Rhode Island 2025 Regular Session

Rhode Island House Bill H5799 Compare Versions

Version 1 (Old)

Version 2 (New)

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5		-	2025 -- H 5799 ~~SUBSTITUTE A~~
	5	+	2025 -- H 5799
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7		-	LC002159~~/SUB A~~
	7	+	LC002159
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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 -- SUBDIVISION OF LAND
16		-	Introduced By: Representatives Cruz, Shekarchi, Potter, Kislak, Stewart, Cotter,
17		-	Solomon, Slater, Casimiro, and Alzate
	16	+	Introduced By: Representative Cherie L. Cruz
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 45-23-32 of the General Laws in Chapter 45-23 entitled "Subdivision 1
24	23		of Land" is hereby amended to read as follows: 2
25	24		45-23-32. Definitions. 3
26	25		Where words or phrases used in this chapter are defined in the definitions section of either 4
27	26		the Rhode Island Comprehensive Planning and Land Use Regulation Act, § 45-22.2-4, or the Rhode 5
28	27		Island Zoning Enabling Act of 1991, § 45-24-31, they have the meanings stated in those acts. 6
29	28		Additional words and phrases may be defined in local ordinances, regulations, and rules under this 7
30	29		act in a manner that does not conflict or alter the terms or mandates in this act, the Rhode Island 8
31	30		Comprehensive Planning and Land Use Regulation Act § 45-22.2-4, and the Rhode Island Zoning 9
32	31		Enabling Act of 1991. The words and phrases defined in this section, however, shall be controlling 10
33	32		in all local ordinances, regulations, and rules created under this chapter. In addition, the following 11
34	33		words and phrases have the following meanings: 12
35	34		(1) Administrative officer. The municipal official(s) designated by the local regulations 13
36	35		to administer the land development and subdivision regulations to review and approve qualified 14
37	36		applications and/or coordinate with local boards and commissions, municipal staff, and state 15
38	37		agencies as set forth herein. The administrative officer may be a member, or the chair, of the 16
39	38		planning board, an employee of the municipal planning or zoning departments, or an appointed 17
40	39		official of the municipality. See § 45-23-55. 18
41	40		(2) Board of appeal. The local review authority for appeals of actions of the administrative 19
42	41
43	42
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	43	+	LC002159 - Page 2 of 12
45	44		officer, which shall be the local zoning board of review constituted as the board of appeal. See § 1
46	45		45-23-57. 2
47	46		(3) Bond. See improvement guarantee. 3
48	47		(4) Buildable lot. A lot where construction for the use(s) permitted on the site under the 4
49	48		local zoning ordinance is considered practicable by the planning board, considering the physical 5
50	49		constraints to development of the site as well as the requirements of the pertinent federal, state, and 6
51	50		local regulations. See § 45-23-60(a)(4). 7
52	51		(5) Certificate of completeness. A notice issued by the administrative officer informing 8
53	52		an applicant that the application is complete and meets the requirements of the municipality’s 9
54	53		regulations, and that the applicant may proceed with the review process. 10
55	54		(6) Concept plan. A drawing with accompanying information showing the basic elements 11
56	55		of a proposed land development plan or subdivision as used for pre-application meetings and early 12
57	56		discussions, and classification of the project within the approval process. 13
58	57		(7) Consistency with the comprehensive plan. A requirement of all local land use 14
59	58		regulations which means that all these regulations and subsequent actions are in accordance with 15
60	59		the public policies arrived at through detailed study and analysis and adopted by the municipality 16
61	60		as the comprehensive community plan as specified in § 45-22.2-3. 17
62	61		(8) Dedication, fee-in-lieu-of. Payments of cash that are authorized in the local regulations 18
63	62		when requirements for mandatory dedication of land are not met because of physical conditions of 19
64	63		the site or other reasons. The conditions under which the payments will be allowed and all formulas 20
65	64		for calculating the amount shall be specified in advance in the local regulations. See § 45-23-47. 21
66	65		(9) Development plan review. Design or site plan review of a development of a permitted 22
67	66		use. A municipality may utilize development plan review under limited circumstances to encourage 23
68	67		development to comply with design and/or performance standards of the community under specific 24
69	68		and objective guidelines, for the following categories of developments: 25
70	69		(i) A change in use at the property where no extensive construction of improvements is 26
71	70		sought; 27
72	71		(ii) An adaptive reuse project located in a commercial zone where no extensive exterior 28
73	72		construction of improvements is sought; 29
74	73		(iii) An adaptive reuse project located in a residential zone that results in less than nine (9) 30
75	74		residential units; 31
76	75		(iv) Development in a designated urban or growth center; or 32
77	76		(v) Institutional development for educational or hospital facilities. 33
78	77		(vi) [Deleted by P.L. 2024, ch. 292, § 1 and P.L. 2024, ch. 293, § 1.] 34
79	78
80	79
81		-	LC002159~~/SUB A~~ - Page 3 of 12
	80	+	LC002159 - Page 3 of 12
82	81		(10) Development regulation. Zoning, subdivision, land development plan, development 1
83	82		plan review, historic district, official map, flood plain regulation, soil erosion control, or any other 2
84	83		governmental regulation of the use and development of land. 3
85	84		(11) Division of land. A subdivision. 4
86	85		(12) Environmental constraints. Natural features, resources, or land characteristics that 5
87	86		are sensitive to change and may require conservation measures or the application of special 6
88	87		development techniques to prevent degradation of the site, or may require limited development, or 7
89	88		in certain instances, may preclude development. See also physical constraints to development. 8
90	89		(13) Final plan. The final stage of land development and subdivision review or a formal 9
91	90		development plan review application. See §§ 45-23-38, 45-23-39, and 45-23-50. 10
92	91		(14) Final plat. The final drawing(s) of all or a portion of a subdivision to be recorded after 11
93	92		approval by the planning board and any accompanying material as described in the community’s 12
94	93		regulations and/or required by the planning board. 13
95	94		(15) Floor area, gross. See R.I. State Building Code. 14
96	95		(16) Governing body. The body of the local government, generally the city or town 15
97	96		council, having the power to adopt ordinances, accept public dedications, release public 16
98	97		improvement guarantees, and collect fees. 17
99	98		(17) Improvement. Any natural or built item that becomes part of, is placed upon, or is 18
100	99		affixed to, real estate. 19
101	100		(18) Improvement guarantee. A security instrument accepted by a municipality to ensure 20
102	101		that all improvements, facilities, or work required by the land development and subdivision 21
103	102		regulations, or required by the municipality as a condition of approval, will be completed in 22
104	103		compliance with the approved plans and specifications of a development. See § 45-23-46. 23
105	104		(19) Land development project. A project in which one or more lots, tracts, or parcels of 24
106	105		land or a portion thereof are developed or redeveloped as a coordinated site for one or more uses, 25
107	106		units, or structures, including but not limited to, planned development or cluster development for 26
108	107		residential, commercial, institutional, recreational, open space, or mixed uses. The local regulations 27
109	108		shall include all requirements, procedures, and standards necessary for proper review and approval 28
110	109		of land development projects to ensure consistency with this chapter and the Rhode Island zoning 29
111	110		enabling act. 30
112	111		(i) Minor land development project. A land development project involving any one of 31
113	112		the following categories which has not otherwise been specifically designated by local ordinance 32
114	113		as development plan review: 33
115	114		(A) Seven thousand five hundred (7,500) gross square feet of floor area of new commercial, 34
116	115
117	116
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	117	+	LC002159 - Page 4 of 12
119	118		manufacturing, or industrial development, or less; or 1
120	119		(B) An expansion of up to fifty percent (50%) of existing floor area or up to ten thousand 2
121	120		(10,000) square feet for commercial, manufacturing, or industrial structures; or 3
122	121		(C) Mixed-use development consisting of up to six (6) dwelling units and two thousand 4
123	122		five hundred (2,500) gross square feet of commercial space or less; or 5
124	123		(D) Multi-family residential or residential condominium development of nine (9) units or 6
125	124		less; or 7
126	125		(E) Change in use at the property where no extensive construction of improvements is 8
127	126		sought; or 9
128	127		(F) An adaptive reuse project of up to twenty-five thousand (25,000) square feet of gross 10
129	128		floor area located in a commercial zone where no extensive exterior construction of improvements 11
130	129		is sought; or 12
131	130		(G) An adaptive reuse project located in a residential zone that results in less than nine (9) 13
132	131		residential units; 14
133	132		A community can increase but not decrease the thresholds for minor land development set 15
134	133		forth above if specifically set forth in the local ordinance and/or regulations. The process by which 16
135	134		minor land development projects are reviewed by the local planning board, commission, technical 17
136	135		review committee, and/or administrative officer is set forth in § 45-23-38. 18
137	136		(ii) Major land development project. A land development project that exceeds the 19
138	137		thresholds for a minor land development project as set forth in this section and local ordinance or 20
139	138		regulation. The process by which major land development projects are reviewed by the local 21
140	139		planning board, commission, technical review committee, or administrative officer is set forth in § 22
141	140		45-23-39. 23
142	141		(20) Local regulations. The land development and subdivision review regulations adopted 24
143	142		under the provisions of this act. For purposes of clarification, throughout this act, where reference 25
144	143		is made to local regulations, it is to be understood as the land development and subdivision review 26
145	144		regulations and all related ordinances and rules properly adopted pursuant to this chapter. 27
146	145		(21) Maintenance guarantee. Any security instrument that may be required and accepted 28
147	146		by a municipality to ensure that necessary improvements will function as required for a specific 29
148	147		period of time. See improvement guarantee. 30
149	148		(22) Master plan. An overall plan for a proposed project site outlining general, rather than 31
150	149		detailed, development intentions. It describes the basic parameters of a major development 32
151	150		proposal, rather than giving full engineering details. Required in major land development or major 33
152	151		subdivision review only. It is the first formal review step of the major land development or major 34
153	152
154	153
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	154	+	LC002159 - Page 5 of 12
156	155		subdivision process and the step in the process in which the public hearing is held. See § 45-23-39. 1
157	156		(23) Modification of requirements. See § 45-23-62. 2
158	157		(24) Parcel. A lot, or contiguous group of lots in single ownership or under single control, 3
159	158		and usually considered a unit for purposes of development. Also referred to as a tract. 4
160	159		(25) Parking area or lot. All that portion of a development that is used by vehicles, the 5
161	160		total area used for vehicular access, circulation, parking, loading, and unloading. 6
162	161		(26) Permitting authority. The local agency of government, meaning any board, 7
163	162		commission, or administrative officer specifically empowered by state enabling law and local 8
164	163		regulation or ordinance to hear and decide on specific matters pertaining to local land use. 9
165	164		(27) Phased development. Development, usually for large-scale projects, where 10
166	165		construction of public and/or private improvements proceeds by sections subsequent to approval 11
167	166		of a master plan for the entire site. See § 45-23-48. 12
168	167		(28) Physical constraints to development. Characteristics of a site or area, either natural 13
169	168		or man-made, which present significant difficulties to construction of the uses permitted on that 14
170	169		site, or would require extraordinary construction methods. See also environmental constraints. 15
171	170		(29) Planning board. The official planning agency of a municipality, whether designated 16
172	171		as the plan commission, planning commission, plan board, or as otherwise known. 17
173	172		(30) Plat. A drawing or drawings of a land development or subdivision plan showing the 18
174	173		location, boundaries, and lot lines of individual properties, as well as other necessary information 19
175	174		as specified in the local regulations. 20
176	175		(31) Pre-application conference. An initial meeting between developers and municipal 21
177	176		representatives that affords developers the opportunity to present their proposals informally and to 22
178	177		receive comments and directions from the municipal officials and others. See § 45-23-35. 23
179	178		(32) Preliminary plan. A required stage of land development and subdivision review that 24
180	179		generally requires detailed engineered drawings. See § 45-23-39. 25
181	180		(33) Public hearing. A hearing before the planning board that is duly noticed in accordance 26
182	181		with § 45-23-42 and that allows public comment. A public hearing is not required for an application 27
183	182		or stage of approval unless otherwise stated in this chapter. 28
184	183		(34) Public improvement. Any street or other roadway, sidewalk, pedestrian way, tree, 29
185	184		lawn, off-street parking area, drainage feature, or other facility for which the local government or 30
186	185		other governmental entity either is presently responsible, or will ultimately assume the 31
187	186		responsibility for maintenance and operation upon municipal acceptance. 32
188	187		(35) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface 33
189	188		of the ground. 34
190	189
191	190
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	191	+	LC002159 - Page 6 of 12
193	192		(36) Storm water detention. A provision for storage of storm water runoff and the 1
194	193		controlled release of the runoff during and after a flood or storm. 2
195	194		(37) Storm water retention. A provision for storage of storm water runoff. 3
196	195		(38) Street. A public or private thoroughfare used, or intended to be used, for passage or 4
197	196		travel by motor vehicles. Streets are further classified by the functions they perform. See street 5
198	197		classification. 6
199	198		(39) Street, access to. An adequate and permanent way of entering a lot. All lots of record 7
200	199		shall have access to a public street for all vehicles normally associated with the uses permitted for 8
201	200		that lot. 9
202	201		(40) Street, alley. A public or private thoroughfare primarily designed to serve as 10
203	202		secondary access to the side or rear of those properties whose principal frontage is on some other 11
204	203		street. 12
205	204		(41) Street, cul-de-sac. A local street with only one outlet and having an appropriate 13
206	205		vehicular turnaround, either temporary or permanent, at the closed end. 14
207	206		(42) Street, limited access highway. A freeway or expressway providing for through 15
208	207		traffic. Owners or occupants of abutting property on lands and other persons have no legal right to 16
209	208		access, except at the points and in the manner as may be determined by the public authority having 17
210	209		jurisdiction over the highway. 18
211	210		(43) Street, private. A thoroughfare established as a separate tract for the benefit of 19
212	211		multiple, adjacent properties and meeting specific, municipal improvement standards. This 20
213	212		definition does not apply to driveways. 21
214	213		(44) Street, public. All public property reserved or dedicated for street traffic. 22
215	214		(45) Street, stub. A portion of a street reserved to provide access to future development, 23
216	215		which may provide for utility connections. 24
217	216		(46) Street classification. A method of roadway organization that identifies a street 25
218	217		hierarchy according to function within a road system, that is, types of vehicles served and 26
219	218		anticipated volumes, for the purposes of promoting safety, efficient land use, and the design 27
220	219		character of neighborhoods and districts. Local classifications use the following as major 28
221	220		categories: 29
222	221		(i) Arterial. A major street that serves as an avenue for the circulation of traffic into, out 30
223	222		of, or around the municipality and carries high volumes of traffic. 31
224	223		(ii) Collector. A street whose principal function is to carry traffic between local streets and 32
225	224		arterial streets but that may also provide direct access to abutting properties. 33
226	225		(iii) Local. Streets whose primary function is to provide access to abutting properties. 34
227	226
228	227
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	228	+	LC002159 - Page 7 of 12
230	229		(47) Subdivider. Any person who: (i) Having an interest in land, causes it, directly or 1
231	230		indirectly, to be divided into a subdivision; or who (ii) Directly or indirectly sells, leases, or 2
232	231		develops, or offers to sell, lease, or develop, or advertises to sell, lease, or develop, any interest, 3
233	232		lot, parcel, site, unit, or plat in a subdivision; or who (iii) Engages directly or through an agent in 4
234	233		the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision 5
235	234		or any interest, lot, parcel, site, unit, or plat in a subdivision. 6
236	235		(48) Subdivision. The division of a lot, tract, or parcel of land into two or more lots, tracts, 7
237	236		or parcels or any adjustment to existing lot lines is considered a subdivision. 8
238	237		(i) Administrative subdivision. Subdivision of existing lots that yields no additional lots 9
239	238		for development, and involves no creation or extension of streets. This subdivision only involves 10
240	239		division, mergers, mergers and division, or adjustments of boundaries of existing lots. The process 11
241	240		by which an administrative officer or municipal planning board or commission reviews any 12
242	241		subdivision qualifying for this review is set forth in § 45-23-37. 13
243	242		(ii) Minor subdivision. A subdivision creating nine (9) or fewer buildable lots. The process 14
244	243		by which a municipal planning board, commission, technical review committee, and/or 15
245	244		administrative officer reviews a minor subdivision is set forth in § 45-23-38. Minor subdivisions 16
246	245		shall include oversized lot subdivisions. 17
247		-	Oversized lot ~~subdivision~~. ~~Subdivision~~ of an existing ~~lot~~, including ~~a lot~~ which ~~was~~ legally 18
	246	+	Oversized lot subdivisions. Subdivisions of existing lots, including lots which were legally 18
248	247		merged or replatted, which result in the creation of a vacant lot or lots for residential use which are 19
249	248		equal to or greater in lot area than the area of fifty percent (50%) of the residential lots within two 20
250		-	hundred feet (200′) of the lot ~~proposed for subdivision~~, as confirmed by a ~~registered professional~~ 21
251		-	~~engineer, surveyor or certified planner based on city~~ or town records including geographic 22
252		-	~~information system and/or tax assessor data. A lot, qualifying~~ for this type of subdivision shall be 23
253		-	~~allowed to subdivide even if the resulting lots fail to meet~~ minimum lot size requirements of the 24
254		-	~~district in which such lot is located, subject to~~ the ~~applicable~~ requirements in § 45-24-38. The 25
255		-	~~resulting subdivided lots shall have the benefit of reduced requirements as~~ set forth in § 45-24-~~38,~~ 26
256		-	~~and/~~or ~~are eligible for~~ the ~~processes set forth in § 45-24-46, as applicable.~~ 27
257		-	~~(iii) Major subdivision.~~ A ~~subdivision creating ten (10)~~ or ~~more buildable lots.~~ ~~The~~ 28
258		-	~~process by which a municipal planning board or commission reviews any subdivision qualifying~~ 29
259		-	~~for this~~ review ~~under § 45-23-39.~~ 30
260		-	~~(49) Technical review committee. A committee or committees appointed by~~ the 31
261		-	~~municipality for~~ the ~~purpose of reviewing~~, ~~commenting, approving,~~ ~~and/or making~~ 32
262		-	~~recommendations to the planning board or administrative officer,~~ ~~as set forth in this chapter.~~ 33
263		-	~~(50) Temporary improvement.~~ ~~Improvements built~~ and ~~maintained by a developer during~~ 34
	249	+	hundred feet (200′) of the subject lot, as confirmed by a surveyor or certified planner based on city 21
	250	+	or town records including geographic information system and/or tax assessor data. Lots, qualifying 22
	251	+	for this type of subdivision shall be allowed to subdivide even if the resulting lot or lots fail to meet 23
	252	+	minimum lot size requirements of the district in which such lot is located. Such subdivisions shall 24
	253	+	have the benefit of reduced requirements as set forth in § 45-24-38, and/or are eligible for the 25
	254	+	processes set forth in § 45-24-46. 26
	255	+	(iii) Major subdivision. A subdivision creating ten (10) or more buildable lots. The 27
	256	+	process by which a municipal planning board or commission reviews any subdivision qualifying 28
	257	+	for this review under § 45-23-39. 29
	258	+	(49) Technical review committee. A committee or committees appointed by the 30
	259	+	municipality for the purpose of reviewing, commenting, approving, and/or making 31
	260	+	recommendations to the planning board or administrative officer, as set forth in this chapter. 32
	261	+	(50) Temporary improvement. Improvements built and maintained by a developer during 33
	262	+	construction of a development project and prior to release of the improvement guarantee, but not 34
264	263
265	264
266		-	LC002159~~/SUB A~~ - Page 8 of 12
267		-	~~construction of a development project and prior~~ to ~~release of the improvement guarantee, but not~~ 1
268		-	~~intended~~ to ~~be permanent.~~ 2
269		-	~~(51) Vested rights.~~ The ~~right to initiate or continue~~ the ~~development~~ of ~~an approved project~~ 3
270		-	~~for a specified period of time~~, ~~under~~ the regulations ~~that were in effect at~~ the ~~time~~ of ~~approval, even~~ 4
271		-	~~if, after the approval, the regulations change prior to the completion~~ of ~~the project~~. 5
272		-	~~(52) Waiver~~ of ~~requirements. See §~~ 45-~~23-62.~~ 6
273		-	~~SECTION 2.~~ ~~Sections 45-24-38 and 45-24-46 of the General Laws in Chapter 45-24~~ 7
274		-	~~entitled "Zoning~~ ~~Ordinances" are hereby amended to read as follows:~~ 8
275		-	~~45-24-38. General provisions — Substandard lots of record.~~ 9
276		-	~~(a)~~ Any ~~city~~ or ~~town adopting or amending a zoning ordinance under this chapter shall~~ 10
277		-	~~regulate~~ the ~~development of any single substandard lot of record or contiguous lots of record at the~~ 11
278		-	~~effective date~~ of ~~adoption~~ or ~~amendment of~~ the ~~zoning ordinance.~~ 12
279		-	~~(b) Notwithstanding the failure of that lot or those lots to meet the dimensional~~ and/or 13
280		-	~~quantitative requirements,~~ ~~and/or road frontage or other access requirements, applicable~~ in the 14
281		-	district ~~as stated~~ in ~~the ordinance, a substandard lot of record shall not be required to seek any~~ 15
282		-	~~zoning relief based solely~~ on ~~the failure to meet minimum~~ lot ~~size requirements~~ of ~~the district in~~ 16
283		-	~~which such lot is located.~~ ~~For any structure proposed under this section on a substandard lot of~~ 17
284		-	~~record~~, ~~the following dimensional regulations shall apply:~~ 18
285		-	~~(1) Minimum~~ building ~~setbacks~~, lot frontage, and lot width ~~requirements for a lot that is~~ 19
286		-	~~nonconforming~~ in ~~area shall~~ be ~~reduced by applying the building setback, lot frontage, and lot width~~ 20
287		-	~~requirements from another~~ zoning district in ~~the municipality in which the subject lot would be~~ 21
288		-	~~conforming as to~~ lot ~~area. If~~ the ~~subject lot is not conforming as to lot area in any zoning district in~~ 22
289		-	~~the municipality,~~ the ~~setbacks,~~ lot ~~frontage, and~~ lot ~~width shall be reduced by~~ the ~~same proportion~~ 23
290		-	~~that the area~~ of ~~such substandard lot meets~~ the ~~minimum~~ lot area of ~~the district in which the~~ lot is 24
291		-	~~located. By way of example, if the~~ lot area ~~of a substandard~~ lot ~~only meets forty percent (40%) of~~ 25
292		-	~~the minimum~~ lot ~~area required in~~ the ~~district in which it is located, the setbacks, lot frontage, and~~ 26
293		-	~~lot width shall each be reduced to forty percent (40%) of~~ the ~~requirements for those dimensional~~ 27
294		-	~~standards~~ in ~~the same district.~~ 28
295		-	~~(2) Maximum~~ lot ~~building coverage for lots that are nonconforming in~~ area ~~shall be~~ 29
296		-	~~increased~~ by the ~~inverse proportion that the~~ area of ~~such substandard lot meets the minimum area~~ 30
297		-	~~requirements in~~ the ~~district in which the lot is located. By way of example, if the~~ lot area ~~of a~~ 31
298		-	~~substandard lot only meets forty~~ percent (40%) ~~of the required minimum lot area,~~ the maximum lot 32
299		-	building coverage ~~is allowed to increase by sixty percent (60%) over the maximum permitted lot~~ 33
300		-	~~building coverage in that district.~~ 34
	265	+	LC002159 - Page 8 of 12
	266	+	intended to be permanent. 1
	267	+	(51) Vested rights. The right to initiate or continue the development of an approved project 2
	268	+	for a specified period of time, under the regulations that were in effect at the time of approval, even 3
	269	+	if, after the approval, the regulations change prior to the completion of the project. 4
	270	+	(52) Waiver of requirements. See § 45-23-62. 5
	271	+	SECTION 2. Sections 45-24-38 and 45-24-46 of the General Laws in Chapter 45-24 6
	272	+	entitled "Zoning Ordinances" are hereby amended to read as follows: 7
	273	+	45-24-38. General provisions — Substandard lots of record. 8
	274	+	(a) Any city or town adopting or amending a zoning ordinance under this chapter shall 9
	275	+	regulate the development of any single substandard lot of record or contiguous lots of record at the 10
	276	+	effective date of adoption or amendment of the zoning ordinance. 11
	277	+	(b) Notwithstanding the failure of that lot or those lots to meet the dimensional and/or 12
	278	+	quantitative requirements, and/or road frontage or other access requirements, applicable in the 13
	279	+	district as stated in the ordinance, a substandard lot of record shall not be required to seek any 14
	280	+	zoning relief based solely on the failure to meet minimum lot size requirements of the district in 15
	281	+	which such lot is located. For any structure proposed under this section on a substandard lot of 16
	282	+	record, the following dimensional regulations shall apply: 17
	283	+	(1) Minimum building setbacks, lot frontage, and lot width requirements for a lot that is 18
	284	+	nonconforming in area shall be reduced by applying the building setback, lot frontage, and lot width 19
	285	+	requirements from another zoning district in the municipality in which the subject lot would be 20
	286	+	conforming as to lot area. If the subject lot is not conforming as to lot area in any zoning district in 21
	287	+	the municipality, the setbacks, lot frontage, and lot width shall be reduced by the same proportion 22
	288	+	that the area of such substandard lot meets the minimum lot area of the district in which the lot is 23
	289	+	located. By way of example, if the lot area of a substandard lot only meets forty percent (40%) of 24
	290	+	the minimum lot area required in the district in which it is located, the setbacks, lot frontage, and 25
	291	+	lot width shall each be reduced to forty percent (40%) of the requirements for those dimensional 26
	292	+	standards in the same district. 27
	293	+	(2) Maximum lot building coverage for lots that are nonconforming in area shall be 28
	294	+	increased by the inverse proportion that the area of such substandard lot meets the minimum area 29
	295	+	requirements in the district in which the lot is located. By way of example, if the lot area of a 30
	296	+	substandard lot only meets forty percent (40%) of the required minimum lot area, the maximum lot 31
	297	+	building coverage is allowed to increase by sixty percent (60%) over the maximum permitted lot 32
	298	+	building coverage in that district. 33
	299	+	All proposals exceeding such reduced requirement shall proceed with a modification 34
301	300
302	301
303		-	LC002159~~/SUB A~~ - Page 9 of 12
304		-	~~All proposals exceeding such reduced requirement shall proceed with~~ a ~~modification~~ 1
305		-	~~request under § 45-24-46 or a dimensional variance request under § 45-24-41, whichever is~~ 2
306		-	~~applicable.~~ 3
307		-	~~(c) Provisions Except as set forth otherwise in this chapter~~ and ~~in chapter 23 of title 45,~~ 4
308		-	~~provisions may be made for~~ the ~~merger of contiguous unimproved,~~ or ~~improved and unimproved,~~ 5
309		-	~~substandard lots~~ of ~~record in~~ the ~~same ownership to create dimensionally conforming lots or to~~ 6
310		-	~~reduce~~ the ~~extent of dimensional nonconformance~~. The ~~ordinance~~ shall ~~specify~~ the ~~standards, on a~~ 7
311		-	~~district by district basis~~, ~~which determine~~ the ~~mergers.~~ The ~~standards shall include~~, ~~but are not to~~ 8
312		-	~~be limited to,~~ the ~~availability~~ of ~~infrastructure,~~ the ~~character~~ of ~~the neighborhood, and the~~ 9
313		-	~~consistency with~~ the ~~comprehensive plan.~~ The ~~merger of~~ lots ~~shall not be required when the~~ 10
314		-	~~substandard lot of record has an area equal to or greater than the area of fifty percent~~ (~~50%~~) of the 11
315		-	~~lots within two hundred feet (200′) of the subject lot, as confirmed by the zoning enforcement~~ 12
316		-	~~officer.~~ 13
317		-	~~45-24-46. Special provisions — Modification.~~ 14
318		-	~~(a)~~ A ~~zoning ordinance shall provide for~~ the ~~issuance of modifications from the literal~~ 15
319		-	~~dimensional requirements of~~ the zoning ordinance ~~in the instance of the construction, alteration, or~~ 16
320		-	~~structural modification~~ of ~~a structure or lot of record.~~ The zoning ~~enforcement officer is authorized~~ 17
321		-	~~to grant~~ modification ~~permits~~. ~~The zoning ordinance shall~~ permit ~~modifications that are fifteen~~ 18
322		-	~~percent~~ (~~15%~~) ~~or less~~ of the ~~dimensional requirements specified in~~ the zoning ~~ordinance but may~~ 19
323		-	~~permit~~ modification ~~up to twenty-five percent (25%). A modification does not permit moving of~~ 20
324		-	~~lot lines. Within ten (10) days of the receipt of a request for a modification, the zoning enforcement~~ 21
325		-	~~officer shall make a decision as to~~ the ~~suitability~~ of the ~~requested modification based on the~~ 22
326		-	~~following determinations:~~ 23
327		-	(1) The modification ~~requested~~ is ~~reasonably necessary for the full enjoyment of the~~ 24
328		-	~~permitted~~ use; 25
329		-	(2) If the modification ~~is granted~~, ~~neighboring property will neither be substantially injured~~ 26
330		-	~~nor its appropriate use substantially impaired~~; 27
331		-	(3) The modification requested does not ~~require a variance of a flood hazard requirement,~~ 28
332		-	~~unless the building is built in accordance with applicable regulations; and~~ 29
333		-	(4) The modification ~~requested does not violate any rules or regulations with respect to~~ 30
334		-	~~freshwater~~ or ~~coastal wetlands.~~ 31
335		-	~~(b) Upon an affirmative determination,~~ in the case of a modification of ~~five percent (5%)~~ 32
336		-	~~or less~~, the zoning enforcement officer shall ~~have the authority to issue a permit approving the~~ 33
337		-	~~modification, without any public notice requirements. In~~ the ~~case~~ of a modification ~~of greater than~~ 34
	302	+	LC002159 - Page 9 of 12
	303	+	request under § 45-24-46 or a dimensional variance request under § 45-24-41, whichever is 1
	304	+	applicable. 2
	305	+	(c) Provisions Except as set forth in this chapter and in chapter 23 of title 45, provisions 3
	306	+	may be made for the merger of contiguous unimproved, or improved and unimproved, substandard 4
	307	+	lots of record in the same ownership to create dimensionally conforming lots or to reduce the extent 5
	308	+	of dimensional nonconformance. The ordinance shall specify the standards, on a district by district 6
	309	+	basis, which determine the mergers. The standards shall include, but are not to be limited to, the 7
	310	+	availability of infrastructure, the character of the neighborhood, and the consistency with the 8
	311	+	comprehensive plan. The merger of lots shall not be required when the substandard lot of record 9
	312	+	has an area equal to or greater than the area of fifty percent (50%) of the lots within two hundred 10
	313	+	feet (200′) of the subject lot, as confirmed by the zoning enforcement officer. 11
	314	+	45-24-46. Special provisions — Modification. 12
	315	+	(a) A zoning ordinance shall provide for the issuance of modifications from the literal 13
	316	+	dimensional requirements of the zoning ordinance in the instance of the construction, alteration, or 14
	317	+	structural modification of a structure or lot of record. The zoning enforcement officer is authorized 15
	318	+	to grant modification permits. The zoning ordinance shall permit modifications that are fifteen 16
	319	+	percent (15%) or less of the dimensional requirements specified in the zoning ordinance but may 17
	320	+	permit modification up to twenty-five percent (25%). A modification does not permit moving of 18
	321	+	lot lines. Within ten (10) days of the receipt of a request for a modification, the zoning enforcement 19
	322	+	officer shall make a decision as to the suitability of the requested modification based on the 20
	323	+	following determinations: 21
	324	+	(1) The modification requested is reasonably necessary for the full enjoyment of the 22
	325	+	permitted use; 23
	326	+	(2) If the modification is granted, neighboring property will neither be substantially injured 24
	327	+	nor its appropriate use substantially impaired; 25
	328	+	(3) The modification requested does not require a variance of a flood hazard requirement, 26
	329	+	unless the building is built in accordance with applicable regulations; and 27
	330	+	(4) The modification requested does not violate any rules or regulations with respect to 28
	331	+	freshwater or coastal wetlands. 29
	332	+	(b) Upon an affirmative determination, in the case of a modification of five percent (5%) 30
	333	+	or less, the zoning enforcement officer shall have the authority to issue a permit approving the 31
	334	+	modification, without any public notice requirements. In the case of a modification of greater than 32
	335	+	five percent (5%), the zoning enforcement officer shall notify, by first class mail, all property 33
	336	+	owners abutting the property which is the subject of the modification request, and shall indicate the 34
338	337
339	338
340		-	LC002159/SUB A - Page 10 of 12
341		-	five percent (5%), the zoning enforcement officer shall notify, by first class mail, all property 1
342		-	owners abutting the property which is the subject of the modification request, and shall indicate the 2
343		-	street address of the subject property in the notice, and shall publish in a newspaper of local 3
344		-	circulation within the city or town that the modification will be granted unless written objection is 4
345		-	received within fourteen (14) days of the public notice. If written objection is received within 5
346		-	fourteen (14) days, the request for a modification shall be scheduled for the next available hearing 6
347		-	before the zoning board of review on application for a dimensional variance following the standard 7
348		-	procedures for such variances, including notice requirements provided for under this chapter. If no 8
349		-	written objections are received within fourteen (14) days, the zoning enforcement officer shall grant 9
350		-	the modification. The zoning enforcement officer may apply any special conditions to the permit 10
351		-	as may, in the opinion of the officer, be required to conform to the intent and purposes of the zoning 11
352		-	ordinance. The zoning enforcement officer shall keep public records of all requests for 12
353		-	modifications, and of findings, determinations, special conditions, and any objections received. 13
354		-	Costs of any notice required under this subsection shall be borne by the applicant requesting the 14
355		-	modification. 15
356		-	(c) Neighborhood character-based modifications (“NCBM”). The zoning enforcement 16
357		-	officer is authorized to grant NCBM on any parcel with a water and sewer connection, and for 17
358		-	purposes of residential use, from the literal dimensional requirements of the zoning ordinance in 18
359		-	the instance of the construction, alteration, creation or structural modification of a dwelling unit, 19
360		-	provided that: 20
361		-	(1) Such modifications shall only be granted for dimensional relief from setbacks, height, 21
362		-	frontage, lot coverage, lot size, lot width, and lot depth, up to the average dimensions of the 22
363		-	comparable existing built environment; 23
364		-	(2) The resulting lots are not less than three thousand square feet (3,000 ft
365		-	2
366		-	) in lot size each; 24
367		-	(3) The average dimensions of the comparable existing built environment shall be 25
368		-	calculated as follows: 26
369		-	(i) Comparable existing parcels shall mean all parcels that are: 27
370		-	(A) Within two hundred feet (200’) of the subject property; and 28
371		-	(B) In the same base zone; and 29
372		-	(C) Used for residential purposes. 30
373		-	(ii) The average dimensions shall be confirmed by a registered professional engineer, 31
374		-	surveyor or certified planner based on city or town records including geographic information 32
375		-	system and/or tax assessor data. 33
376		-	(iii) The average dimensions are to be determined without any additional review of zoning 34
	339	+	LC002159 - Page 10 of 12
	340	+	street address of the subject property in the notice, and shall publish in a newspaper of local 1
	341	+	circulation within the city or town that the modification will be granted unless written objection is 2
	342	+	received within fourteen (14) days of the public notice. If written objection is received within 3
	343	+	fourteen (14) days, the request for a modification shall be scheduled for the next available hearing 4
	344	+	before the zoning board of review on application for a dimensional variance following the standard 5
	345	+	procedures for such variances, including notice requirements provided for under this chapter. If no 6
	346	+	written objections are received within fourteen (14) days, the zoning enforcement officer shall grant 7
	347	+	the modification. The zoning enforcement officer may apply any special conditions to the permit 8
	348	+	as may, in the opinion of the officer, be required to conform to the intent and purposes of the zoning 9
	349	+	ordinance. The zoning enforcement officer shall keep public records of all requests for 10
	350	+	modifications, and of findings, determinations, special conditions, and any objections received. 11
	351	+	Costs of any notice required under this subsection shall be borne by the applicant requesting the 12
	352	+	modification. 13
	353	+	(c) Neighborhood character-based modifications (“NCBM”). The zoning enforcement 14
	354	+	officer is authorized to grant NCBM on any parcel with a water and sewer connection, and for 15
	355	+	purposes of residential use, from the literal dimensional requirements of the zoning ordinance in 16
	356	+	the instance of the construction, alteration, creation or structural modification of a dwelling unit, 17
	357	+	provided that: 18
	358	+	(1) Such modifications shall only be granted for dimensional relief from setbacks, height, 19
	359	+	frontage, lot coverage, lot size, lot width, and lot depth, up to the median dimensions of the 20
	360	+	comparable existing built environment. 21
	361	+	(2) The median dimensions of the comparable existing built environment shall be 22
	362	+	calculated as follows: 23
	363	+	(i) Comparable existing parcels shall mean all parcels that are: 24
	364	+	(A) Within two hundred feet (200’) of the subject property; and 25
	365	+	(B) In the same base zone; and 26
	366	+	(C) Used for residential purposes. 27
	367	+	(ii) The median dimensions shall be confirmed by a surveyor or certified planner based on 28
	368	+	city or town records including geographic information system and/or tax assessor data. 29
	369	+	(iii) The median dimensions are to be determined without any additional review of zoning 30
	370	+	or building code analysis of the legality of the existing dimensions of the comparable existing 31
	371	+	parcels. 32
	372	+	(3) Within ten (10) days of the receipt of a request for NCBM, the zoning enforcement 33
	373	+	officer shall make a decision as to the suitability of the requested modification based on the 34
377	374
378	375
379		-	LC002159/SUB A - Page 11 of 12
380		-	or building code analysis of the legality of the existing dimensions of the comparable existing 1
381		-	parcels. 2
382		-	(4) Within ten (10) days of the receipt of a request for NCBM, the zoning enforcement 3
383		-	officer shall make a decision as to the suitability of the requested modification based on the 4
384		-	following determinations: 5
385		-	(i) The modification requested does not require a variance of a flood hazard requirement, 6
386		-	unless the building is built in accordance with applicable regulations; and 7
387		-	(ii) The modification requested does not violate any rules or regulations with respect to 8
388		-	freshwater or coastal wetlands; and 9
389		-	(iii) The NCBM does not violate any provisions regarding separation included in the state 10
390		-	building or fire code; 11
391		-	(5) Upon an affirmative determination, in the case of an NCBM modification of equal to 12
392		-	or less than thirty percent (30%) of the requirements of the zoning district, the zoning enforcement 13
393		-	officer shall have the authority to issue a permit approving the modification, without any public 14
394		-	notice requirements. In the case of an NCBM modification of greater than thirty percent (30%), the 15
395		-	zoning enforcement officer shall notify, by first class mail, all property owners abutting the 16
396		-	property which is the subject of the NCBM modification request, and shall indicate the street 17
397		-	address of the subject property in the notice, and shall publish in a newspaper of local circulation 18
398		-	within the city or town that the modification will be granted unless written objection is received 19
399		-	within fourteen (14) days of the public notice. If written objection is received from any party 20
400		-	entitled to notice under this section within fourteen (14) days, the request for a modification shall 21
401		-	be scheduled for the next available hearing before the zoning board of review on application for a 22
402		-	dimensional variance following the standard procedures for such variances, including notice 23
403		-	requirements provided for under this chapter. If no written objections are received within fourteen 24
404		-	(14) days, the zoning enforcement officer shall grant the modification. The zoning enforcement 25
405		-	officer may apply any special conditions to the permit as may, in the opinion of the officer, be 26
406		-	required to conform to the intent and purposes of the zoning ordinance. The zoning enforcement 27
407		-	officer shall keep public records of all requests for modifications, and of findings, determinations, 28
408		-	special conditions, and any objections received. Costs of any notice required under this subsection 29
409		-	shall be borne by the applicant requesting the modification. 30
410		-	SECTION 3. This act shall take effect on January 1, 2026. 31
	376	+	LC002159 - Page 11 of 12
	377	+	following determinations: 1
	378	+	(i) The modification requested does not require a variance of a flood hazard requirement, 2
	379	+	unless the building is built in accordance with applicable regulations; and 3
	380	+	(ii) The modification requested does not violate any rules or regulations with respect to 4
	381	+	freshwater or coastal wetlands; and 5
	382	+	(iii) The NCBM does not violate any provisions regarding separation included in the state 6
	383	+	building or fire code. 7
	384	+	(4) Upon an affirmative determination, in the case of an infill modification of equal to or 8
	385	+	less than thirty percent (30%) of the requirements of the zoning district, the zoning enforcement 9
	386	+	officer shall have the authority to issue a permit approving the infill modification, without any 10
	387	+	public notice requirements. In the case of a modification of greater than thirty percent (30%), the 11
	388	+	zoning enforcement officer shall notify, by first class mail, all property owners abutting the 12
	389	+	property which is the subject of the infill modification request, and shall indicate the street address 13
	390	+	of the subject property in the notice, and shall publish in a newspaper of local circulation within 14
	391	+	the city or town that the modification will be granted unless written objection is received within 15
	392	+	fourteen (14) days of the public notice. If written objection is received from any party entitled to 16
	393	+	notice under this section within fourteen (14) days, the request for a modification shall be scheduled 17
	394	+	for the next available hearing before the zoning board of review on application for a dimensional 18
	395	+	variance following the standard procedures for such variances, including notice requirements 19
	396	+	provided for under this chapter. If no written objections are received within fourteen (14) days, the 20
	397	+	zoning enforcement officer shall grant the modification. The zoning enforcement officer may apply 21
	398	+	any special conditions to the permit as may, in the opinion of the officer, be required to conform to 22
	399	+	the intent and purposes of the zoning ordinance. The zoning enforcement officer shall keep public 23
	400	+	records of all requests for modifications, and of findings, determinations, special conditions, and 24
	401	+	any objections received. Costs of any notice required under this subsection shall be borne by the 25
	402	+	applicant requesting the modification. 26
	403	+	SECTION 3. This act shall take effect on January 1, 2026. 27
411	404		========
412		-	LC002159~~/SUB A~~
	405	+	LC002159
413	406		========
414	407
415	408
416		-	LC002159~~/SUB A~~ - Page 12 of 12
	409	+	LC002159 - Page 12 of 12
417	410		EXPLANATION
418	411		BY THE LEGISLATIVE COUNCIL
419	412		OF
420	413		A N A C T
421	414		RELATING TO TOWNS AN D CITIES -- SUBDIVISION OF LAND
422	415		***
423	416		This act would provide that, relative to subdivision of land, minor subdivisions would 1
424	417		include oversized lot subdivisions under certain circumstances and would also, relative to zoning 2
425	418		ordinances, permit a modification to allow "neighborhood character-based modifications" under 3
426	419		certain circumstances. 4
427	420		This act would take effect on January 1, 2026. 5
428	421		========
429		-	LC002159~~/SUB A~~
	422	+	LC002159
430	423		========