Rhode Island 2025 Regular Session

Rhode Island House Bill H5796 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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2	2
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5		-	2025 -- H 5796 ~~AS AMENDED~~
	5	+	2025 -- H 5796
6	6		========
7	7		LC002156
8	8		========
9	9		S T A T E O F R H O D E I S L A N D
10	10		IN GENERAL ASSEMBLY
11	11		JANUARY SESSION, A.D. 2025
12	12		____________
13	13
14	14		A N A C T
15	15		RELATING TO TOWNS AN D CITIES -- ZONING ORDINANCES
16		-	Introduced By: Representatives Knight, Tanzi, Casey, Speakman, Cotter, Dawson,
17		-	Stewart, Finkelman, Hull, and Ajello
	16	+	Introduced By: Representative Jason Knight
18	17		Date Introduced: February 27, 2025
19	18		Referred To: House Municipal Government & Housing
20	19
21	20
22	21		It is enacted by the General Assembly as follows:
23	22		SECTION 1. Section 45-24-33 of the General Laws in Chapter 45-24 entitled "Zoning 1
24	23		Ordinances" is hereby amended to read as follows: 2
25	24		45-24-33. Standard provisions. 3
26	25		(a) A zoning ordinance shall address each of the purposes stated in § 45-24-30 and shall 4
27	26		address, through reasonable objective standards and criteria, the following general provisions 5
28	27		which are numbered for reference purposes only except as prohibited by § 45-24-30(b), § 45-24-6
29	28		30(c), or § 45-24-30(d): 7
30	29		(1) Permitting, prohibiting, limiting, and restricting the development of land and structures 8
31	30		in zoning districts, and regulating those land and structures according to their type and the nature 9
32	31		and extent of their use; 10
33	32		(2) Regulating the nature and extent of the use of land for residential, commercial, 11
34	33		industrial, institutional, recreational, agricultural, open space, or other use or combination of uses, 12
35	34		as the need for land for those purposes is determined by the city or town’s comprehensive plan; 13
36	35		(3) Permitting, prohibiting, limiting, and restricting buildings, structures, land uses, and 14
37	36		other development by performance standards, or other requirements, related to air and water and 15
38	37		groundwater quality, noise and glare, energy consumption, soil erosion and sedimentation, and/or 16
39	38		the availability and capacity of existing and planned public or private services; 17
40	39		(4) Regulating within each district and designating requirements for: 18
41	40		(i) The height, number of stories, and size of buildings; 19
42	41
43	42
44	43		LC002156 - Page 2 of 5
45	44		(ii) The dimensions, size, lot coverage, layout of lots or development areas and floor area 1
46	45		ratios provided that zoning ordinances must exclude any portion of a basement as defined in § 45-2
47	46		24.3-5 from the calculation of floor area ratio; 3
48	47		(iii) The density and intensity of use; 4
49	48		(iv) Access to air and light, views, and solar access; 5
50	49		(v) Open space, yards, courts, and buffers; 6
51	50		(vi) Parking areas, road design, and, where appropriate, pedestrian, bicycle, and other 7
52	51		circulator systems; 8
53	52		(vii) Landscaping, fencing, and lighting; 9
54	53		(viii) Appropriate drainage requirements and methods to manage stormwater runoff; 10
55	54		(ix) Public access to waterbodies, rivers, and streams; and 11
56	55		(x) Other requirements in connection with any use of land or structure; 12
57	56		(5) Permitting, prohibiting, limiting, and restricting development in flood plains or flood 13
58	57		hazard areas and designated significant natural areas; 14
59	58		(6) Promoting the conservation of energy and promoting energy-efficient patterns of 15
60	59		development; 16
61	60		(7) Providing for the protection of existing and planned public drinking water supplies, 17
62	61		their tributaries and watersheds, and the protection of Narragansett Bay, its tributaries and 18
63	62		watershed; 19
64	63		(8) Providing for adequate, safe, and efficient transportation systems; and avoiding 20
65	64		congestion by relating types and levels of development to the capacity of the circulation system, 21
66	65		and maintaining a safe level of service of the system; 22
67	66		(9) Providing for the preservation and enhancement of the recreational resources of the city 23
68	67		or town; 24
69	68		(10) Promoting an economic climate that increases quality job opportunities and the overall 25
70	69		economic well-being of the city or town and the state; 26
71	70		(11) Providing for pedestrian access to and between public and private facilities, including, 27
72	71		but not limited to, schools, employment centers, shopping areas, recreation areas, and residences; 28
73	72		(12) Providing standards for, and requiring the provision of, adequate and properly 29
74	73		designed physical improvements, including plantings, and the proper maintenance of property; 30
75	74		(13) Permitting, prohibiting, limiting, and restricting land use in areas where development 31
76	75		is deemed to create a hazard to the public health or safety; 32
77	76		(14) Permitting, prohibiting, limiting, and restricting extractive industries and earth 33
78	77		removal and requiring restoration of land after these activities; 34
79	78
80	79
81	80		LC002156 - Page 3 of 5
82	81		(15) Regulating sanitary landfill, except as otherwise provided by state statute; 1
83	82		(16) Permitting, prohibiting, limiting, and restricting signs and billboards and other outdoor 2
84	83		advertising devices; 3
85	84		(17) Designating airport hazard areas under the provisions of chapter 3 of title 1, and 4
86	85		enforcement of airport hazard area zoning regulations under the provisions established in that 5
87	86		chapter; 6
88	87		(18) Designating areas of historic, cultural, and/or archaeological value and regulating 7
89	88		development in those areas under the provisions of chapter 24.1 of this title; 8
90	89		(19) Providing standards and requirements for the regulation, review, and approval of any 9
91	90		proposed development in connection with those uses of land, buildings, or structures specifically 10
92	91		designated as subject to development plan review in a zoning ordinance; 11
93	92		(20) Designating special protection areas for water supply and limiting or prohibiting 12
94	93		development in these areas, except as otherwise provided by state statute; 13
95	94		(21) Specifying requirements for safe road access to developments from existing streets, 14
96	95		including limiting the number, design, and location of curb cuts, and provisions for internal 15
97	96		circulation systems for new developments, and provisions for pedestrian and bicycle ways; 16
98	97		(22) Reducing unnecessary delay in approving or disapproving development applications 17
99	98		through provisions for preapplication conferences and other means; 18
100	99		(23) Providing for the application of the Rhode Island Fair Housing Practices Act, chapter 19
101	100		37 of title 34, the United States Fair Housing Amendments Act of 1988 (FHAA); the Rhode Island 20
102	101		Civil Rights of People with Disabilities Act, chapter 87 of title 42; and the Americans with 21
103	102		Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.; and 22
104	103		(24) Regulating drive-through windows of varied intensity of use when associated with 23
105	104		land-use activities and providing standards and requirements for the regulation, review, and 24
106	105		approval of the drive-through windows, including, but not limited to: 25
107	106		(i) Identifying within which zoning districts drive-through windows may be permitted, 26
108	107		prohibited, or permitted by special-use permit; 27
109	108		(ii) Specifying requirements for adequate traffic circulation; and 28
110	109		(iii) Providing for adequate pedestrian safety and access, including issues concerning safety 29
111	110		and access for those with disabilities.; and 30
112	111		(25) Providing for residential use options that are not limited to single family detached 31
113		-	structures, in areas ~~which have available public water and sewer capacity in municipalities in~~ which 32
114		-	~~at least part of~~ the ~~area is located within the urban services boundary which is identified on Rhode~~ 33
115		-	~~Island statewide planning program's future land use map tools~~ and ~~on the Rhode Island geographic~~ 34
	112	+	structures, in areas located within the urban services boundary which is identified on Rhode Island 32
	113	+	statewide planning program's future land use map tools and on the Rhode Island geographic 33
	114	+	information system, and which have available public water and sewer capacity. 34
116	115
117	116
118	117		LC002156 - Page 4 of 5
119		-	information system. 1
120		-	(b) A zoning ordinance may include special provisions for any or all of the following: 2
121		-	(1) Authorizing development incentives, including, but not limited to, additional permitted 3
122		-	uses, increased development and density, or additional design or dimensional flexibility in 4
123		-	exchange for: 5
124		-	(i) Increased open space; 6
125		-	(ii) Increased housing choices; 7
126		-	(iii) Traffic and pedestrian improvements; 8
127		-	(iv) Public and/or private facilities; and/or 9
128		-	(v) Other amenities as desired by the city or town and consistent with its comprehensive 10
129		-	plan. The provisions in the ordinance shall include maximum allowable densities of population 11
130		-	and/or intensities of use and shall indicate the type of improvements, amenities, and/or conditions. 12
131		-	Conditions may be made for donation in lieu of direct provisions for improvements or amenities; 13
132		-	(2) Establishing a system for transfer of development rights within or between zoning 14
133		-	districts designated in the zoning ordinance; and 15
134		-	(3) Regulating the development adjacent to designated scenic highways, scenic waterways, 16
135		-	major thoroughfares, public greenspaces, or other areas of special public investment or valuable 17
136		-	natural resources. 18
137		-	(c) Slope of land shall not be excluded from the calculation of the buildable lot area or the 19
138		-	minimum lot size, or in the calculation of the number of buildable lots or units. 20
139		-	(d) Nothing in this section shall be construed to restrict a municipality’s right, within state 21
140		-	and local regulations, to establish its own minimum lot size per zoning district in its town or city. 22
141		-	SECTION 2. This act shall take effect on January 1, 2026. 23
	118	+	(b) A zoning ordinance may include special provisions for any or all of the following: 1
	119	+	(1) Authorizing development incentives, including, but not limited to, additional permitted 2
	120	+	uses, increased development and density, or additional design or dimensional flexibility in 3
	121	+	exchange for: 4
	122	+	(i) Increased open space; 5
	123	+	(ii) Increased housing choices; 6
	124	+	(iii) Traffic and pedestrian improvements; 7
	125	+	(iv) Public and/or private facilities; and/or 8
	126	+	(v) Other amenities as desired by the city or town and consistent with its comprehensive 9
	127	+	plan. The provisions in the ordinance shall include maximum allowable densities of population 10
	128	+	and/or intensities of use and shall indicate the type of improvements, amenities, and/or conditions. 11
	129	+	Conditions may be made for donation in lieu of direct provisions for improvements or amenities; 12
	130	+	(2) Establishing a system for transfer of development rights within or between zoning 13
	131	+	districts designated in the zoning ordinance; and 14
	132	+	(3) Regulating the development adjacent to designated scenic highways, scenic waterways, 15
	133	+	major thoroughfares, public greenspaces, or other areas of special public investment or valuable 16
	134	+	natural resources. 17
	135	+	(c) Slope of land shall not be excluded from the calculation of the buildable lot area or the 18
	136	+	minimum lot size, or in the calculation of the number of buildable lots or units. 19
	137	+	(d) Nothing in this section shall be construed to restrict a municipality’s right, within state 20
	138	+	and local regulations, to establish its own minimum lot size per zoning district in its town or city. 21
	139	+	SECTION 2. This act shall take effect on January 1, 2026. 22
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143	141		LC002156
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145	143
146	144
147	145		LC002156 - Page 5 of 5
148	146		EXPLANATION
149	147		BY THE LEGISLATIVE COUNCIL
150	148		OF
151	149		A N A C T
152	150		RELATING TO TOWNS AN D CITIES -- ZONING ORDINANCES
153	151		***
154	152		This act would add an additional purpose to the standard provisions list that a zoning 1
155	153		ordinance is required to address. 2
156	154		This act would take effect on January 1, 2026. 3
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158	156		LC002156
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