2023 -- S 0801
========
LC002476
========
S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
____________
A N A C T
RELATING TO TOWNS AN D CITIES -- ZONING ORDNANCES
Introduced By: Senators Kallman, Ruggerio, Quezada, Mack, F. Lombardi, Burke,
Zurier, and Lombardo
Date Introduced: March 23, 2023
Referred To: Senate Housing & Municipal Government
It is enacted by the General Assembly as follows:
SECTION 1. Sections 45-24-31 and 45-24-37 of the General Laws in Chapter 45-24 1
entitled "Zoning Ordinances" are hereby amended to read as follows: 2
45-24-31. Definitions. 3
Where words or terms used in this chapter are defined in § 45-22.2-4 or 45-23-32, they 4
have the meanings stated in that section. In addition, the following words have the following 5
meanings. Additional words and phrases may be used in developing local ordinances under this 6
chapter; however, the words and phrases defined in this section are controlling in all local 7
ordinances created under this chapter: 8
(1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with 9
no intervening land. 10
(2) Accessory dwelling unit (ADU). A residential living unit on the same parcel where the 11
primary use is a legally established single-unit or multi-unit dwelling. An ADU provides complete 12
independent living facilities for one or more persons. It may take various forms including, but not 13
limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; 14
or a unit that is part of an expanded or remodeled primary dwelling. 15
(3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental 16
and subordinate to the principal use of the land or building. An accessory use may be restricted to 17
the same lot as the principal use. An accessory use shall not be permitted without the principal use 18
to which it is related. 19
LC002476 - Page 2 of 13
(4) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be: 1
(i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her, 2
or its property will be injured by a decision of any officer or agency responsible for administering 3
the zoning ordinance of a city or town; or 4
(ii) Anyone requiring notice pursuant to this chapter. 5
(5) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4. 6
(6) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2. 7
(7) Applicant. An owner, or authorized agent of the owner, submitting an application or 8
appealing an action of any official, board, or agency. 9
(8) Application. The completed form, or forms, and all accompanying documents, exhibits, 10
and fees required of an applicant by an approving authority for development review, approval, or 11
permitting purposes. 12
(9) Buffer. Land that is maintained in either a natural or landscaped state, and is used to 13
screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-way. 14
(10) Building. Any structure used or intended for supporting or sheltering any use or 15
occupancy. 16
(11) Building envelope. The three-dimensional space within which a structure is permitted 17
to be built on a lot and that is defined by regulations governing building setbacks, maximum height, 18
and bulk; by other regulations; or by any combination thereof. 19
(12) Building height. For a vacant parcel of land, building height shall be measured from 20
the average, existing-grade elevation where the foundation of the structure is proposed. For an 21
existing structure, building height shall be measured from average grade taken from the outermost 22
four (4) corners of the existing foundation. In all cases, building height shall be measured to the top 23
of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, 24
chimneys, flag poles, and the like. For any property or structure located in a special flood hazard 25
area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the 26
Rhode Island coastal resources management council (CRMC) suggested design elevation three foot 27
(3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-year (100) 28
storm, the greater of the following amounts, expressed in feet, shall be excluded from the building 29
height calculation: 30
(i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or 31
proposed freeboard, less the average existing grade elevation; or 32
(ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a 33
one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate 34
LC002476 - Page 3 of 13
the appropriate suggested design elevation map for the exclusion every ten (10) years, or as 1
otherwise necessary. 2
(13) Cluster. A site-planning technique that concentrates buildings in specific areas on the 3
site to allow the remaining land to be used for recreation, common open space, and/or preservation 4
of environmentally, historically, culturally, or other sensitive features and/or structures. The 5
techniques used to concentrate buildings shall be specified in the ordinance and may include, but 6
are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the 7
resultant open land being devoted by deed restrictions for one or more uses. Under cluster 8
development, there is no increase in the number of lots that would be permitted under conventional 9
development except where ordinance provisions include incentive bonuses for certain types or 10
conditions of development. 11
(14) Common ownership. Either: 12
(i) Ownership by one or more individuals or entities in any form of ownership of two (2) 13
or more contiguous lots; or 14
(ii) Ownership by any association (ownership may also include a municipality) of one or 15
more lots under specific development techniques. 16
(15) Community residence. A home or residential facility where children and/or adults 17
reside in a family setting and may or may not receive supervised care. This does not include halfway 18
houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the 19
following: 20
(i) Whenever six (6) or fewer children or adults with intellectual and/or developmental 21
disability reside in any type of residence in the community, as licensed by the state pursuant to 22
chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community 23
residences; 24
(ii) A group home providing care or supervision, or both, to not more than eight (8) persons 25
with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1; 26
(iii) A residence for children providing care or supervision, or both, to not more than eight 27
(8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of 28
title 42; 29
(iv) A community transitional residence providing care or assistance, or both, to no more 30
than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) 31
persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, 32
abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor 33
more than two (2) years. Residents will have access to, and use of, all common areas, including 34
LC002476 - Page 4 of 13
eating areas and living rooms, and will receive appropriate social services for the purpose of 1
fostering independence, self-sufficiency, and eventual transition to a permanent living situation. 2
(16) Comprehensive plan. The comprehensive plan adopted and approved pursuant to 3
chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in 4
compliance. 5
(17) Day care — Daycare center. Any other daycare center that is not a family daycare 6
home. 7
(18) Day care — Family daycare home. Any home, other than the individual’s home, in 8
which day care in lieu of parental care or supervision is offered at the same time to six (6) or less 9
individuals who are not relatives of the caregiver, but may not contain more than a total of eight 10
(8) individuals receiving day care. 11
(19) Density, residential. The number of dwelling units per unit of land. 12
(20) Development. The construction, reconstruction, conversion, structural alteration, 13
relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; 14
or any change in use, or alteration or extension of the use, of land. 15
(21) Development plan review. The process whereby authorized, local officials review the 16
site plans, maps, and other documentation of a development to determine the compliance with the 17
stated purposes and standards of the ordinance. 18
(22) District. See “zoning-use district.” 19
(23) Drainage system. A system for the removal of water from land by drains, grading, or 20
other appropriate means. These techniques may include runoff controls to minimize erosion and 21
sedimentation during and after construction or development; the means for preserving surface and 22
groundwaters; and the prevention and/or alleviation of flooding. 23
(24) Dwelling unit. A structure, or portion of a structure, providing complete, independent 24
living facilities for one or more persons, including permanent provisions for living, sleeping, eating, 25
cooking, and sanitation, and containing a separate means of ingress and egress. 26
(25) Extractive industry. The extraction of minerals, including: solids, such as coal and 27
ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes 28
quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other 29
preparation customarily done at the extraction site or as a part of the extractive activity. 30
(26) Family member. A person, or persons, related by blood, marriage, or other legal 31
means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, 32
grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household. 33
(27) Floating zone. An unmapped zoning district adopted within the ordinance that is 34
LC002476 - Page 5 of 13
established on the zoning map only when an application for development, meeting the zone 1
requirements, is approved. 2
(28) Floodplains, or Flood hazard area. As defined in § 45-22.2-4. 3
(29) Freeboard. A factor of safety expressed in feet above the base flood elevation of a 4
flood hazard area for purposes of floodplain management. Freeboard compensates for the many 5
unknown factors that could contribute to flood heights, such as wave action, bridge openings, and 6
the hydrological effect of urbanization of the watershed. 7
(30) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3. 8
(31) Halfway house. A residential facility for adults or children who have been 9
institutionalized for criminal conduct and who require a group setting to facilitate the transition to 10
a functional member of society. 11
(32) Hardship. See § 45-24-41. 12
(33) Historic district or historic site. As defined in § 45-22.2-4. 13
(34) Home occupation. Any activity customarily carried out for gain by a resident, 14
conducted as an accessory use in the resident’s dwelling unit. 15
(35) Household. One or more persons living together in a single-dwelling unit, with 16
common access to, and common use of, all living and eating areas and all areas and facilities for 17
the preparation and storage of food within the dwelling unit. The term “household unit” is 18
synonymous with the term “dwelling unit” for determining the number of units allowed within any 19
structure on any lot in a zoning district. An individual household shall consist of any one of the 20
following: 21
(i) A family, which may also include servants and employees living with the family; or 22
(ii) A person or group of unrelated persons living together. The maximum number may be 23
set by local ordinance, but this maximum shall not be less than three (3). 24
(36) Incentive zoning. The process whereby the local authority may grant additional 25
development capacity in exchange for the developer’s provision of a public benefit or amenity as 26
specified in local ordinances. 27
(37) Infrastructure. Facilities and services needed to sustain residential, commercial, 28
industrial, institutional, and other activities. 29
(38) Land-development project. A project in which one or more lots, tracts, or parcels of 30
land are developed or redeveloped as a coordinated site for one or more uses, units, or structures, 31
including, but not limited to, planned development or cluster development for residential, 32
commercial, institutional, recreational, open space, or mixed uses as provided in the zoning 33
ordinance. 34
LC002476 - Page 6 of 13
(39) Lot. Either: 1
(i) The basic development unit for determination of lot area, depth, and other dimensional 2
regulations; or 3
(ii) A parcel of land whose boundaries have been established by some legal instrument, 4
such as a recorded deed or recorded map, and that is recognized as a separate legal entity for 5
purposes of transfer of title. 6
(40) Lot area. The total area within the boundaries of a lot, excluding any street right-of-7
way, usually reported in acres or square feet. 8
(41) Lot area, minimum. The smallest land area established by the local zoning ordinance 9
upon which a use, building, or structure may be located in a particular zoning district. 10
(42) Lot building coverage. That portion of the lot that is, or may be, covered by buildings 11
and accessory buildings. 12
(43) Lot depth. The distance measured from the front lot line to the rear lot line. For lots 13
where the front and rear lot lines are not parallel, the lot depth is an average of the depth. 14
(44) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall specify 15
how noncontiguous frontage will be considered with regard to minimum frontage requirements. 16
(45) Lot line. A line of record, bounding a lot, that divides one lot from another lot or from 17
a public or private street or any other public or private space and shall include: 18
(i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall 19
specify the method to be used to determine the front lot line on lots fronting on more than one 20
street, for example, corner and through lots; 21
(ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of 22
triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10′) in length 23
entirely within the lot, parallel to and at a maximum distance from, the front lot line; and 24
(iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may 25
be a street lot line, depending on requirements of the local zoning ordinance. 26
(46) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined 27
herein. 28
(47) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon two 29
(2) streets that do not intersect at the boundaries of the lot. 30
(48) Lot width. The horizontal distance between the side lines of a lot measured at right 31
angles to its depth along a straight line parallel to the front lot line at the minimum front setback 32
line. 33
(49) Mere inconvenience. See § 45-24-41. 34
LC002476 - Page 7 of 13
(50) Mixed use. A mixture of land uses within a single development, building, or tract. 1
(51) Modification. Permission granted and administered by the zoning enforcement officer 2
of the city or town, and pursuant to the provisions of this chapter to grant a dimensional variance 3
other than lot area requirements from the zoning ordinance to a limited degree as determined by 4
the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) of each of 5
the applicable dimensional requirements. 6
(52) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully 7
existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with 8
the provisions of that ordinance or amendment. Nonconformance is of only two (2) types: 9
(i) Nonconforming by use: a lawfully established use of land, building, or structure that is 10
not a permitted use in that zoning district. A building or structure containing more dwelling units 11
than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or 12
(ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance 13
with the dimensional regulations of the zoning ordinance. Dimensional regulations include all 14
regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building 15
or structure containing more dwelling units than are permitted by the use regulations of a zoning 16
ordinance is nonconforming by use; a building or structure containing a permitted number of 17
dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per 18
dwelling unit regulations, is nonconforming by dimension. 19
(53) Overlay district. A district established in a zoning ordinance that is superimposed on 20
one or more districts or parts of districts. The standards and requirements associated with an overlay 21
district may be more or less restrictive than those in the underlying districts consistent with other 22
applicable state and federal laws. 23
(54) Performance standards. A set of criteria or limits relating to elements that a particular 24
use or process must either meet or may not exceed. 25
(55) Permitted use. A use by right that is specifically authorized in a particular zoning 26
district. 27
(56) Planned development. A “land-development project,” as defined in subsection (38), 28
and developed according to plan as a single entity and containing one or more structures or uses 29
with appurtenant common areas. 30
(57) Plant agriculture. The growing of plants for food or fiber, to sell or consume. 31
(58) Preapplication conference. A review meeting of a proposed development held 32
between applicants and reviewing agencies as permitted by law and municipal ordinance, before 33
formal submission of an application for a permit or for development approval. 34
LC002476 - Page 8 of 13
(59) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance of 1
the required setback for the zoning district in which the lot is located that establishes the area within 2
which the principal structure must be erected or placed. 3
(60) Site plan. The development plan for one or more lots on which is shown the existing 4
and/or the proposed conditions of the lot. 5
(61) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface 6
of the ground. 7
(62) Special use. A regulated use that is permitted pursuant to the special-use permit issued 8
by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a special 9
exception. 10
(63) Structure. A combination of materials to form a construction for use, occupancy, or 11
ornamentation, whether installed on, above, or below the surface of land or water. 12
(64) Substandard lot of record. Any lot lawfully existing at the time of adoption or 13
amendment of a zoning ordinance and not in conformance with the dimensional or area provisions 14
of that ordinance. 15
(65) Use. The purpose or activity for which land or buildings are designed, arranged, or 16
intended, or for which land or buildings are occupied or maintained. 17
(66) Variance. Permission to depart from the literal requirements of a zoning ordinance. 18
An authorization for the construction or maintenance of a building or structure, or for the 19
establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There are 20
only two (2) categories of variance, a use variance or a dimensional variance. 21
(i) Use variance. Permission to depart from the use requirements of a zoning ordinance 22
where the applicant for the requested variance has shown by evidence upon the record that the 23
subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the 24
zoning ordinance. 25
(ii) Dimensional variance. Permission to depart from the dimensional requirements of a 26
zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the 27
record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use 28
of the subject property unless granted the requested relief from the dimensional regulations. 29
However, the fact that a use may be more profitable or that a structure may be more valuable after 30
the relief is granted are not grounds for relief. 31
(67) Waters. As defined in § 46-12-1(23). 32
(68) Wetland, coastal. As defined in § 45-22.2-4. 33
(69) Wetland, freshwater. As defined in § 2-1-20. 34
LC002476 - Page 9 of 13
(70) Zero lot line development. A building that comes up to or sits on the border, boundary, 1
or point of a lot. 2
(70)(71) Zoning certificate. A document signed by the zoning-enforcement officer, as 3
required in the zoning ordinance, that acknowledges that a use, structure, building, or lot either 4
complies with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or 5
is an authorized variance or modification therefrom. 6
(71)(72) Zoning map. The map, or maps, that are a part of the zoning ordinance and that 7
delineate the boundaries of all mapped zoning districts within the physical boundary of the city or 8
town. 9
(72)(73) Zoning ordinance. An ordinance enacted by the legislative body of the city or 10
town pursuant to this chapter and in the manner providing for the adoption of ordinances in the city 11
or town’s legislative or home rule charter, if any, that establish regulations and standards relating 12
to the nature and extent of uses of land and structures; that is consistent with the comprehensive 13
plan of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that 14
complies with the provisions of this chapter. 15
(73)(74) Zoning-use district. The basic unit in zoning, either mapped or unmapped, to 16
which a uniform set of regulations applies, or a uniform set of regulations for a specified use. 17
Zoning-use districts include, but are not limited to: agricultural, commercial, industrial, 18
institutional, open space, and residential. Each district may include sub-districts. Districts may be 19
combined. 20
45-24-37. General provisions — Permitted uses. 21
(a) The zoning ordinance shall provide a listing of all land uses and/or performance 22
standards for uses that are permitted within the zoning use districts of the municipality. The 23
ordinance may provide for a procedure under which a proposed land use that is not specifically 24
listed may be presented by the property owner to the zoning board of review or to a local official 25
or agency charged with administration and enforcement of the ordinance for an evaluation and 26
determination of whether the proposed use is of a similar type, character, and intensity as a listed 27
permitted use. Upon such determination, the proposed use may be considered to be a permitted use. 28
(b) Notwithstanding any other provision of this chapter, the following uses are permitted 29
uses within all residential zoning use districts of a municipality and all industrial and commercial 30
zoning use districts except where residential use is prohibited for public health or safety reasons: 31
(1) Households; 32
(2) Community residences; and 33
(3) Family daycare homes. 34
LC002476 - Page 10 of 13
(c) Any time a building or other structure used for residential purposes, or a portion of a 1
building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire 2
or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured home, 3
or homes, as the need may be, elsewhere upon the land, for use and occupancy of the former 4
occupants for a period of up to twelve (12) months, or until the building or structure is rehabilitated 5
and otherwise made fit for occupancy. The property owner, or a properly designated agent of the 6
owner, is only allowed to cause the mobile and manufactured home, or homes, to remain 7
temporarily upon the land by making timely application to the local building official for the 8
purposes of obtaining the necessary permits to repair or rebuild the structure. 9
(d) Notwithstanding any other provision of this chapter, appropriate access for people with 10
disabilities to residential structures is allowed as a reasonable accommodation for any person(s) 11
residing, or intending to reside, in the residential structure. 12
(e) Notwithstanding any other provision of this chapter, an accessory dwelling unit in an 13
owner-occupied residence that complies with §§ 45-24-31 and 45-24-73 shall be permitted as a 14
reasonable accommodation for family members with disabilities or who are sixty-two (62) years of 15
age or older, or to accommodate other family members. 16
(f) When used in this section the terms “people with disabilities” or “member, or members, 17
with disabilities” means a person(s) who has a physical or mental impairment that substantially 18
limits one or more major life activities, as defined in § 42-87-1(7). 19
(g) Notwithstanding any other provisions of this chapter, plant agriculture is a permitted 20
use within all zoning districts of a municipality, including all industrial and commercial zoning 21
districts, except where prohibited for public health or safety reasons or the protection of wildlife 22
habitat. 23
(h) Notwithstanding any other provisions of this chapter, the minimum housing options 24
identified in § 45-24-37.1 are permitted uses according to the provisions of that section. 25
SECTION 2. Chapter 45-24 of the General Laws entitled "Zoning Ordinances" is hereby 26
amended by adding thereto the following section: 27
45-24-37.1. Minimum housing options. 28
(a) Notwithstanding any contrary provision of law, the minimum housing options identified 29
under this section are permitted uses in the zoning-use districts of a municipality according to the 30
conditions set forth in this section. 31
(b) To promote the adaptive re-use of existing residential structures, any building at least 32
twenty (20) years in age, as demonstrated by land evidence records or other reliable documentation, 33
may be redeveloped according to the criteria set forth in this subsection. For implementation 34
LC002476 - Page 11 of 13
purposes, where the text refers to a single-family; two (2) family; three (3) family; multi-family; or 1
townhouse dwelling (which may also be called a rowhouse dwelling), the term shall have the 2
meaning given to it by the zoning ordinance of a municipality. 3
(1) An existing two (2) family, three (3) family, multi-family, or townhouse dwelling may 4
be redeveloped to contain additional dwelling units, irrespective of any limit on residential density 5
for the zoning-use district in which the building is located. Unless separately provided by a 6
municipality, the redevelopment shall occur within the existing building envelope, excepting any 7
expansion in square footage necessary to accommodate modified means of ingress and egress or to 8
make the building more accessible to persons with mobility disabilities through the incorporation 9
of universal design standards. 10
(2) An existing building that is located within a residential zoning-use district of a 11
municipality, but whose primary use is non-residential in nature, may be redeveloped as a multi-12
family dwelling irrespective of any applicable limit on residential density. The provisions of § 45-13
24-37.1(b)(1) concerning expansion of square footage shall apply. 14
(3) An existing single-family dwelling may be redeveloped as a two (2) family; three (3) 15
family; multi-family; or townhouse dwelling; provided that, the redevelopment results in no more 16
than four (4) total dwelling units. Unless separately provided by a municipality, the redevelopment 17
shall not expand the existing building envelope by more than eight hundred square feet (800 sq. ft), 18
or sixty percent (60%) of the original gross floor area of the dwelling, whichever is less, excepting 19
any expansion in square footage necessary to accommodate modified means of ingress and egress 20
or to make the building more accessible to persons with mobility disabilities through the 21
incorporation of universal design standards. 22
(4) An existing single-family dwelling may be redeveloped into two (2) single-family 23
dwellings that are located on separate lots but attached at the lot line by a party wall in the manner 24
of a zero-lot line development. Notwithstanding any contrary provision of law, the division of the 25
original lot shall be an administrative subdivision under § 45-23-37. The provisions of § 45-24-26
37.1(b)(3) concerning expansion of square footage shall apply. 27
(5) A building redeveloped under this section shall comply with the standards of the 28
zoning-use district in which it is located, except that no standard concerning mandatory minimum 29
lot sizes or related dimensional requirements shall preclude the administrative subdivision 30
authorized by § 45-24-37.1(b)(4). Additionally, no more than one dedicated off-street parking space 31
shall be required for a dwelling unit newly created through a redevelopment under this section, and 32
no dedicated off-street parking space shall be required where: 33
(i) The building is located within one-half (0.5) of a mile (as determined by measuring the 34
LC002476 - Page 12 of 13
shortest distance from any point on the lot) of a regional mobility hub, community mobility hub, 1
or high-frequency transit stop, each as defined by the 2020 Rhode Island Transit Master Plan or its 2
successor document; 3
(ii) The building is located within a historic district adopted pursuant to chapter 24.1 of 4
title 45; or 5
(iii) The building is located within one-quarter (0.25) of a mile (as determined by 6
measuring the shortest distance from any point on the lot) from the location of a car-share vehicle. 7
(6) The zoning ordinance of a municipality may establish minimum size requirements for 8
dwelling units created or altered through a redevelopment authorized under this section; provided 9
that, any such standard may not require more than five hundred square feet (500 sq. ft) of gross 10
floor area for an efficiency dwelling unit; six hundred square feet (600 sq. ft) for a one-bedroom 11
dwelling unit; seven hundred fifty square feet (750 sq. ft) for a two (2) bedroom dwelling unit; one 12
thousand square feet (1,000 sq. ft) for a three (3) bedroom dwelling unit; or one thousand one 13
hundred square feet (1,100 sq. ft) for a four (4) bedroom dwelling unit. 14
(7) Any application for a redevelopment under this section that is not part of a larger 15
proposal and that shall occur within an existing building envelope (excepting any expansion in 16
square footage necessary to accommodate modified means of ingress and egress or to make the 17
building more accessible to persons with mobility disabilities through the incorporation of universal 18
design standards) shall be reviewed by the local building official of a municipality, as defined by § 19
23-27.3-107.1. The building official shall review the application according to the procedures set 20
forth in § 23-27.3-114.1 for the rehabilitation of existing residential dwellings, regardless of 21
whether the building is a single, two (2), or three (3) family dwelling. 22
(c) The superior court shall award a plaintiff reasonable attorneys' fees and the costs of suit 23
where the court finds that the actions of a municipality violate the requirements of this section. 24
SECTION 3. This act shall take effect upon passage. 25
========
LC002476
========
LC002476 - Page 13 of 13
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO TOWNS AN D CITIES -- ZONING ORDNANCES
***
This act would amend the zoning enabling statute to provide for the allowance of 1
redeveloping more minimum housing options as permitted uses. 2
This act would take effect upon passage. 3
========
LC002476
========