable housing shall be determined 24
845	845	annually based on the average, per-unit development cost of affordable homes financed by Rhode 25
846	846	Island housing over the previous three (3) years, excluding existing units that received preservation 26
847	847	financing. 27
848	848	(2) Notwithstanding subsection (c)(1) of this section, in no case shall the per-unit fee for 28
849	849	affordable single family homes and condominium units be less than forty thousand dollars 29
850	850	($40,000). 30
851	851	(d) The municipality shall deposit all in-lieu payments into restricted accounts that shall be 31
852	852	allocated and spent only for the creation and development of affordable housing within the 32
853	853	municipality serving individuals or families at or below eighty percent (80%) of the area median 33
854	854	income. The municipality shall maintain a local affordable housing board to oversee the funds in 34
855	855
856	856
857	857	LC001830 - Page 24 of 32
858	858	the restricted accounts and shall allocate the funds within two (2) years. The municipality shall 1
859	859	include in the housing element of their local comprehensive plan, if applicable, the process it will 2
860	860	use to allocate the funds. 3
861	861	(e) As an alternative to the provisions of subsection (d), the municipality may elect to 4
862	862	transfer in-lieu payments promptly upon receipt or within the two-year (2) period after receipt to 5
863	863	the housing resources commission or Rhode Island housing for the purpose of developing 6
864	864	affordable housing within that community. 7
865	865	(f) Rhode Island housing shall report to the general assembly and the housing resources 8
866	866	commission the amount of fees in lieu collected by community; the projects that were provided 9
867	867	funding with the fees, the dollar amounts allocated to the projects and the number of units created. 10
868	868	45-24-46.2. Special provisions — Transfer of development rights — North Kingstown. 11
869	869	(a) In addition to other powers granted to towns and cities by this chapter to establish and 12
870	870	administer transfer of development rights programs, the town council of the town of North 13
871	871	Kingstown may provide by ordinance for the transfer of development rights, as a voluntary program 14
872	872	available to developers and property owners, in the manner set forth in this section. 15
873	873	(b) The establishment, as provided for by this section, of a system for transfer of 16
874	874	development rights within or between zoning districts, or a portion thereof, designated in the zoning 17
875	875	ordinance shall be: 18
876	876	(1) For the purpose of providing developers and property owners the ability to establish, 19
877	877	certify, purchase, sell, convey, and/or hold land development rights; and 20
878	878	(2) For one or more of the following purposes: 21
879	879	(i) Preserving sensitive resource areas in the community such as groundwater reserves, 22
880	880	wildlife habitat, agricultural lands, and public access to surface waters; 23
881	881	(ii) Directing development away from sensitive resource areas to places better suited to 24
882	882	increased levels of development and redevelopment such as established or proposed mixed use, 25
883	883	commercial, village, or residential centers; 26
884	884	(iii) Directing development to areas served by existing infrastructure such as established 27
885	885	roadways, public water supply systems, centralized sewer collection systems, public transit and 28
886	886	other utilities; or 29
887	887	(iv) Shaping and balancing urban and rural development; and/or promoting a high level of 30
888	888	quality in design in the development and redevelopment of private and public facilities and spaces. 31
889	889	(c) For purposes of this section the following terms shall have the following meaning: 32
890	890	(1) “Receiving area district” means a zoning district, which is established and mapped 33
891	891	pursuant to a transfer of development rights ordinance and superimposed on one or more zoning 34
892	892
893	893
894	894	LC001830 - Page 25 of 32
895	895	use and form districts or portions thereof that is eligible to receive development rights through a 1
896	896	major land development project review. As may be necessary or desirable to achieve the intended 2
897	897	uses, density and intensity of use, a receiving area district may allow for additional development 3
898	898	and redevelopment capacity and for increased lot building coverage and building envelope that are 4
899	899	greater than those of the underlying zoning. 5
900	900	(2) “Sending area district” means a zoning district, which is established and mapped 6
901	901	pursuant to a transfer of development rights ordinance and superimposed on one or more zoning 7
902	902	use and form districts or a portion thereof, that is eligible to establish development rights that may 8
903	903	eventually be transferred to a receiving area. 9
904	904	45-24-46.3. Special provisions — Transfer of development rights — Exeter. 10
905	905	(a) In addition to other powers granted to towns and cities by this chapter to establish and 11
906	906	administer transfer of development rights programs, the town council of the town of Exeter may 12
907	907	provide by ordinance for the transfer of development rights, as a voluntary program available to 13
908	908	developers and property owners, in the manner set forth in this section. 14
909	909	(b) For purposes of this section the following terms shall have the following meaning: 15
910	910	(1) “Receiving area district” means a zoning district, which is established and mapped 16
911	911	pursuant to a transfer of development rights ordinance and superimposed on one or more zoning 17
912	912	use and form districts or portions thereof, that is eligible to receive development rights through a 18
913	913	major land development project review. As may be necessary or desirable to achieve the intended 19
914	914	uses, density and intensity of use, a receiving area district may allow for additional development 20
915	915	capacity and for increased lot building coverage and building envelope that are greater than those 21
916	916	of the underlying zoning. 22
917	917	(2) “Sending area district” means a zoning district, which is established and mapped 23
918	918	pursuant to a transfer of development rights ordinance and superimposed on one or more zoning 24
919	919	use and form districts or a portion thereof, that is eligible to establish development rights that may 25
920	920	eventually be transferred to a receiving area. 26
921	921	(c) The establishment, as provided for by this section, of a system for transfer of 27
922	922	development rights within or between zoning districts, or a portion thereof, designated in the zoning 28
923	923	ordinance shall be: 29
924	924	(1) For the purpose of providing developers and property owners the ability to establish, 30
925	925	certify, purchase, sell, convey, and/or hold land development rights; and 31
926	926	(2) For one or more of the following purposes: 32
927	927	(i) Preserving sensitive resource areas in the community such as groundwater reserves, 33
928	928	wildlife habitat, agricultural lands, and public access to surface waters; 34
929	929
930	930
931	931	LC001830 - Page 26 of 32
932	932	(ii) Directing development away from sensitive resource areas to places better suited to 1
933	933	increased levels of development and redevelopment such as established or proposed mixed use, 2
934	934	commercial, village, or residential centers; 3
935	935	(iii) Directing development to areas served by existing infrastructure such as established 4
936	936	roadways, public water supply systems, centralized sewer collection systems, public transit and 5
937	937	other utilities; or 6
938	938	(iv) Shaping and balancing urban and rural development, and/or promoting a high level of 7
939	939	quality in design in the development and redevelopment of private and public facilities and spaces. 8
940	940	45-24-46.4. Special provisions — Unified development review. 9
941	941	(a) A zoning ordinance may provide that review and approval of dimensional variances, 10
942	942	use variances, special dimensional permits, and/or special-use special permits for properties 11
943	943	undergoing review by the planning board or commission as land development or subdivision 12
944	944	projects pursuant to § 45-23-36, be conducted and decided by the planning board or commission. 13
945	945	This process is to be known as unified development review. 14
946	946	(b) If unified development review is desired, such review must be enabled within the 15
947	947	zoning ordinance, in accordance with this section, and the local subdivision and land-development 16
948	948	regulations must be brought into conformance, pursuant to § 45-23-50.1. 17
949	949	(c) A zoning ordinance that provides for unified development review shall: 18
950	950	(1) Specify which types of zoning approval the planning board or commission shall be 19
951	951	empowered to grant for which types of projects; and 20
952	952	(2) Provide that any person, group, agency, or corporation that files an application for an 21
953	953	included land development or subdivision project may also file requests for relief from the literal 22
954	954	requirements of a zoning ordinance on the subject property, pursuant to § 45-24-41, and/or for the 23
955	955	issuance of special-use special permits for the subject property, pursuant to § 45-24-42, by 24
956	956	including such within the application to the administrative officer of the planning board or 25
957	957	commission with the other required application materials, pursuant to § 45-23-50.1(b). 26
958	958	(d) A zoning ordinance that provides for unified development review may specify design, 27
959	959	use, public benefit, or other relevant criteria that must be met in order for an application to qualify 28
960	960	for review under the unified development review provisions of the zoning ordinance. Certification 29
961	961	as to whether an application meets the established criteria shall be conducted in conjunction with, 30
962	962	and following the time lines outlined for, certification of completeness of the application, pursuant 31
963	963	to §§ 45-23-38(c), 45-23-40(b), or 45-23-41(b). 32
964	964	(e) All land development and subdivision applications that include requests for variances 33
965	965	and/or special-use permits submitted pursuant to this section shall require a public hearing that 34
966	966
967	967
968	968	LC001830 - Page 27 of 32
969	969	meets the requirements of §§ 45-23-50.1(b) and 45-23-50.1(c). 1
970	970	(f) In granting requests for dimensional and use variances, the planning board or 2
971	971	commission shall be bound to the requirements of §§ 45-24-41(d) and 45-24-41(e) relative to 3
972	972	entering evidence into the record in satisfaction of the applicable standards. 4
973	973	(g) In reviewing requests for special-use special permits, the planning board or commission 5
974	974	shall be bound to the conditions and procedures under which a special-use special permit may be 6
975	975	issued and the criteria for the issuance of such permits, as found within the zoning ordinance 7
976	976	pursuant to §§ 45-24-42(b)(1), 45-24-42(b)(2) and 45-24-42(b)(3), and shall be required to provide 8
977	977	for the recording of findings of fact and written decisions as described in the zoning ordinance 9
978	978	pursuant to § 45-24-42(b)(5). 10
979	979	(h) An appeal from any decision made pursuant to this section may be taken pursuant to § 11
980	980	45-23-66. 12
981	981	45-24-47. Special provisions — Land development projects. 13
982	982	(a) A zoning ordinance may provide for land development projects which are projects in 14
983	983	which one or more lots, tracts, or parcels of land are to be developed or redeveloped as a coordinated 15
984	984	site for a complex of uses, units, or structures, including, but not limited to, planned development 16
985	985	and/or cluster development for residential, commercial, institutional, industrial, recreational, open 17
986	986	space, and/or mixed uses as may be provided for in the zoning ordinance. 18
987	987	(b) A zoning ordinance adopted pursuant to this chapter which permits or requires the 19
988	988	creation of land development projects in one or more zoning districts shall require that any land 20
989	989	development project is referred to the city or town planning board or commission for approval, in 21
990	990	accordance with the procedures established by chapter 23 of this title, including those for appeal 22
991	991	and judicial review, and with any ordinances or regulations adopted pursuant to the procedures, 23
992	992	whether or not the land development project constitutes a “subdivision”, as defined in chapter 23 24
993	993	of this title. No land development project shall be initiated until a plan of the project has been 25
994	994	submitted to the planning board or commission and approval has been granted by the planning 26
995	995	board or commission. In reviewing, hearing, and deciding upon a land development project, the 27
996	996	city or town planning board or commission may be empowered to allow zoning incentives within 28
997	997	the project; provided, that standards for the adjustments are described in the zoning ordinance, and 29
998	998	may be empowered to apply any special conditions and stipulations to the approval that may, in the 30
999	999	opinion of the planning board or commission, be required to maintain harmony with neighboring 31
1000	1000	uses and promote the objectives and purposes of the comprehensive plan and zoning ordinance. 32
1001	1001	(c) In regulating land development projects, an ordinance adopted pursuant to this chapter 33
1002	1002	may include, but is not limited to, regulations governing the following: 34
1003	1003
1004	1004
1005	1005	LC001830 - Page 28 of 32
1006	1006	(1) A minimum area or site size for a land development project; 1
1007	1007	(2) Uses to be permitted within the development; 2
1008	1008	(3) Ratios of residential to nonresidential uses where applicable; 3
1009	1009	(4) Maximum density per lot and maximum density for the entire development, with 4
1010	1010	provisions for adjustment of applicable lot density and dimensional standards where open space is 5
1011	1011	to be permanently set aside for public or common use, and/or where the physical characteristics, 6
1012	1012	location, or size of the site require an adjustment, and/or where the location, size, and type of 7
1013	1013	housing, commercial, industrial, or other use require an adjustment, and/or where housing for low 8
1014	1014	and moderate income families is to be provided, or where other amenities not ordinarily required 9
1015	1015	are provided, as stipulated in the zoning ordinance. Provision may be made for adjustment of 10
1016	1016	applicable lot density and dimensional standards for payment or donation of other land or facilities 11
1017	1017	in lieu of an on-site provision of an amenity that would, if provided on-site, enable an adjustment; 12
1018	1018	(5) Roads, driveways, utilities, parking, and other facilities; regulations may distinguish 13
1019	1019	between those facilities intended to remain in private ownership or to be dedicated to the public; 14
1020	1020	and 15
1021	1021	(6) Buffer areas, landscaping, screening, and shading. 16
1022	1022	(d)(1) A zoning ordinance requiring open land in a cluster development or other land 17
1023	1023	development project for public or common use, shall provide that such open land either: (i) be 18
1024	1024	conveyed to the city or town and accepted by it for park, open space, agricultural, or other specified 19
1025	1025	use or uses, or (ii) be conveyed to a nonprofit organization, the principal purpose of which is the 20
1026	1026	conservation of open space or resource protection, or (iii) be conveyed to a corporation or trust 21
1027	1027	owned or to be owned by the owners of lots or units within the development or redevelopment, or 22
1028	1028	owners of shares within a cooperative development or redevelopment. If such a corporation or trust 23
1029	1029	is used, ownership shall pass with conveyances of the lots or units, or (iv) remain in private 24
1030	1030	ownership if the use is limited to agriculture, habitat or forestry, and the city or town has set forth 25
1031	1031	in its community comprehensive plan and zoning ordinance that private ownership is necessary for 26
1032	1032	the preservation and management of the agricultural, habitat or forest resources. 27
1033	1033	(2) In any case where the land is not conveyed to the city or town: 28
1034	1034	(i) A restriction, in perpetuity, enforceable by the city or town or by any owner of property 29
1035	1035	in the cluster or other land development project in which the land is located shall be recorded 30
1036	1036	providing that the land is kept in the authorized condition(s) and not built upon or developed for 31
1037	1037	accessory uses such as parking or roadway; and 32
1038	1038	(ii) The developmental rights and other conservation easements on the land may be held, 33
1039	1039	in perpetuity, by a nonprofit organization, the principal purpose of which is the conservation of 34
1040	1040
1041	1041
1042	1042	LC001830 - Page 29 of 32
1043	1043	open space or resource protection. 1
1044	1044	(3) All open space land provided by a cluster development or other land development 2
1045	1045	project shall be subject to a community approved management plan that will specify the permitted 3
1046	1046	uses for the open space. 4
1047	1047	45-24-48. Special provisions — Preapplication conference. 5
1048	1048	A zoning ordinance may provide for a preapplication conference for specific types of 6
1049	1049	development and redevelopment proposals. A preapplication conference is intended to allow the 7
1050	1050	designated agency to: 8
1051	1051	(1) Acquaint the applicant with the comprehensive plan and any specific plans that apply 9
1052	1052	to the parcel, as well as the zoning and other ordinances that affect the proposed development or 10
1053	1053	redevelopment; 11
1054	1054	(2) Suggest improvements to the proposed design on the basis of a review of the sketch 12
1055	1055	plan; 13
1056	1056	(3) Advise the applicant to consult appropriate authorities on the character and placement 14
1057	1057	of public utility services; and 15
1058	1058	(4) Help the applicant to understand the steps to be taken to receive approval. 16
1059	1059	45-24-57. Administration — Powers and duties of zoning board of review. [Effective 17
1060	1060	January 1, 2023.] 18
1061	1061	A zoning ordinance adopted pursuant to this chapter shall provide that the zoning board of 19
1062	1062	review shall: 20
1063	1063	(1) Have the following powers and duties: 21
1064	1064	(i) To hear and decide appeals within sixty-five (65) days of the date of the filing of the 22
1065	1065	appeal where it is alleged there is an error in any order, requirement, decision, or determination 23
1066	1066	made by an administrative officer or agency in the enforcement or interpretation of this chapter, or 24
1067	1067	of any ordinance adopted pursuant hereto; 25
1068	1068	(ii) To hear and decide appeals from a party aggrieved by a decision of an historic district 26
1069	1069	commission, pursuant to §§ 45-24.1-7.1 and 45-24.1-7.2; 27
1070	1070	(iii) To hear and decide appeals where the zoning board of review is appointed as the board 28
1071	1071	of appeals for airport zoning regulations, pursuant to § 1-3-19; 29
1072	1072	(iv) To authorize, upon application, in specific cases of hardship, variances in the 30
1073	1073	application of the terms of the zoning ordinance, pursuant to § 45-24-41; 31
1074	1074	(v) To authorize, upon application, in specific cases, special-use special permits, pursuant 32
1075	1075	to § 45-24-42, where the zoning board of review is designated as a permit authority for special-use 33
1076	1076	special permits; 34
1077	1077
1078	1078
1079	1079	LC001830 - Page 30 of 32
1080	1080	(vi) To refer matters to the planning board or commission, or to other boards or agencies 1
1081	1081	of the city or town as the zoning board of review may deem appropriate, for findings and 2
1082	1082	recommendations; 3
1083	1083	(vii) To provide for the issuance of conditional zoning approvals where a proposed 4
1084	1084	application would otherwise be approved except that one or more state or federal agency approvals 5
1085	1085	that are necessary are pending. A conditional zoning approval shall be revoked in the instance 6
1086	1086	where any necessary state or federal agency approvals are not received within a specified time 7
1087	1087	period; and 8
1088	1088	(viii) To hear and decide other matters, according to the terms of the ordinance or other 9
1089	1089	statutes, and upon which the board may be authorized to pass under the ordinance or other statutes; 10
1090	1090	and 11
1091	1091	(2) Be required to vote as follows: 12
1092	1092	(i) Four (4) active members, which may include alternates, are necessary to conduct a 13
1093	1093	hearing. As soon as a conflict occurs for a member, that member shall recuse himself or herself, 14
1094	1094	shall not sit as an active member, and shall take no part in the conduct of the hearing. A maximum 15
1095	1095	of five (5) active members, which may include alternates, are entitled to vote on any issue; 16
1096	1096	(ii) The concurring vote of a majority of members of the zoning board of review sitting at 17
1097	1097	a hearing is necessary to reverse any order, requirement, decision, or determination of any zoning 18
1098	1098	administrative officer from whom an appeal was taken; and 19
1099	1099	(iii) The concurring vote of a majority of members of the zoning board of review sitting at 20
1100	1100	a hearing is required to decide in favor of an applicant on any matter within the discretion of the 21
1101	1101	board upon which it is required to pass under the ordinance, including variances and special special-22
1102	1102	use permits. 23
1103	1103	(3) All members, including alternate members, of any zoning board shall be required to 24
1104	1104	participate in continuing education courses promulgated pursuant to chapter 70 of this title entitled 25
1105	1105	“Continuing education for local planning and zoning boards and historic district commissions.” 26
1106	1106	45-24-58. Administration — Application procedure. 27
1107	1107	The zoning ordinance establishes the various application procedures necessary for the 28
1108	1108	filing of appeals, requests for variances, special-use special permits, development plan reviews, site 29
1109	1109	plan reviews, and other applications that may be specified in the zoning ordinance, with the zoning 30
1110	1110	board of review, consistent with the provisions of this chapter. The zoning ordinance provides for 31
1111	1111	the creation of appropriate forms, and for the submission and resubmission requirements, for each 32
1112	1112	type of application required. A zoning ordinance may establish that a time period of a certain 33
1113	1113	number of months is required to pass before a successive similar application may be filed. 34
1114	1114
1115	1115
1116	1116	LC001830 - Page 31 of 32
1117	1117	45-24-61. Administration — Decisions and records of zoning board of review. 1
1118	1118	(a) Following a public hearing, the zoning board of review shall render a decision within 2
1119	1119	fifteen (15) days. The zoning board of review shall include in its decision all findings of fact and 3
1120	1120	conditions, showing the vote of each participating member, and the absence of a member or his or 4
1121	1121	her failure to vote. Decisions shall be recorded and filed in the office of the city or town clerk within 5
1122	1122	thirty (30) days from the date when the decision was rendered, and is a public record. The zoning 6
1123	1123	board of review shall keep written minutes of its proceedings, showing the vote of each member 7
1124	1124	upon each question, or, if absent or failing to vote, indicating that fact, and shall keep records of its 8
1125	1125	examinations, findings of fact, and other official actions, all of which shall be recorded and filed in 9
1126	1126	the office of the zoning board of review in an expeditious manner upon completion of the 10
1127	1127	proceeding. For any proceeding in which the right of appeal lies to the superior or supreme court, 11
1128	1128	the zoning board of review shall have the minutes taken either by a competent stenographer or 12
1129	1129	recorded by a sound-recording device. 13
1130	1130	(b) Any decision by the zoning board of review, including any special conditions attached 14
1131	1131	to the decision, shall be mailed within one business day of recording, by any method that provides 15
1132	1132	confirmation of receipt to the applicant, to any objector who has filed a written request for notice 16
1133	1133	with the zoning enforcement officer, and to the zoning enforcement officer of the city or town. Any 17
1134	1134	decision evidencing the granting of a variance, modification, or special use special permit shall also 18
1135	1135	be recorded in the land evidence records of the city or town and mailed within one business day of 19
1136	1136	recording, by any method that provides confirmation of receipt, to the applicant, to any objector 20
1137	1137	who has filed a written request for notice with the zoning enforcement officer, and to the zoning 21
1138	1138	officer. A copy of the recorded decision shall be mailed within one business day of recording, by 22
1139	1139	any method that provides confirmation of receipt, to the applicant, and to any objector who has 23
1140	1140	filed a written request for notice with the zoning enforcement officer, as well as a copy to the zoning 24
1141	1141	enforcement officer. 25
1142	1142	SECTION 2. This act shall take effect upon passage. 26
1143	1143	========
1144	1144	LC001830
1145	1145	========
1146	1146
1147	1147
1148	1148	LC001830 - Page 32 of 32
1149	1149	EXPLANATION
1150	1150	BY THE LEGISLATIVE COUNCIL
1151	1151	OF
1152	1152	A N A C T
1153	1153	RELATING TO TOWNS AN D CITIES -- ZONING ORDINANCES -- PROMOTION OF
1154	1154	NEIGHBORHOOD CHARACT ER AND SMART GROWTH
1155	1155	***
1156	1156	This act would amend several sections of the Rhode Island Zoning Enabling Act of 1991 1
1157	1157	with the intent of preserving neighborhood character and promoting smart growth. 2
1158	1158	This act would take effect upon passage. 3
1159	1159	========
1160	1160	LC001830
1161	1161	========
1162	1162