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Rhode Island Senate Bill S1061

Rhode Island 2023 Regular Session

Rhode Island Senate Bill S1061 Compare Versions

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5-2023 -- S 1061 SUBSTITUTE A AS AMENDED
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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO TOWNS AN D CITIES -- ZONING ORDINANCES
1616 Introduced By: Senator David P. Tikoian
1717 Date Introduced: May 19, 2023
1818 Referred To: Senate Housing & Municipal Government
1919
2020
2121 It is enacted by the General Assembly as follows:
2222 SECTION 1. Section 45-24-31 of the General Laws in Chapter 45-24 entitled "Zoning 1
2323 Ordinances" is hereby amended to read as follows: 2
2424 45-24-31. Definitions. 3
2525 Where words or terms used in this chapter are defined in § 45-22.2-4 or 45-23-32, they 4
2626 have the meanings stated in that section. In addition, the following words have the following 5
2727 meanings. Additional words and phrases may be used in developing local ordinances under this 6
2828 chapter; however, the words and phrases defined in this section are controlling in all local 7
2929 ordinances created under this chapter: 8
3030 (1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with 9
3131 no intervening land. 10
3232 (2) Accessory dwelling unit (ADU). A residential living unit on the same parcel where the 11
3333 primary use is a legally established single-unit or multi-unit dwelling. An ADU provides complete 12
3434 independent living facilities for one or more persons. It may take various forms including, but not 13
3535 limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; 14
3636 or a unit that is part of an expanded or remodeled primary dwelling. 15
3737 (3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental 16
3838 and subordinate to the principal use of the land or building. An accessory use may be restricted to 17
3939 the same lot as the principal use. An accessory use shall not be permitted without the principal use 18
4040 to which it is related. 19
4141
4242
4343 LC003043/SUB A - Page 2 of 10
4444 (4) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be: 1
4545 (i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her, 2
4646 or its property will be injured by a decision of any officer or agency responsible for administering 3
4747 the zoning ordinance of a city or town; or 4
4848 (ii) Anyone requiring notice pursuant to this chapter. 5
4949 (5) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4. 6
5050 (6) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2. 7
5151 (7) Applicant. An owner, or authorized agent of the owner, submitting an application or 8
5252 appealing an action of any official, board, or agency. 9
5353 (8) Application. The completed form, or forms, and all accompanying documents, exhibits, 10
5454 and fees required of an applicant by an approving authority for development review, approval, or 11
5555 permitting purposes. 12
5656 (9) Buffer. Land that is maintained in either a natural or landscaped state, and is used to 13
5757 screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-way. 14
5858 (10) Building. Any structure used or intended for supporting or sheltering any use or 15
5959 occupancy. 16
6060 (11) Building envelope. The three-dimensional space within which a structure is permitted 17
6161 to be built on a lot and that is defined by regulations governing building setbacks, maximum height, 18
6262 and bulk; by other regulations; or by any combination thereof. 19
6363 (12) Building height. For a vacant parcel of land, building height shall be measured from 20
6464 the average, existing-grade elevation where the foundation of the structure is proposed. For an 21
6565 existing structure, building height shall be measured from average grade taken from the outermost 22
6666 four (4) corners of the existing foundation. In all cases, building height shall be measured to the top 23
6767 of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, 24
6868 chimneys, flag poles, and the like. For any property or structure located in a special flood hazard 25
6969 area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the 26
7070 Rhode Island coastal resources management council (CRMC) suggested design elevation three foot 27
7171 (3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-year (100) 28
7272 storm, the greater of the following amounts, expressed in feet, shall be excluded from the building 29
7373 height calculation: 30
7474 (i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or 31
7575 proposed freeboard, less the average existing grade elevation; or 32
7676 (ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a 33
7777 one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate 34
7878
7979
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8181 the appropriate suggested design elevation map for the exclusion every ten (10) years, or as 1
8282 otherwise necessary. 2
8383 (13) Cluster. A site-planning technique that concentrates buildings in specific areas on the 3
8484 site to allow the remaining land to be used for recreation, common open space, and/or preservation 4
8585 of environmentally, historically, culturally, or other sensitive features and/or structures. The 5
8686 techniques used to concentrate buildings shall be specified in the ordinance and may include, but 6
8787 are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the 7
8888 resultant open land being devoted by deed restrictions for one or more uses. Under cluster 8
8989 development, there is no increase in the number of lots that would be permitted under conventional 9
9090 development except where ordinance provisions include incentive bonuses for certain types or 10
9191 conditions of development. 11
9292 (14) Common ownership. Either: 12
9393 (i) Ownership by one or more individuals or entities in any form of ownership of two (2) 13
9494 or more contiguous lots; or 14
9595 (ii) Ownership by any association (ownership may also include a municipality) of one or 15
9696 more lots under specific development techniques. 16
9797 (15) Community residence. A home or residential facility where children and/or adults 17
9898 reside in a family setting and may or may not receive supervised care. This does not include halfway 18
9999 houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the 19
100100 following: 20
101101 (i) Whenever six (6) or fewer children or adults with intellectual and/or developmental 21
102102 disability reside in any type of residence in the community, as licensed by the state pursuant to 22
103103 chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community 23
104104 residences; 24
105105 (ii) A group home providing care or supervision, or both, to not more than eight (8) persons 25
106106 with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1; 26
107107 (iii) A residence for children providing care or supervision, or both, to not more than eight 27
108108 (8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of 28
109109 title 42; 29
110110 (iv) A community transitional residence providing care or assistance, or both, to no more 30
111111 than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) 31
112112 persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, 32
113113 abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor 33
114114 more than two (2) years. Residents will have access to, and use of, all common areas, including 34
115115
116116
117117 LC003043/SUB A - Page 4 of 10
118118 eating areas and living rooms, and will receive appropriate social services for the purpose of 1
119119 fostering independence, self-sufficiency, and eventual transition to a permanent living situation. 2
120120 (16) Comprehensive plan. The comprehensive plan adopted and approved pursuant to 3
121121 chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in 4
122122 compliance. 5
123123 (17) Day care — Daycare center. Any other daycare center that is not a family daycare 6
124124 home. 7
125125 (18) Day care — Family daycare home. Any home, other than the individual’s home, in 8
126126 which day care in lieu of parental care or supervision is offered at the same time to six (6) or less 9
127127 individuals who are not relatives of the caregiver, but may not contain more than a total of eight 10
128128 (8) individuals receiving day care. 11
129129 (19) Density, residential. The number of dwelling units per unit of land. 12
130130 (20) Development. The construction, reconstruction, conversion, structural alteration, 13
131131 relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; 14
132132 or any change in use, or alteration or extension of the use, of land. 15
133133 (21) Development plan review. The process whereby authorized, local officials review the 16
134134 site plans, maps, and other documentation of a development to determine the compliance with the 17
135135 stated purposes and standards of the ordinance. 18
136136 (22) District. See “zoning-use district.” 19
137137 (23) Drainage system. A system for the removal of water from land by drains, grading, or 20
138138 other appropriate means. These techniques may include runoff controls to minimize erosion and 21
139139 sedimentation during and after construction or development; the means for preserving surface and 22
140140 groundwaters; and the prevention and/or alleviation of flooding. 23
141141 (24) Dwelling unit. A structure, or portion of a structure, providing complete, independent 24
142142 living facilities for one or more persons, including permanent provisions for living, sleeping, eating, 25
143143 cooking, and sanitation, and containing a separate means of ingress and egress. 26
144144 (25) Extractive industry. The extraction of minerals, including: solids, such as coal and 27
145145 ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes 28
146146 quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other 29
147147 preparation customarily done at the extraction site or as a part of the extractive activity. 30
148148 (26) Family member. A person, or persons, related by blood, marriage, or other legal 31
149149 means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, 32
150150 grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household. 33
151151 (27) Floating zone. An unmapped zoning district adopted within the ordinance that is 34
152152
153153
154154 LC003043/SUB A - Page 5 of 10
155155 established on the zoning map only when an application for development, meeting the zone 1
156156 requirements, is approved. 2
157157 (28) Floodplains, or Flood hazard area. As defined in § 45-22.2-4. 3
158158 (29) Freeboard. A factor of safety expressed in feet above the base flood elevation of a 4
159159 flood hazard area for purposes of floodplain management. Freeboard compensates for the many 5
160160 unknown factors that could contribute to flood heights, such as wave action, bridge openings, and 6
161161 the hydrological effect of urbanization of the watershed. 7
162162 (30) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3. 8
163163 (31) Halfway house. A residential facility for adults or children who have been 9
164164 institutionalized for criminal conduct and who require a group setting to facilitate the transition to 10
165165 a functional member of society. 11
166166 (32) Hardship. See § 45-24-41. 12
167167 (33) Historic district or historic site. As defined in § 45-22.2-4. 13
168168 (34) Home occupation. Any activity customarily carried out for gain by a resident, 14
169169 conducted as an accessory use in the resident’s dwelling unit. 15
170170 (35) Household. One or more persons living together in a single-dwelling unit, with 16
171171 common access to, and common use of, all living and eating areas and all areas and facilities for 17
172172 the preparation and storage of food within the dwelling unit. The term “household unit” is 18
173173 synonymous with the term “dwelling unit” for determining the number of units allowed within any 19
174174 structure on any lot in a zoning district. An individual household shall consist of any one of the 20
175175 following: 21
176176 (i) A family, which may also include servants and employees living with the family; or 22
177177 (ii) A person or group of unrelated persons living together. The maximum number may be 23
178-set by local ordinance, but this maximum shall not be less than three (3) one person per bedroom 24
179-and shall not exceed five (5) unrelated persons per dwelling. 25
180-(36) Incentive zoning. The process whereby the local authority may grant additional 26
181-development capacity in exchange for the developer’s provision of a public benefit or amenity as 27
182-specified in local ordinances. 28
183-(37) Infrastructure. Facilities and services needed to sustain residential, commercial, 29
184-industrial, institutional, and other activities. 30
185-(38) Land-development project. A project in which one or more lots, tracts, or parcels of 31
186-land are developed or redeveloped as a coordinated site for one or more uses, units, or structures, 32
187-including, but not limited to, planned development or cluster development for residential, 33
188-commercial, institutional, recreational, open space, or mixed uses as provided in the zoning 34
178+set by local ordinance, but this maximum shall not be less than three (3) one person per bedroom. 24
179+(36) Incentive zoning. The process whereby the local authority may grant additional 25
180+development capacity in exchange for the developer’s provision of a public benefit or amenity as 26
181+specified in local ordinances. 27
182+(37) Infrastructure. Facilities and services needed to sustain residential, commercial, 28
183+industrial, institutional, and other activities. 29
184+(38) Land-development project. A project in which one or more lots, tracts, or parcels of 30
185+land are developed or redeveloped as a coordinated site for one or more uses, units, or structures, 31
186+including, but not limited to, planned development or cluster development for residential, 32
187+commercial, institutional, recreational, open space, or mixed uses as provided in the zoning 33
188+ordinance. 34
189189
190190
191191 LC003043/SUB A - Page 6 of 10
192-ordinance. 1
193-(39) Lot. Either: 2
194-(i) The basic development unit for determination of lot area, depth, and other dimensional 3
195-regulations; or 4
196-(ii) A parcel of land whose boundaries have been established by some legal instrument, 5
197-such as a recorded deed or recorded map, and that is recognized as a separate legal entity for 6
198-purposes of transfer of title. 7
199-(40) Lot area. The total area within the boundaries of a lot, excluding any street right-of-8
200-way, usually reported in acres or square feet. 9
201-(41) Lot area, minimum. The smallest land area established by the local zoning ordinance 10
202-upon which a use, building, or structure may be located in a particular zoning district. 11
203-(42) Lot building coverage. That portion of the lot that is, or may be, covered by buildings 12
204-and accessory buildings. 13
205-(43) Lot depth. The distance measured from the front lot line to the rear lot line. For lots 14
206-where the front and rear lot lines are not parallel, the lot depth is an average of the depth. 15
207-(44) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall specify 16
208-how noncontiguous frontage will be considered with regard to minimum frontage requirements. 17
209-(45) Lot line. A line of record, bounding a lot, that divides one lot from another lot or from 18
210-a public or private street or any other public or private space and shall include: 19
211-(i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall 20
212-specify the method to be used to determine the front lot line on lots fronting on more than one 21
213-street, for example, corner and through lots; 22
214-(ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of 23
215-triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10′) in length 24
216-entirely within the lot, parallel to and at a maximum distance from, the front lot line; and 25
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-be a street lot line, depending on requirements of the local zoning ordinance. 27
219-(46) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined 28
220-herein. 29
221-(47) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon two 30
222-(2) streets that do not intersect at the boundaries of the lot. 31
223-(48) Lot width. The horizontal distance between the side lines of a lot measured at right 32
224-angles to its depth along a straight line parallel to the front lot line at the minimum front setback 33
225-line. 34
192+(39) Lot. Either: 1
193+(i) The basic development unit for determination of lot area, depth, and other dimensional 2
194+regulations; or 3
195+(ii) A parcel of land whose boundaries have been established by some legal instrument, 4
196+such as a recorded deed or recorded map, and that is recognized as a separate legal entity for 5
197+purposes of transfer of title. 6
198+(40) Lot area. The total area within the boundaries of a lot, excluding any street right-of-7
199+way, usually reported in acres or square feet. 8
200+(41) Lot area, minimum. The smallest land area established by the local zoning ordinance 9
201+upon which a use, building, or structure may be located in a particular zoning district. 10
202+(42) Lot building coverage. That portion of the lot that is, or may be, covered by buildings 11
203+and accessory buildings. 12
204+(43) Lot depth. The distance measured from the front lot line to the rear lot line. For lots 13
205+where the front and rear lot lines are not parallel, the lot depth is an average of the depth. 14
206+(44) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall specify 15
207+how noncontiguous frontage will be considered with regard to minimum frontage requirements. 16
208+(45) Lot line. A line of record, bounding a lot, that divides one lot from another lot or from 17
209+a public or private street or any other public or private space and shall include: 18
210+(i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall 19
211+specify the method to be used to determine the front lot line on lots fronting on more than one 20
212+street, for example, corner and through lots; 21
213+(ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of 22
214+triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10′) in length 23
215+entirely within the lot, parallel to and at a maximum distance from, the front lot line; and 24
216+(iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may 25
217+be a street lot line, depending on requirements of the local zoning ordinance. 26
218+(46) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined 27
219+herein. 28
220+(47) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon two 29
221+(2) streets that do not intersect at the boundaries of the lot. 30
222+(48) Lot width. The horizontal distance between the side lines of a lot measured at right 31
223+angles to its depth along a straight line parallel to the front lot line at the minimum front setback 32
224+line. 33
225+(49) Mere inconvenience. See § 45-24-41. 34
226226
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228228 LC003043/SUB A - Page 7 of 10
229-(49) Mere inconvenience. See § 45-24-41. 1
230-(50) Mixed use. A mixture of land uses within a single development, building, or tract. 2
231-(51) Modification. Permission granted and administered by the zoning enforcement officer 3
232-of the city or town, and pursuant to the provisions of this chapter to grant a dimensional variance 4
233-other than lot area requirements from the zoning ordinance to a limited degree as determined by 5
234-the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) of each of 6
235-the applicable dimensional requirements. 7
236-(52) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully 8
237-existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with 9
238-the provisions of that ordinance or amendment. Nonconformance is of only two (2) types: 10
239-(i) Nonconforming by use: a lawfully established use of land, building, or structure that is 11
240-not a permitted use in that zoning district. A building or structure containing more dwelling units 12
241-than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or 13
242-(ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance 14
243-with the dimensional regulations of the zoning ordinance. Dimensional regulations include all 15
244-regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building 16
245-or structure containing more dwelling units than are permitted by the use regulations of a zoning 17
246-ordinance is nonconforming by use; a building or structure containing a permitted number of 18
247-dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per 19
248-dwelling unit regulations, is nonconforming by dimension. 20
249-(53) Overlay district. A district established in a zoning ordinance that is superimposed on 21
250-one or more districts or parts of districts. The standards and requirements associated with an overlay 22
251-district may be more or less restrictive than those in the underlying districts consistent with other 23
252-applicable state and federal laws. 24
253-(54) Performance standards. A set of criteria or limits relating to elements that a particular 25
254-use or process must either meet or may not exceed. 26
255-(55) Permitted use. A use by right that is specifically authorized in a particular zoning 27
256-district. 28
257-(56) Planned development. A “land-development project,” as defined in subsection (38), 29
258-and developed according to plan as a single entity and containing one or more structures or uses 30
259-with appurtenant common areas. 31
260-(57) Plant agriculture. The growing of plants for food or fiber, to sell or consume. 32
261-(58) Preapplication conference. A review meeting of a proposed development held 33
262-between applicants and reviewing agencies as permitted by law and municipal ordinance, before 34
229+(50) Mixed use. A mixture of land uses within a single development, building, or tract. 1
230+(51) Modification. Permission granted and administered by the zoning enforcement officer 2
231+of the city or town, and pursuant to the provisions of this chapter to grant a dimensional variance 3
232+other than lot area requirements from the zoning ordinance to a limited degree as determined by 4
233+the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) of each of 5
234+the applicable dimensional requirements. 6
235+(52) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully 7
236+existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with 8
237+the provisions of that ordinance or amendment. Nonconformance is of only two (2) types: 9
238+(i) Nonconforming by use: a lawfully established use of land, building, or structure that is 10
239+not a permitted use in that zoning district. A building or structure containing more dwelling units 11
240+than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or 12
241+(ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance 13
242+with the dimensional regulations of the zoning ordinance. Dimensional regulations include all 14
243+regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building 15
244+or structure containing more dwelling units than are permitted by the use regulations of a zoning 16
245+ordinance is nonconforming by use; a building or structure containing a permitted number of 17
246+dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per 18
247+dwelling unit regulations, is nonconforming by dimension. 19
248+(53) Overlay district. A district established in a zoning ordinance that is superimposed on 20
249+one or more districts or parts of districts. The standards and requirements associated with an overlay 21
250+district may be more or less restrictive than those in the underlying districts consistent with other 22
251+applicable state and federal laws. 23
252+(54) Performance standards. A set of criteria or limits relating to elements that a particular 24
253+use or process must either meet or may not exceed. 25
254+(55) Permitted use. A use by right that is specifically authorized in a particular zoning 26
255+district. 27
256+(56) Planned development. A “land-development project,” as defined in subsection (38), 28
257+and developed according to plan as a single entity and containing one or more structures or uses 29
258+with appurtenant common areas. 30
259+(57) Plant agriculture. The growing of plants for food or fiber, to sell or consume. 31
260+(58) Preapplication conference. A review meeting of a proposed development held 32
261+between applicants and reviewing agencies as permitted by law and municipal ordinance, before 33
262+formal submission of an application for a permit or for development approval. 34
263263
264264
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266-formal submission of an application for a permit or for development approval. 1
267-(59) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance of 2
268-the required setback for the zoning district in which the lot is located that establishes the area within 3
269-which the principal structure must be erected or placed. 4
270-(60) Site plan. The development plan for one or more lots on which is shown the existing 5
271-and/or the proposed conditions of the lot. 6
272-(61) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface 7
273-of the ground. 8
274-(62) Special use. A regulated use that is permitted pursuant to the special-use permit issued 9
275-by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a special 10
276-exception. 11
277-(63) Structure. A combination of materials to form a construction for use, occupancy, or 12
278-ornamentation, whether installed on, above, or below the surface of land or water. 13
279-(64) Substandard lot of record. Any lot lawfully existing at the time of adoption or 14
280-amendment of a zoning ordinance and not in conformance with the dimensional or area provisions 15
281-of that ordinance. 16
282-(65) Use. The purpose or activity for which land or buildings are designed, arranged, or 17
283-intended, or for which land or buildings are occupied or maintained. 18
284-(66) Variance. Permission to depart from the literal requirements of a zoning ordinance. 19
285-An authorization for the construction or maintenance of a building or structure, or for the 20
286-establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There are 21
287-only two (2) categories of variance, a use variance or a dimensional variance. 22
288-(i) Use variance. Permission to depart from the use requirements of a zoning ordinance 23
289-where the applicant for the requested variance has shown by evidence upon the record that the 24
290-subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the 25
291-zoning ordinance. 26
292-(ii) Dimensional variance. Permission to depart from the dimensional requirements of a 27
293-zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the 28
294-record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use 29
295-of the subject property unless granted the requested relief from the dimensional regulations. 30
296-However, the fact that a use may be more profitable or that a structure may be more valuable after 31
297-the relief is granted are not grounds for relief. 32
298-(67) Waters. As defined in § 46-12-1(23). 33
299-(68) Wetland, coastal. As defined in § 45-22.2-4. 34
266+(59) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance of 1
267+the required setback for the zoning district in which the lot is located that establishes the area within 2
268+which the principal structure must be erected or placed. 3
269+(60) Site plan. The development plan for one or more lots on which is shown the existing 4
270+and/or the proposed conditions of the lot. 5
271+(61) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface 6
272+of the ground. 7
273+(62) Special use. A regulated use that is permitted pursuant to the special-use permit issued 8
274+by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a special 9
275+exception. 10
276+(63) Structure. A combination of materials to form a construction for use, occupancy, or 11
277+ornamentation, whether installed on, above, or below the surface of land or water. 12
278+(64) Substandard lot of record. Any lot lawfully existing at the time of adoption or 13
279+amendment of a zoning ordinance and not in conformance with the dimensional or area provisions 14
280+of that ordinance. 15
281+(65) Use. The purpose or activity for which land or buildings are designed, arranged, or 16
282+intended, or for which land or buildings are occupied or maintained. 17
283+(66) Variance. Permission to depart from the literal requirements of a zoning ordinance. 18
284+An authorization for the construction or maintenance of a building or structure, or for the 19
285+establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There are 20
286+only two (2) categories of variance, a use variance or a dimensional variance. 21
287+(i) Use variance. Permission to depart from the use requirements of a zoning ordinance 22
288+where the applicant for the requested variance has shown by evidence upon the record that the 23
289+subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the 24
290+zoning ordinance. 25
291+(ii) Dimensional variance. Permission to depart from the dimensional requirements of a 26
292+zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the 27
293+record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use 28
294+of the subject property unless granted the requested relief from the dimensional regulations. 29
295+However, the fact that a use may be more profitable or that a structure may be more valuable after 30
296+the relief is granted are not grounds for relief. 31
297+(67) Waters. As defined in § 46-12-1(23). 32
298+(68) Wetland, coastal. As defined in § 45-22.2-4. 33
299+(69) Wetland, freshwater. As defined in § 2-1-20. 34
300300
301301
302302 LC003043/SUB A - Page 9 of 10
303-(69) Wetland, freshwater. As defined in § 2-1-20. 1
304-(70) Zoning certificate. A document signed by the zoning-enforcement officer, as required 2
305-in the zoning ordinance, that acknowledges that a use, structure, building, or lot either complies 3
306-with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or is an 4
307-authorized variance or modification therefrom. 5
308-(71) Zoning map. The map, or maps, that are a part of the zoning ordinance and that 6
309-delineate the boundaries of all mapped zoning districts within the physical boundary of the city or 7
310-town. 8
311-(72) Zoning ordinance. An ordinance enacted by the legislative body of the city or town 9
312-pursuant to this chapter and in the manner providing for the adoption of ordinances in the city or 10
313-town’s legislative or home rule charter, if any, that establish regulations and standards relating to 11
314-the nature and extent of uses of land and structures; that is consistent with the comprehensive plan 12
315-of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that 13
316-complies with the provisions of this chapter. 14
317-(73) Zoning-use district. The basic unit in zoning, either mapped or unmapped, to which 15
318-a uniform set of regulations applies, or a uniform set of regulations for a specified use. Zoning-use 16
319-districts include, but are not limited to: agricultural, commercial, industrial, institutional, open 17
320-space, and residential. Each district may include sub-districts. Districts may be combined. 18
321-SECTION 2. This act shall take effect upon passage. 19
303+(70) Zoning certificate. A document signed by the zoning-enforcement officer, as required 1
304+in the zoning ordinance, that acknowledges that a use, structure, building, or lot either complies 2
305+with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or is an 3
306+authorized variance or modification therefrom. 4
307+(71) Zoning map. The map, or maps, that are a part of the zoning ordinance and that 5
308+delineate the boundaries of all mapped zoning districts within the physical boundary of the city or 6
309+town. 7
310+(72) Zoning ordinance. An ordinance enacted by the legislative body of the city or town 8
311+pursuant to this chapter and in the manner providing for the adoption of ordinances in the city or 9
312+town’s legislative or home rule charter, if any, that establish regulations and standards relating to 10
313+the nature and extent of uses of land and structures; that is consistent with the comprehensive plan 11
314+of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that 12
315+complies with the provisions of this chapter. 13
316+(73) Zoning-use district. The basic unit in zoning, either mapped or unmapped, to which 14
317+a uniform set of regulations applies, or a uniform set of regulations for a specified use. Zoning-use 15
318+districts include, but are not limited to: agricultural, commercial, industrial, institutional, open 16
319+space, and residential. Each district may include sub-districts. Districts may be combined. 17
320+SECTION 2. This act shall take effect upon passage. 18
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325324
326325
327326 LC003043/SUB A - Page 10 of 10
328327 EXPLANATION
329328 BY THE LEGISLATIVE COUNCIL
330329 OF
331330 A N A C T
332331 RELATING TO TOWNS AN D CITIES -- ZONING ORDINANCES
333332 ***
334333 This act would provide that the maximum number of unrelated persons living together that 1
335334 could be designated by a local zoning ordinance as constituting an individual household could not 2
336335 be less than one person per bedroom. 3
337336 This act would take effect upon passage. 4
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339338 LC003043/SUB A
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340+