Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0801 Compare Versions

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

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5	5	2023 -- S 0801
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7	7	LC002476
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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 ORDNANCES
16	16	Introduced By: Senators Kallman, Ruggerio, Quezada, Mack, F. Lombardi, Burke,
17	17	Zurier, and Lombardo
18	18	Date Introduced: March 23, 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 45-24-31 and 45-24-37 of the General Laws in Chapter 45-24 1
24	24	entitled "Zoning Ordinances" are hereby amended to read as follows: 2
25	25	45-24-31. Definitions. 3
26	26	Where words or terms used in this chapter are defined in § 45-22.2-4 or 45-23-32, they 4
27	27	have the meanings stated in that section. In addition, the following words have the following 5
28	28	meanings. Additional words and phrases may be used in developing local ordinances under this 6
29	29	chapter; however, the words and phrases defined in this section are controlling in all local 7
30	30	ordinances created under this chapter: 8
31	31	(1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with 9
32	32	no intervening land. 10
33	33	(2) Accessory dwelling unit (ADU). A residential living unit on the same parcel where the 11
34	34	primary use is a legally established single-unit or multi-unit dwelling. An ADU provides complete 12
35	35	independent living facilities for one or more persons. It may take various forms including, but not 13
36	36	limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; 14
37	37	or a unit that is part of an expanded or remodeled primary dwelling. 15
38	38	(3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental 16
39	39	and subordinate to the principal use of the land or building. An accessory use may be restricted to 17
40	40	the same lot as the principal use. An accessory use shall not be permitted without the principal use 18
41	41	to which it is related. 19
42	42
43	43
44	44	LC002476 - Page 2 of 13
45	45	(4) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be: 1
46	46	(i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her, 2
47	47	or its property will be injured by a decision of any officer or agency responsible for administering 3
48	48	the zoning ordinance of a city or town; or 4
49	49	(ii) Anyone requiring notice pursuant to this chapter. 5
50	50	(5) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4. 6
51	51	(6) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2. 7
52	52	(7) Applicant. An owner, or authorized agent of the owner, submitting an application or 8
53	53	appealing an action of any official, board, or agency. 9
54	54	(8) Application. The completed form, or forms, and all accompanying documents, exhibits, 10
55	55	and fees required of an applicant by an approving authority for development review, approval, or 11
56	56	permitting purposes. 12
57	57	(9) Buffer. Land that is maintained in either a natural or landscaped state, and is used to 13
58	58	screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-way. 14
59	59	(10) Building. Any structure used or intended for supporting or sheltering any use or 15
60	60	occupancy. 16
61	61	(11) Building envelope. The three-dimensional space within which a structure is permitted 17
62	62	to be built on a lot and that is defined by regulations governing building setbacks, maximum height, 18
63	63	and bulk; by other regulations; or by any combination thereof. 19
64	64	(12) Building height. For a vacant parcel of land, building height shall be measured from 20
65	65	the average, existing-grade elevation where the foundation of the structure is proposed. For an 21
66	66	existing structure, building height shall be measured from average grade taken from the outermost 22
67	67	four (4) corners of the existing foundation. In all cases, building height shall be measured to the top 23
68	68	of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, 24
69	69	chimneys, flag poles, and the like. For any property or structure located in a special flood hazard 25
70	70	area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the 26
71	71	Rhode Island coastal resources management council (CRMC) suggested design elevation three foot 27
72	72	(3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-year (100) 28
73	73	storm, the greater of the following amounts, expressed in feet, shall be excluded from the building 29
74	74	height calculation: 30
75	75	(i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or 31
76	76	proposed freeboard, less the average existing grade elevation; or 32
77	77	(ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a 33
78	78	one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate 34
79	79
80	80
81	81	LC002476 - Page 3 of 13
82	82	the appropriate suggested design elevation map for the exclusion every ten (10) years, or as 1
83	83	otherwise necessary. 2
84	84	(13) Cluster. A site-planning technique that concentrates buildings in specific areas on the 3
85	85	site to allow the remaining land to be used for recreation, common open space, and/or preservation 4
86	86	of environmentally, historically, culturally, or other sensitive features and/or structures. The 5
87	87	techniques used to concentrate buildings shall be specified in the ordinance and may include, but 6
88	88	are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the 7
89	89	resultant open land being devoted by deed restrictions for one or more uses. Under cluster 8
90	90	development, there is no increase in the number of lots that would be permitted under conventional 9
91	91	development except where ordinance provisions include incentive bonuses for certain types or 10
92	92	conditions of development. 11
93	93	(14) Common ownership. Either: 12
94	94	(i) Ownership by one or more individuals or entities in any form of ownership of two (2) 13
95	95	or more contiguous lots; or 14
96	96	(ii) Ownership by any association (ownership may also include a municipality) of one or 15
97	97	more lots under specific development techniques. 16
98	98	(15) Community residence. A home or residential facility where children and/or adults 17
99	99	reside in a family setting and may or may not receive supervised care. This does not include halfway 18
100	100	houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the 19
101	101	following: 20
102	102	(i) Whenever six (6) or fewer children or adults with intellectual and/or developmental 21
103	103	disability reside in any type of residence in the community, as licensed by the state pursuant to 22
104	104	chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community 23
105	105	residences; 24
106	106	(ii) A group home providing care or supervision, or both, to not more than eight (8) persons 25
107	107	with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1; 26
108	108	(iii) A residence for children providing care or supervision, or both, to not more than eight 27
109	109	(8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of 28
110	110	title 42; 29
111	111	(iv) A community transitional residence providing care or assistance, or both, to no more 30
112	112	than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) 31
113	113	persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, 32
114	114	abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor 33
115	115	more than two (2) years. Residents will have access to, and use of, all common areas, including 34
116	116
117	117
118	118	LC002476 - Page 4 of 13
119	119	eating areas and living rooms, and will receive appropriate social services for the purpose of 1
120	120	fostering independence, self-sufficiency, and eventual transition to a permanent living situation. 2
121	121	(16) Comprehensive plan. The comprehensive plan adopted and approved pursuant to 3
122	122	chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in 4
123	123	compliance. 5
124	124	(17) Day care — Daycare center. Any other daycare center that is not a family daycare 6
125	125	home. 7
126	126	(18) Day care — Family daycare home. Any home, other than the individual’s home, in 8
127	127	which day care in lieu of parental care or supervision is offered at the same time to six (6) or less 9
128	128	individuals who are not relatives of the caregiver, but may not contain more than a total of eight 10
129	129	(8) individuals receiving day care. 11
130	130	(19) Density, residential. The number of dwelling units per unit of land. 12
131	131	(20) Development. The construction, reconstruction, conversion, structural alteration, 13
132	132	relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; 14
133	133	or any change in use, or alteration or extension of the use, of land. 15
134	134	(21) Development plan review. The process whereby authorized, local officials review the 16
135	135	site plans, maps, and other documentation of a development to determine the compliance with the 17
136	136	stated purposes and standards of the ordinance. 18
137	137	(22) District. See “zoning-use district.” 19
138	138	(23) Drainage system. A system for the removal of water from land by drains, grading, or 20
139	139	other appropriate means. These techniques may include runoff controls to minimize erosion and 21
140	140	sedimentation during and after construction or development; the means for preserving surface and 22
141	141	groundwaters; and the prevention and/or alleviation of flooding. 23
142	142	(24) Dwelling unit. A structure, or portion of a structure, providing complete, independent 24
143	143	living facilities for one or more persons, including permanent provisions for living, sleeping, eating, 25
144	144	cooking, and sanitation, and containing a separate means of ingress and egress. 26
145	145	(25) Extractive industry. The extraction of minerals, including: solids, such as coal and 27
146	146	ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes 28
147	147	quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other 29
148	148	preparation customarily done at the extraction site or as a part of the extractive activity. 30
149	149	(26) Family member. A person, or persons, related by blood, marriage, or other legal 31
150	150	means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, 32
151	151	grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household. 33
152	152	(27) Floating zone. An unmapped zoning district adopted within the ordinance that is 34
153	153
154	154
155	155	LC002476 - Page 5 of 13
156	156	established on the zoning map only when an application for development, meeting the zone 1
157	157	requirements, is approved. 2
158	158	(28) Floodplains, or Flood hazard area. As defined in § 45-22.2-4. 3
159	159	(29) Freeboard. A factor of safety expressed in feet above the base flood elevation of a 4
160	160	flood hazard area for purposes of floodplain management. Freeboard compensates for the many 5
161	161	unknown factors that could contribute to flood heights, such as wave action, bridge openings, and 6
162	162	the hydrological effect of urbanization of the watershed. 7
163	163	(30) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3. 8
164	164	(31) Halfway house. A residential facility for adults or children who have been 9
165	165	institutionalized for criminal conduct and who require a group setting to facilitate the transition to 10
166	166	a functional member of society. 11
167	167	(32) Hardship. See § 45-24-41. 12
168	168	(33) Historic district or historic site. As defined in § 45-22.2-4. 13
169	169	(34) Home occupation. Any activity customarily carried out for gain by a resident, 14
170	170	conducted as an accessory use in the resident’s dwelling unit. 15
171	171	(35) Household. One or more persons living together in a single-dwelling unit, with 16
172	172	common access to, and common use of, all living and eating areas and all areas and facilities for 17
173	173	the preparation and storage of food within the dwelling unit. The term “household unit” is 18
174	174	synonymous with the term “dwelling unit” for determining the number of units allowed within any 19
175	175	structure on any lot in a zoning district. An individual household shall consist of any one of the 20
176	176	following: 21
177	177	(i) A family, which may also include servants and employees living with the family; or 22
178	178	(ii) A person or group of unrelated persons living together. The maximum number may be 23
179	179	set by local ordinance, but this maximum shall not be less than three (3). 24
180	180	(36) Incentive zoning. The process whereby the local authority may grant additional 25
181	181	development capacity in exchange for the developer’s provision of a public benefit or amenity as 26
182	182	specified in local ordinances. 27
183	183	(37) Infrastructure. Facilities and services needed to sustain residential, commercial, 28
184	184	industrial, institutional, and other activities. 29
185	185	(38) Land-development project. A project in which one or more lots, tracts, or parcels of 30
186	186	land are developed or redeveloped as a coordinated site for one or more uses, units, or structures, 31
187	187	including, but not limited to, planned development or cluster development for residential, 32
188	188	commercial, institutional, recreational, open space, or mixed uses as provided in the zoning 33
189	189	ordinance. 34
190	190
191	191
192	192	LC002476 - Page 6 of 13
193	193	(39) Lot. Either: 1
194	194	(i) The basic development unit for determination of lot area, depth, and other dimensional 2
195	195	regulations; or 3
196	196	(ii) A parcel of land whose boundaries have been established by some legal instrument, 4
197	197	such as a recorded deed or recorded map, and that is recognized as a separate legal entity for 5
198	198	purposes of transfer of title. 6
199	199	(40) Lot area. The total area within the boundaries of a lot, excluding any street right-of-7
200	200	way, usually reported in acres or square feet. 8
201	201	(41) Lot area, minimum. The smallest land area established by the local zoning ordinance 9
202	202	upon which a use, building, or structure may be located in a particular zoning district. 10
203	203	(42) Lot building coverage. That portion of the lot that is, or may be, covered by buildings 11
204	204	and accessory buildings. 12
205	205	(43) Lot depth. The distance measured from the front lot line to the rear lot line. For lots 13
206	206	where the front and rear lot lines are not parallel, the lot depth is an average of the depth. 14
207	207	(44) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall specify 15
208	208	how noncontiguous frontage will be considered with regard to minimum frontage requirements. 16
209	209	(45) Lot line. A line of record, bounding a lot, that divides one lot from another lot or from 17
210	210	a public or private street or any other public or private space and shall include: 18
211	211	(i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall 19
212	212	specify the method to be used to determine the front lot line on lots fronting on more than one 20
213	213	street, for example, corner and through lots; 21
214	214	(ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of 22
215	215	triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10′) in length 23
216	216	entirely within the lot, parallel to and at a maximum distance from, the front lot line; and 24
217	217	(iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may 25
218	218	be a street lot line, depending on requirements of the local zoning ordinance. 26
219	219	(46) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined 27
220	220	herein. 28
221	221	(47) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon two 29
222	222	(2) streets that do not intersect at the boundaries of the lot. 30
223	223	(48) Lot width. The horizontal distance between the side lines of a lot measured at right 31
224	224	angles to its depth along a straight line parallel to the front lot line at the minimum front setback 32
225	225	line. 33
226	226	(49) Mere inconvenience. See § 45-24-41. 34
227	227
228	228
229	229	LC002476 - Page 7 of 13
230	230	(50) Mixed use. A mixture of land uses within a single development, building, or tract. 1
231	231	(51) Modification. Permission granted and administered by the zoning enforcement officer 2
232	232	of the city or town, and pursuant to the provisions of this chapter to grant a dimensional variance 3
233	233	other than lot area requirements from the zoning ordinance to a limited degree as determined by 4
234	234	the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) of each of 5
235	235	the applicable dimensional requirements. 6
236	236	(52) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully 7
237	237	existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with 8
238	238	the provisions of that ordinance or amendment. Nonconformance is of only two (2) types: 9
239	239	(i) Nonconforming by use: a lawfully established use of land, building, or structure that is 10
240	240	not a permitted use in that zoning district. A building or structure containing more dwelling units 11
241	241	than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or 12
242	242	(ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance 13
243	243	with the dimensional regulations of the zoning ordinance. Dimensional regulations include all 14
244	244	regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building 15
245	245	or structure containing more dwelling units than are permitted by the use regulations of a zoning 16
246	246	ordinance is nonconforming by use; a building or structure containing a permitted number of 17
247	247	dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per 18
248	248	dwelling unit regulations, is nonconforming by dimension. 19
249	249	(53) Overlay district. A district established in a zoning ordinance that is superimposed on 20
250	250	one or more districts or parts of districts. The standards and requirements associated with an overlay 21
251	251	district may be more or less restrictive than those in the underlying districts consistent with other 22
252	252	applicable state and federal laws. 23
253	253	(54) Performance standards. A set of criteria or limits relating to elements that a particular 24
254	254	use or process must either meet or may not exceed. 25
255	255	(55) Permitted use. A use by right that is specifically authorized in a particular zoning 26
256	256	district. 27
257	257	(56) Planned development. A “land-development project,” as defined in subsection (38), 28
258	258	and developed according to plan as a single entity and containing one or more structures or uses 29
259	259	with appurtenant common areas. 30
260	260	(57) Plant agriculture. The growing of plants for food or fiber, to sell or consume. 31
261	261	(58) Preapplication conference. A review meeting of a proposed development held 32
262	262	between applicants and reviewing agencies as permitted by law and municipal ordinance, before 33
263	263	formal submission of an application for a permit or for development approval. 34
264	264
265	265
266	266	LC002476 - Page 8 of 13
267	267	(59) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance of 1
268	268	the required setback for the zoning district in which the lot is located that establishes the area within 2
269	269	which the principal structure must be erected or placed. 3
270	270	(60) Site plan. The development plan for one or more lots on which is shown the existing 4
271	271	and/or the proposed conditions of the lot. 5
272	272	(61) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface 6
273	273	of the ground. 7
274	274	(62) Special use. A regulated use that is permitted pursuant to the special-use permit issued 8
275	275	by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a special 9
276	276	exception. 10
277	277	(63) Structure. A combination of materials to form a construction for use, occupancy, or 11
278	278	ornamentation, whether installed on, above, or below the surface of land or water. 12
279	279	(64) Substandard lot of record. Any lot lawfully existing at the time of adoption or 13
280	280	amendment of a zoning ordinance and not in conformance with the dimensional or area provisions 14
281	281	of that ordinance. 15
282	282	(65) Use. The purpose or activity for which land or buildings are designed, arranged, or 16
283	283	intended, or for which land or buildings are occupied or maintained. 17
284	284	(66) Variance. Permission to depart from the literal requirements of a zoning ordinance. 18
285	285	An authorization for the construction or maintenance of a building or structure, or for the 19
286	286	establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There are 20
287	287	only two (2) categories of variance, a use variance or a dimensional variance. 21
288	288	(i) Use variance. Permission to depart from the use requirements of a zoning ordinance 22
289	289	where the applicant for the requested variance has shown by evidence upon the record that the 23
290	290	subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the 24
291	291	zoning ordinance. 25
292	292	(ii) Dimensional variance. Permission to depart from the dimensional requirements of a 26
293	293	zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the 27
294	294	record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use 28
295	295	of the subject property unless granted the requested relief from the dimensional regulations. 29
296	296	However, the fact that a use may be more profitable or that a structure may be more valuable after 30
297	297	the relief is granted are not grounds for relief. 31
298	298	(67) Waters. As defined in § 46-12-1(23). 32
299	299	(68) Wetland, coastal. As defined in § 45-22.2-4. 33
300	300	(69) Wetland, freshwater. As defined in § 2-1-20. 34
301	301
302	302
303	303	LC002476 - Page 9 of 13
304	304	(70) Zero lot line development. A building that comes up to or sits on the border, boundary, 1
305	305	or point of a lot. 2
306	306	(70)(71) Zoning certificate. A document signed by the zoning-enforcement officer, as 3
307	307	required in the zoning ordinance, that acknowledges that a use, structure, building, or lot either 4
308	308	complies with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or 5
309	309	is an authorized variance or modification therefrom. 6
310	310	(71)(72) Zoning map. The map, or maps, that are a part of the zoning ordinance and that 7
311	311	delineate the boundaries of all mapped zoning districts within the physical boundary of the city or 8
312	312	town. 9
313	313	(72)(73) Zoning ordinance. An ordinance enacted by the legislative body of the city or 10
314	314	town pursuant to this chapter and in the manner providing for the adoption of ordinances in the city 11
315	315	or town’s legislative or home rule charter, if any, that establish regulations and standards relating 12
316	316	to the nature and extent of uses of land and structures; that is consistent with the comprehensive 13
317	317	plan of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that 14
318	318	complies with the provisions of this chapter. 15
319	319	(73)(74) Zoning-use district. The basic unit in zoning, either mapped or unmapped, to 16
320	320	which a uniform set of regulations applies, or a uniform set of regulations for a specified use. 17
321	321	Zoning-use districts include, but are not limited to: agricultural, commercial, industrial, 18
322	322	institutional, open space, and residential. Each district may include sub-districts. Districts may be 19
323	323	combined. 20
324	324	45-24-37. General provisions — Permitted uses. 21
325	325	(a) The zoning ordinance shall provide a listing of all land uses and/or performance 22
326	326	standards for uses that are permitted within the zoning use districts of the municipality. The 23
327	327	ordinance may provide for a procedure under which a proposed land use that is not specifically 24
328	328	listed may be presented by the property owner to the zoning board of review or to a local official 25
329	329	or agency charged with administration and enforcement of the ordinance for an evaluation and 26
330	330	determination of whether the proposed use is of a similar type, character, and intensity as a listed 27
331	331	permitted use. Upon such determination, the proposed use may be considered to be a permitted use. 28
332	332	(b) Notwithstanding any other provision of this chapter, the following uses are permitted 29
333	333	uses within all residential zoning use districts of a municipality and all industrial and commercial 30
334	334	zoning use districts except where residential use is prohibited for public health or safety reasons: 31
335	335	(1) Households; 32
336	336	(2) Community residences; and 33
337	337	(3) Family daycare homes. 34
338	338
339	339
340	340	LC002476 - Page 10 of 13
341	341	(c) Any time a building or other structure used for residential purposes, or a portion of a 1
342	342	building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire 2
343	343	or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured home, 3
344	344	or homes, as the need may be, elsewhere upon the land, for use and occupancy of the former 4
345	345	occupants for a period of up to twelve (12) months, or until the building or structure is rehabilitated 5
346	346	and otherwise made fit for occupancy. The property owner, or a properly designated agent of the 6
347	347	owner, is only allowed to cause the mobile and manufactured home, or homes, to remain 7
348	348	temporarily upon the land by making timely application to the local building official for the 8
349	349	purposes of obtaining the necessary permits to repair or rebuild the structure. 9
350	350	(d) Notwithstanding any other provision of this chapter, appropriate access for people with 10
351	351	disabilities to residential structures is allowed as a reasonable accommodation for any person(s) 11
352	352	residing, or intending to reside, in the residential structure. 12
353	353	(e) Notwithstanding any other provision of this chapter, an accessory dwelling unit in an 13
354	354	owner-occupied residence that complies with §§ 45-24-31 and 45-24-73 shall be permitted as a 14
355	355	reasonable accommodation for family members with disabilities or who are sixty-two (62) years of 15
356	356	age or older, or to accommodate other family members. 16
357	357	(f) When used in this section the terms “people with disabilities” or “member, or members, 17
358	358	with disabilities” means a person(s) who has a physical or mental impairment that substantially 18
359	359	limits one or more major life activities, as defined in § 42-87-1(7). 19
360	360	(g) Notwithstanding any other provisions of this chapter, plant agriculture is a permitted 20
361	361	use within all zoning districts of a municipality, including all industrial and commercial zoning 21
362	362	districts, except where prohibited for public health or safety reasons or the protection of wildlife 22
363	363	habitat. 23
364	364	(h) Notwithstanding any other provisions of this chapter, the minimum housing options 24
365	365	identified in § 45-24-37.1 are permitted uses according to the provisions of that section. 25
366	366	SECTION 2. Chapter 45-24 of the General Laws entitled "Zoning Ordinances" is hereby 26
367	367	amended by adding thereto the following section: 27
368	368	45-24-37.1. Minimum housing options. 28
369	369	(a) Notwithstanding any contrary provision of law, the minimum housing options identified 29
370	370	under this section are permitted uses in the zoning-use districts of a municipality according to the 30
371	371	conditions set forth in this section. 31
372	372	(b) To promote the adaptive re-use of existing residential structures, any building at least 32
373	373	twenty (20) years in age, as demonstrated by land evidence records or other reliable documentation, 33
374	374	may be redeveloped according to the criteria set forth in this subsection. For implementation 34
375	375
376	376
377	377	LC002476 - Page 11 of 13
378	378	purposes, where the text refers to a single-family; two (2) family; three (3) family; multi-family; or 1
379	379	townhouse dwelling (which may also be called a rowhouse dwelling), the term shall have the 2
380	380	meaning given to it by the zoning ordinance of a municipality. 3
381	381	(1) An existing two (2) family, three (3) family, multi-family, or townhouse dwelling may 4
382	382	be redeveloped to contain additional dwelling units, irrespective of any limit on residential density 5
383	383	for the zoning-use district in which the building is located. Unless separately provided by a 6
384	384	municipality, the redevelopment shall occur within the existing building envelope, excepting any 7
385	385	expansion in square footage necessary to accommodate modified means of ingress and egress or to 8
386	386	make the building more accessible to persons with mobility disabilities through the incorporation 9
387	387	of universal design standards. 10
388	388	(2) An existing building that is located within a residential zoning-use district of a 11
389	389	municipality, but whose primary use is non-residential in nature, may be redeveloped as a multi-12
390	390	family dwelling irrespective of any applicable limit on residential density. The provisions of § 45-13
391	391	24-37.1(b)(1) concerning expansion of square footage shall apply. 14
392	392	(3) An existing single-family dwelling may be redeveloped as a two (2) family; three (3) 15
393	393	family; multi-family; or townhouse dwelling; provided that, the redevelopment results in no more 16
394	394	than four (4) total dwelling units. Unless separately provided by a municipality, the redevelopment 17
395	395	shall not expand the existing building envelope by more than eight hundred square feet (800 sq. ft), 18
396	396	or sixty percent (60%) of the original gross floor area of the dwelling, whichever is less, excepting 19
397	397	any expansion in square footage necessary to accommodate modified means of ingress and egress 20
398	398	or to make the building more accessible to persons with mobility disabilities through the 21
399	399	incorporation of universal design standards. 22
400	400	(4) An existing single-family dwelling may be redeveloped into two (2) single-family 23
401	401	dwellings that are located on separate lots but attached at the lot line by a party wall in the manner 24
402	402	of a zero-lot line development. Notwithstanding any contrary provision of law, the division of the 25
403	403	original lot shall be an administrative subdivision under § 45-23-37. The provisions of § 45-24-26
404	404	37.1(b)(3) concerning expansion of square footage shall apply. 27
405	405	(5) A building redeveloped under this section shall comply with the standards of the 28
406	406	zoning-use district in which it is located, except that no standard concerning mandatory minimum 29
407	407	lot sizes or related dimensional requirements shall preclude the administrative subdivision 30
408	408	authorized by § 45-24-37.1(b)(4). Additionally, no more than one dedicated off-street parking space 31
409	409	shall be required for a dwelling unit newly created through a redevelopment under this section, and 32
410	410	no dedicated off-street parking space shall be required where: 33
411	411	(i) The building is located within one-half (0.5) of a mile (as determined by measuring the 34
412	412
413	413
414	414	LC002476 - Page 12 of 13
415	415	shortest distance from any point on the lot) of a regional mobility hub, community mobility hub, 1
416	416	or high-frequency transit stop, each as defined by the 2020 Rhode Island Transit Master Plan or its 2
417	417	successor document; 3
418	418	(ii) The building is located within a historic district adopted pursuant to chapter 24.1 of 4
419	419	title 45; or 5
420	420	(iii) The building is located within one-quarter (0.25) of a mile (as determined by 6
421	421	measuring the shortest distance from any point on the lot) from the location of a car-share vehicle. 7
422	422	(6) The zoning ordinance of a municipality may establish minimum size requirements for 8
423	423	dwelling units created or altered through a redevelopment authorized under this section; provided 9
424	424	that, any such standard may not require more than five hundred square feet (500 sq. ft) of gross 10
425	425	floor area for an efficiency dwelling unit; six hundred square feet (600 sq. ft) for a one-bedroom 11
426	426	dwelling unit; seven hundred fifty square feet (750 sq. ft) for a two (2) bedroom dwelling unit; one 12
427	427	thousand square feet (1,000 sq. ft) for a three (3) bedroom dwelling unit; or one thousand one 13
428	428	hundred square feet (1,100 sq. ft) for a four (4) bedroom dwelling unit. 14
429	429	(7) Any application for a redevelopment under this section that is not part of a larger 15
430	430	proposal and that shall occur within an existing building envelope (excepting any expansion in 16
431	431	square footage necessary to accommodate modified means of ingress and egress or to make the 17
432	432	building more accessible to persons with mobility disabilities through the incorporation of universal 18
433	433	design standards) shall be reviewed by the local building official of a municipality, as defined by § 19
434	434	23-27.3-107.1. The building official shall review the application according to the procedures set 20
435	435	forth in § 23-27.3-114.1 for the rehabilitation of existing residential dwellings, regardless of 21
436	436	whether the building is a single, two (2), or three (3) family dwelling. 22
437	437	(c) The superior court shall award a plaintiff reasonable attorneys' fees and the costs of suit 23
438	438	where the court finds that the actions of a municipality violate the requirements of this section. 24
439	439	SECTION 3. This act shall take effect upon passage. 25
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443	443
444	444
445	445	LC002476 - Page 13 of 13
446	446	EXPLANATION
447	447	BY THE LEGISLATIVE COUNCIL
448	448	OF
449	449	A N A C T
450	450	RELATING TO TOWNS AN D CITIES -- ZONING ORDNANCES
451	451	***
452	452	This act would amend the zoning enabling statute to provide for the allowance of 1
453	453	redeveloping more minimum housing options as permitted uses. 2
454	454	This act would take effect upon passage. 3
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458	458