Rhode Island 2023 Regular Session

Rhode Island Senate Bill S1036 Compare Versions

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

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5	5	2023 -- S 1036
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7	7	LC002510
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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
16	16	Introduced By: Senator Meghan E. Kallman
17	17	Date Introduced: May 19, 2023
18	18	Referred To: Senate Housing & Municipal Government
19	19
20	20
21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Sections 45-24-31, 45-24-37 and 45-24-73 of the General Laws in Chapter 1
23	23	45-24 entitled "Zoning Ordinances" are hereby amended to read as follows: 2
24	24	45-24-31. Definitions. 3
25	25	Where words or terms used in this chapter are defined in § 45-22.2-4 or 45-23-32, they 4
26	26	have the meanings stated in that section. In addition, the following words have the following 5
27	27	meanings. Additional words and phrases may be used in developing local ordinances under this 6
28	28	chapter; however, the words and phrases defined in this section are controlling in all local 7
29	29	ordinances created under this chapter: 8
30	30	(1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with 9
31	31	no intervening land. 10
32	32	(2) Accessory dwelling unit (ADU). A residential living unit on the same parcel lot where 11
33	33	the primary principal use is a legally established single-dwelling unit or multi-unit dwelling units. 12
34	34	An ADU provides complete independent living facilities for one or more persons. It may take 13
35	35	various forms including, but not limited to: a detached unit; a unit that is part of an accessory 14
36	36	structure, such as a detached garage; or a unit that is part of an expanded or remodeled primary 15
37	37	dwelling. 16
38	38	(3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental 17
39	39	and subordinate to the principal use of the land or building. An accessory use may be restricted to 18
40	40	the same lot as the principal use. An accessory use shall not be permitted without the principal use 19
41	41
42	42
43	43	LC002510 - Page 2 of 14
44	44	to which it is related. 1
45	45	(4) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be: 2
46	46	(i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her, 3
47	47	or its property will be injured by a decision of any officer or agency responsible for administering 4
48	48	the zoning ordinance of a city or town; or 5
49	49	(ii) Anyone requiring notice pursuant to this chapter. 6
50	50	(5) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4. 7
51	51	(6) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2. 8
52	52	(7) Applicant. An owner, or authorized agent of the owner, submitting an application or 9
53	53	appealing an action of any official, board, or agency. 10
54	54	(8) Application. The completed form, or forms, and all accompanying documents, exhibits, 11
55	55	and fees required of an applicant by an approving authority for development review, approval, or 12
56	56	permitting purposes. 13
57	57	(9) Buffer. Land that is maintained in either a natural or landscaped state, and is used to 14
58	58	screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-way. 15
59	59	(10) Building. Any structure used or intended for supporting or sheltering any use or 16
60	60	occupancy. 17
61	61	(11) Building envelope. The three-dimensional space within which a structure is permitted 18
62	62	to be built on a lot and that is defined by regulations governing building setbacks, maximum height, 19
63	63	and bulk; by other regulations; or by any combination thereof. 20
64	64	(12) Building height. For a vacant parcel of land, building height shall be measured from 21
65	65	the average, existing-grade elevation where the foundation of the structure is proposed. For an 22
66	66	existing structure, building height shall be measured from average grade taken from the outermost 23
67	67	four (4) corners of the existing foundation. In all cases, building height shall be measured to the top 24
68	68	of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, 25
69	69	chimneys, flag poles, and the like. For any property or structure located in a special flood hazard 26
70	70	area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the 27
71	71	Rhode Island coastal resources management council (CRMC) suggested design elevation three foot 28
72	72	(3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-year (100) 29
73	73	storm, the greater of the following amounts, expressed in feet, shall be excluded from the building 30
74	74	height calculation: 31
75	75	(i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or 32
76	76	proposed freeboard, less the average existing grade elevation; or 33
77	77	(ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a 34
78	78
79	79
80	80	LC002510 - Page 3 of 14
81	81	one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate 1
82	82	the appropriate suggested design elevation map for the exclusion every ten (10) years, or as 2
83	83	otherwise necessary. 3
84	84	(13) Cluster. A site-planning technique that concentrates buildings in specific areas on the 4
85	85	site to allow the remaining land to be used for recreation, common open space, and/or preservation 5
86	86	of environmentally, historically, culturally, or other sensitive features and/or structures. The 6
87	87	techniques used to concentrate buildings shall be specified in the ordinance and may include, but 7
88	88	are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the 8
89	89	resultant open land being devoted by deed restrictions for one or more uses. Under cluster 9
90	90	development, there is no increase in the number of lots that would be permitted under conventional 10
91	91	development except where ordinance provisions include incentive bonuses for certain types or 11
92	92	conditions of development. 12
93	93	(14) Common ownership. Either: 13
94	94	(i) Ownership by one or more individuals or entities in any form of ownership of two (2) 14
95	95	or more contiguous lots; or 15
96	96	(ii) Ownership by any association (ownership may also include a municipality) of one or 16
97	97	more lots under specific development techniques. 17
98	98	(15) Community residence. A home or residential facility where children and/or adults 18
99	99	reside in a family setting and may or may not receive supervised care. This does not include halfway 19
100	100	houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the 20
101	101	following: 21
102	102	(i) Whenever six (6) or fewer children or adults with intellectual and/or developmental 22
103	103	disability reside in any type of residence in the community, as licensed by the state pursuant to 23
104	104	chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community 24
105	105	residences; 25
106	106	(ii) A group home providing care or supervision, or both, to not more than eight (8) persons 26
107	107	with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1; 27
108	108	(iii) A residence for children providing care or supervision, or both, to not more than eight 28
109	109	(8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of 29
110	110	title 42; 30
111	111	(iv) A community transitional residence providing care or assistance, or both, to no more 31
112	112	than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) 32
113	113	persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, 33
114	114	abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor 34
115	115
116	116
117	117	LC002510 - Page 4 of 14
118	118	more than two (2) years. Residents will have access to, and use of, all common areas, including 1
119	119	eating areas and living rooms, and will receive appropriate social services for the purpose of 2
120	120	fostering independence, self-sufficiency, and eventual transition to a permanent living situation. 3
121	121	(16) Comprehensive plan. The comprehensive plan adopted and approved pursuant to 4
122	122	chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in 5
123	123	compliance. 6
124	124	(17) Day care — Daycare center. Any other daycare center that is not a family daycare 7
125	125	home. 8
126	126	(18) Day care — Family daycare home. Any home, other than the individual’s home, in 9
127	127	which day care in lieu of parental care or supervision is offered at the same time to six (6) or less 10
128	128	individuals who are not relatives of the caregiver, but may not contain more than a total of eight 11
129	129	(8) individuals receiving day care. 12
130	130	(19) Density, residential. The number of dwelling units per unit of land. 13
131	131	(20) Development. The construction, reconstruction, conversion, structural alteration, 14
132	132	relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; 15
133	133	or any change in use, or alteration or extension of the use, of land. 16
134	134	(21) Development plan review. The process whereby authorized, local officials review the 17
135	135	site plans, maps, and other documentation of a development to determine the compliance with the 18
136	136	stated purposes and standards of the ordinance. 19
137	137	(22) District. See “zoning-use district.” 20
138	138	(23) Drainage system. A system for the removal of water from land by drains, grading, or 21
139	139	other appropriate means. These techniques may include runoff controls to minimize erosion and 22
140	140	sedimentation during and after construction or development; the means for preserving surface and 23
141	141	groundwaters; and the prevention and/or alleviation of flooding. 24
142	142	(24) Dwelling unit. A structure, or portion of a structure, providing complete, independent 25
143	143	living facilities for one or more persons, including permanent provisions for living, sleeping, eating, 26
144	144	cooking, and sanitation, and containing a separate means of ingress and egress. 27
145	145	(25) Extractive industry. The extraction of minerals, including: solids, such as coal and 28
146	146	ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes 29
147	147	quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other 30
148	148	preparation customarily done at the extraction site or as a part of the extractive activity. 31
149	149	(26) Family member. A person, or persons, related by blood, marriage, or other legal 32
150	150	means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, 33
151	151	grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household. 34
152	152
153	153
154	154	LC002510 - Page 5 of 14
155	155	(27) Floating zone. An unmapped zoning district adopted within the ordinance that is 1
156	156	established on the zoning map only when an application for development, meeting the zone 2
157	157	requirements, is approved. 3
158	158	(28) Floodplains, or Flood hazard area. As defined in § 45-22.2-4. 4
159	159	(29) Freeboard. A factor of safety expressed in feet above the base flood elevation of a 5
160	160	flood hazard area for purposes of floodplain management. Freeboard compensates for the many 6
161	161	unknown factors that could contribute to flood heights, such as wave action, bridge openings, and 7
162	162	the hydrological effect of urbanization of the watershed. 8
163	163	(30) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3. 9
164	164	(31) Halfway house. A residential facility for adults or children who have been 10
165	165	institutionalized for criminal conduct and who require a group setting to facilitate the transition to 11
166	166	a functional member of society. 12
167	167	(32) Hardship. See § 45-24-41. 13
168	168	(33) Historic district or historic site. As defined in § 45-22.2-4. 14
169	169	(34) Home occupation. Any activity customarily carried out for gain by a resident, 15
170	170	conducted as an accessory use in the resident’s dwelling unit. 16
171	171	(35) Household. One or more persons living together in a single-dwelling unit, with 17
172	172	common access to, and common use of, all living and eating areas and all areas and facilities for 18
173	173	the preparation and storage of food within the dwelling unit. The term “household unit” is 19
174	174	synonymous with the term “dwelling unit” for determining the number of units allowed within any 20
175	175	structure on any lot in a zoning district. An individual household shall consist of any one of the 21
176	176	following: 22
177	177	(i) A family, which may also include servants and employees living with the family; or 23
178	178	(ii) A person or group of unrelated persons living together. The maximum number may be 24
179	179	set by local ordinance, but this maximum shall not be less than three (3). 25
180	180	(36) Incentive zoning. The process whereby the local authority may grant additional 26
181	181	development capacity in exchange for the developer’s provision of a public benefit or amenity as 27
182	182	specified in local ordinances. 28
183	183	(37) Infrastructure. Facilities and services needed to sustain residential, commercial, 29
184	184	industrial, institutional, and other activities. 30
185	185	(38) Land-development project. A project in which one or more lots, tracts, or parcels of 31
186	186	land are developed or redeveloped as a coordinated site for one or more uses, units, or structures, 32
187	187	including, but not limited to, planned development or cluster development for residential, 33
188	188	commercial, institutional, recreational, open space, or mixed uses as provided in the zoning 34
189	189
190	190
191	191	LC002510 - Page 6 of 14
192	192	ordinance. 1
193	193	(39) Lot. Either: 2
194	194	(i) The basic development unit for determination of lot area, depth, and other dimensional 3
195	195	regulations; or 4
196	196	(ii) A parcel of land whose boundaries have been established by some legal instrument, 5
197	197	such as a recorded deed or recorded map, and that is recognized as a separate legal entity for 6
198	198	purposes of transfer of title. 7
199	199	(40) Lot area. The total area within the boundaries of a lot, excluding any street right-of-8
200	200	way, usually reported in acres or square feet. 9
201	201	(41) Lot area, minimum. The smallest land area established by the local zoning ordinance 10
202	202	upon which a use, building, or structure may be located in a particular zoning district. 11
203	203	(42) Lot building coverage. That portion of the lot that is, or may be, covered by buildings 12
204	204	and accessory buildings. 13
205	205	(43) Lot depth. The distance measured from the front lot line to the rear lot line. For lots 14
206	206	where the front and rear lot lines are not parallel, the lot depth is an average of the depth. 15
207	207	(44) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall specify 16
208	208	how noncontiguous frontage will be considered with regard to minimum frontage requirements. 17
209	209	(45) Lot line. A line of record, bounding a lot, that divides one lot from another lot or from 18
210	210	a public or private street or any other public or private space and shall include: 19
211	211	(i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall 20
212	212	specify the method to be used to determine the front lot line on lots fronting on more than one 21
213	213	street, for example, corner and through lots; 22
214	214	(ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of 23
215	215	triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10′) in length 24
216	216	entirely within the lot, parallel to and at a maximum distance from, the front lot line; and 25
217	217	(iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may 26
218	218	be a street lot line, depending on requirements of the local zoning ordinance. 27
219	219	(46) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined 28
220	220	herein. 29
221	221	(47) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon two 30
222	222	(2) streets that do not intersect at the boundaries of the lot. 31
223	223	(48) Lot width. The horizontal distance between the side lines of a lot measured at right 32
224	224	angles to its depth along a straight line parallel to the front lot line at the minimum front setback 33
225	225	line. 34
226	226
227	227
228	228	LC002510 - Page 7 of 14
229	229	(49) Mere inconvenience. See § 45-24-41. 1
230	230	(50) Mixed use. A mixture of land uses within a single development, building, or tract. 2
231	231	(51) Modification. Permission granted and administered by the zoning enforcement officer 3
232	232	of the city or town, and pursuant to the provisions of this chapter to grant a dimensional variance 4
233	233	other than lot area requirements from the zoning ordinance to a limited degree as determined by 5
234	234	the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) of each of 6
235	235	the applicable dimensional requirements. 7
236	236	(52) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully 8
237	237	existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with 9
238	238	the provisions of that ordinance or amendment. Nonconformance is of only two (2) types: 10
239	239	(i) Nonconforming by use: a lawfully established use of land, building, or structure that is 11
240	240	not a permitted use in that zoning district. A building or structure containing more dwelling units 12
241	241	than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or 13
242	242	(ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance 14
243	243	with the dimensional regulations of the zoning ordinance. Dimensional regulations include all 15
244	244	regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building 16
245	245	or structure containing more dwelling units than are permitted by the use regulations of a zoning 17
246	246	ordinance is nonconforming by use; a building or structure containing a permitted number of 18
247	247	dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per 19
248	248	dwelling unit regulations, is nonconforming by dimension. 20
249	249	(53) Overlay district. A district established in a zoning ordinance that is superimposed on 21
250	250	one or more districts or parts of districts. The standards and requirements associated with an overlay 22
251	251	district may be more or less restrictive than those in the underlying districts consistent with other 23
252	252	applicable state and federal laws. 24
253	253	(54) Performance standards. A set of criteria or limits relating to elements that a particular 25
254	254	use or process must either meet or may not exceed. 26
255	255	(55) Permitted use. A use by right that is specifically authorized in a particular zoning 27
256	256	district. 28
257	257	(56) Planned development. A “land-development project,” as defined in subsection (38), 29
258	258	and developed according to plan as a single entity and containing one or more structures or uses 30
259	259	with appurtenant common areas. 31
260	260	(57) Plant agriculture. The growing of plants for food or fiber, to sell or consume. 32
261	261	(58) Preapplication conference. A review meeting of a proposed development held 33
262	262	between applicants and reviewing agencies as permitted by law and municipal ordinance, before 34
263	263
264	264
265	265	LC002510 - Page 8 of 14
266	266	formal submission of an application for a permit or for development approval. 1
267	267	(59) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance of 2
268	268	the required setback for the zoning district in which the lot is located that establishes the area within 3
269	269	which the principal structure must be erected or placed. 4
270	270	(60) Site plan. The development plan for one or more lots on which is shown the existing 5
271	271	and/or the proposed conditions of the lot. 6
272	272	(61) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface 7
273	273	of the ground. 8
274	274	(62) Special use. A regulated use that is permitted pursuant to the special-use permit issued 9
275	275	by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a special 10
276	276	exception. 11
277	277	(63) Structure. A combination of materials to form a construction for use, occupancy, or 12
278	278	ornamentation, whether installed on, above, or below the surface of land or water. 13
279	279	(64) Substandard lot of record. Any lot lawfully existing at the time of adoption or 14
280	280	amendment of a zoning ordinance and not in conformance with the dimensional or area provisions 15
281	281	of that ordinance. 16
282	282	(65) Use. The purpose or activity for which land or buildings are designed, arranged, or 17
283	283	intended, or for which land or buildings are occupied or maintained. 18
284	284	(66) Variance. Permission to depart from the literal requirements of a zoning ordinance. 19
285	285	An authorization for the construction or maintenance of a building or structure, or for the 20
286	286	establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There are 21
287	287	only two (2) categories of variance, a use variance or a dimensional variance. 22
288	288	(i) Use variance. Permission to depart from the use requirements of a zoning ordinance 23
289	289	where the applicant for the requested variance has shown by evidence upon the record that the 24
290	290	subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the 25
291	291	zoning ordinance. 26
292	292	(ii) Dimensional variance. Permission to depart from the dimensional requirements of a 27
293	293	zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the 28
294	294	record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use 29
295	295	of the subject property unless granted the requested relief from the dimensional regulations. 30
296	296	However, the fact that a use may be more profitable or that a structure may be more valuable after 31
297	297	the relief is granted are not grounds for relief. 32
298	298	(67) Waters. As defined in § 46-12-1(23). 33
299	299	(68) Wetland, coastal. As defined in § 45-22.2-4. 34
300	300
301	301
302	302	LC002510 - Page 9 of 14
303	303	(69) Wetland, freshwater. As defined in § 2-1-20. 1
304	304	(70) Zoning certificate. A document signed by the zoning-enforcement officer, as required 2
305	305	in the zoning ordinance, that acknowledges that a use, structure, building, or lot either complies 3
306	306	with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or is an 4
307	307	authorized variance or modification therefrom. 5
308	308	(71) Zoning map. The map, or maps, that are a part of the zoning ordinance and that 6
309	309	delineate the boundaries of all mapped zoning districts within the physical boundary of the city or 7
310	310	town. 8
311	311	(72) Zoning ordinance. An ordinance enacted by the legislative body of the city or town 9
312	312	pursuant to this chapter and in the manner providing for the adoption of ordinances in the city or 10
313	313	town’s legislative or home rule charter, if any, that establish regulations and standards relating to 11
314	314	the nature and extent of uses of land and structures; that is consistent with the comprehensive plan 12
315	315	of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that 13
316	316	complies with the provisions of this chapter. 14
317	317	(73) Zoning-use district. The basic unit in zoning, either mapped or unmapped, to which 15
318	318	a uniform set of regulations applies, or a uniform set of regulations for a specified use. Zoning-use 16
319	319	districts include, but are not limited to: agricultural, commercial, industrial, institutional, open 17
320	320	space, and residential. Each district may include sub-districts. Districts may be combined. 18
321	321	45-24-37. General provisions — Permitted uses. 19
322	322	(a) The zoning ordinance shall provide a listing of all land uses and/or performance 20
323	323	standards for uses that are permitted within the zoning use districts of the municipality. The 21
324	324	ordinance may provide for a procedure under which a proposed land use that is not specifically 22
325	325	listed may be presented by the property owner to the zoning board of review or to a local official 23
326	326	or agency charged with administration and enforcement of the ordinance for an evaluation and 24
327	327	determination of whether the proposed use is of a similar type, character, and intensity as a listed 25
328	328	permitted use. Upon such determination, the proposed use may be considered to be a permitted use. 26
329	329	(b) Notwithstanding any other provision of this chapter, the following uses are permitted 27
330	330	uses within all residential zoning use districts of a municipality and all industrial and commercial 28
331	331	zoning use districts except where residential use is prohibited for public health or safety reasons: 29
332	332	(1) Households; 30
333	333	(2) Community residences; and 31
334	334	(3) Family daycare homes. 32
335	335	(c) Any time a building or other structure used for residential purposes, or a portion of a 33
336	336	building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire 34
337	337
338	338
339	339	LC002510 - Page 10 of 14
340	340	or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured home, 1
341	341	or homes, as the need may be, elsewhere upon the land, for use and occupancy of the former 2
342	342	occupants for a period of up to twelve (12) months, or until the building or structure is rehabilitated 3
343	343	and otherwise made fit for occupancy. The property owner, or a properly designated agent of the 4
344	344	owner, is only allowed to cause the mobile and manufactured home, or homes, to remain 5
345	345	temporarily upon the land by making timely application to the local building official for the 6
346	346	purposes of obtaining the necessary permits to repair or rebuild the structure. 7
347	347	(d) Notwithstanding any other provision of this chapter, appropriate access for people with 8
348	348	disabilities to residential structures is allowed as a reasonable accommodation for any person(s) 9
349	349	residing, or intending to reside, in the residential structure. 10
350	350	(e) Notwithstanding any other provision of this chapter, an accessory dwelling unit in 11
351	351	located on an owner-occupied residence property that complies with §§ 45-24-31 and 45-24-12
352	352	73(a)(1) shall be permitted as a reasonable accommodation for family members with disabilities or 13
353	353	who are sixty-two (62) years of age or older, or to accommodate other family members in 14
354	354	residential zoning districts which permit single-family, two (2) family and multi-family dwellings 15
355	355	meaning that applications for ADUs which are not part of a larger development proposal are able 16
356	356	to be approved without requiring: 17
357	357	(1) A public hearing; 18
358	358	(2) A use variance or special use permit; 19
359	359	(3) Major or minor land development review; or 20
360	360	(4) Other discretionary action of the zoning or planning boards or officials of a 21
361	361	municipality, other than review by the administrative officer to ensure compliance with applicable 22
362	362	zoning ordinances and §§ 45-24-31 and 45-24-73. 23
363	363	(f) When used in this section the terms “people with disabilities” or “member, or members, 24
364	364	with disabilities” means a person(s) who has a physical or mental impairment that substantially 25
365	365	limits one or more major life activities, as defined in § 42-87-1(7). 26
366	366	(g) Notwithstanding any other provisions of this chapter, plant agriculture is a permitted 27
367	367	use within all zoning districts of a municipality, including all industrial and commercial zoning 28
368	368	districts, except where prohibited for public health or safety reasons or the protection of wildlife 29
369	369	habitat. 30
370	370	45-24-73. Consistent statewide treatment of accessory dwelling units required. Design 31
371	371	standards required for accessory dwelling units; Consistent statewide treatment of accessory 32
372	372	dwelling units required. 33
373	373	(a) Any municipality that chooses to permit accessory dwelling units (ADUs) within the 34
374	374
375	375
376	376	LC002510 - Page 11 of 14
377	377	municipality, shall not impose any excessive restrictions on accessory dwelling units (ADUs). 1
378	378	More specifically, a municipality that permits ADUs shall not: 2
379	379	Uniform zoning standards for accessory dwelling units. 3
380	380	(1) One accessory dwelling unit (ADU) shall be allowed by right: 4
381	381	(i) On any lot with a total lot area of twenty thousand square feet (20,000 sq. ft.) or more 5
382	382	for which the primary use is residential; or 6
383	383	(ii) Where the proposed ADU is located within the existing footprint of the primary 7
384	384	structure or existing secondary attached or detached structure and does not expand the footprint of 8
385	385	the structure. An ADU allowed by right under this subsection constructed after July 1, 2023, shall 9
386	386	be limited to nine hundred square feet (900 sq. ft.) A municipality shall not require such permitted 10
387	387	ADUs to make infrastructure improvements, including, but not limited to, separate water or sewer 11
388	388	service lines or expanded septic system capacity; unless such improvements and/or modifications 12
389	389	are required for compliance under state law or regulation; 13
390	390	(2) For all ADU applications other than those set forth in subsection (a)(1) of this section, 14
391	391	a municipality may not: 15
392	392	(1)(i) Restrict tenants based on familial relationship relationships or age unless such 16
393	393	restriction is necessary to comply with the terms of the federal subsidy related to affordability; 17
394	394	(2)(ii) Charge unique or unreasonable application or permitting fees for the creation of an 18
395	395	ADU that exceed those that would be charged for a new single family dwelling; 19
396	396	(3)(iii) Require infrastructure improvements in connection with the ADU, including, but 20
397	397	not limited to, separate water or sewer service lines or expanded septic system capacity; provided, 21
398	398	however, municipalities may require modification unless such improvements and/or modifications 22
399	399	are required for compliance under state law or regulation; 23
400	400	(4)(iv) Discriminate against populations protected under state and federal fair housing 24
401	401	laws; 25
402	402	(5)(v) Impose unreasonable dimensional requirements or other development standards on 26
403	403	ADUs that effectively preclude their development or utilization; 27
404	404	(6)(vi) Require a larger minimum lot size for a property with an ADU over that required 28
405	405	for a property without an ADU in the same zone; 29
406	406	(7)(vii) Require more than one off-street parking space beyond what is already required for 30
407	407	the primary use; or dwelling; 31
408	408	(8)(viii) Limit ADUs to lots with preexisting homes; provided, a municipality shall allow 32
409	409	ADUs dwellings, or otherwise prohibit ADUs as part of applications for new primary dwelling 33
410	410	units or subdivisions.; 34
411	411
412	412
413	413	LC002510 - Page 12 of 14
414	414	(ix) Limit the number of bedrooms that may be provided in an ADU; 1
415	415	(x) Impose floor area requirements on an ADU or the primary dwellings associated with 2
416	416	an ADU beyond what is required by the state housing maintenance and occupancy code pursuant 3
417	417	to § 45-24.3-11; 4
418	418	(xi) Require all ADUs to be low- and moderate-income housing as defined by § 45-53-3; 5
419	419	or 6
420	420	(xii) Revoke the permitted status or otherwise require the disassembly of a legally 7
421	421	established ADU upon transfer of title or occupancy. 8
422	422	(3) Applications for ADUs that are not part of a larger development proposal and do not 9
423	423	qualify under § 45-24-37 and subsection (a)(1) of this section shall be reviewed through an 10
424	424	administrative officer or development plan review process. They shall not, by themselves, be 11
425	425	reviewed as minor land development, major land development, or special use permits. 12
426	426	(4) A municipality shall allow ADUs as part of applications for new primary dwelling units 13
427	427	or subdivisions. For proposed ADUs that are part of a larger development proposal, a municipality 14
428	428	shall not count such ADUs toward density of the proposal for purposes of limiting the number of 15
429	429	dwelling units allowed in such development proposal. 16
430	430	(i) Municipalities may utilize a unified development review process for any application 17
431	431	that includes ADUs, regardless of whether a city or town has opted into the current unified 18
432	432	development review statute. 19
433	433	(5) As part of the approval process, municipalities may exempt ADUs from all or part of 20
434	434	utility assessment and/or tie in fees. 21
435	435	(b) To further enable the use of ADUs and to remove barriers to utilization, municipalities 22
436	436	may allow ADUs in primary or accessory structures that are lawfully established preexisting non-23
437	437	conforming through a special use permit and not require a variance, notwithstanding any provision 24
438	438	of this chapter to the contrary that would require a variance. 25
439	439	(c)(6) Private restrictions on ADUs imposed by condominium associations, homeowner 26
440	440	associations, or similar residential property governing bodies, which conflict with the provisions 27
441	441	of this section or the definition of an ADU as set forth in § 45-24-31, shall be void as against public 28
442	442	policy. Provided, however, if ADUs are allowed by condominium association covenants, 29
443	443	homeowner association covenants, or similar residential property governing bodies, they shall be 30
444	444	deemed in compliance with this subsection. 31
445	445	(d)(7) The development of ADUs shall not be restricted by any locally adopted ordinance 32
446	446	or policy that places a limit or moratorium on the development of residential units in land zoned 33
447	447	for residential use. 34
448	448
449	449
450	450	LC002510 - Page 13 of 14
451	451	(8) ADUs shall not be offered or rented for tourist or transient use or through a hosting 1
452	452	platform, as such terms are defined in § 42-63.1-2. 2
453	453	SECTION 2. Section 45-24-74 of the General Laws in Chapter 45-24 entitled "Zoning 3
454	454	Ordinances" is hereby repealed. 4
455	455	45-24-74. Additional zoning provisions for applications for accessory dwelling units. 5
456	456	(a) Applications for accessory dwelling units (ADUs) that are not part of a larger 6
457	457	development proposal shall be reviewed through an administrative officer or development plan 7
458	458	review process. They shall not, by themselves, be reviewed as minor land development, major land 8
459	459	development, or special use permits. 9
460	460	(b) ADUs shall be a permitted use in any residential district with a minimum lot size of 10
461	461	twenty thousand square feet (20,000 sq. ft.) or more, and where the proposed ADU is located within 11
462	462	the existing footprint of the primary structure or existing secondary attached or detached structure 12
463	463	and does not expand the footprint of the structure. 13
464	464	(c) Municipalities may utilize a unified development review process for any application 14
465	465	that includes ADUs, regardless of whether a city or town has opted into the current unified 15
466	466	development review statute. 16
467	467	(d) As part of the approval process, municipalities may exempt ADUs from all or part of 17
468	468	utility assessment and/or tie in fees. 18
469	469	SECTION 3. This act shall take effect upon passage. 19
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471	471	LC002510
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473	473
474	474
475	475	LC002510 - Page 14 of 14
476	476	EXPLANATION
477	477	BY THE LEGISLATIVE COUNCIL
478	478	OF
479	479	A N A C T
480	480	RELATING TO TOWNS AN D CITIES -- ZONING ORDINANCES
481	481	***
482	482	This act would amend several sections of law relating to zoning ordinances to provide 1
483	483	uniform zoning standards for accessory dwelling units. 2
484	484	This act would take effect upon passage. 3
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486	486	LC002510
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488	488