Rhode Island 2025 Regular Session

Rhode Island House Bill H5800 Compare Versions

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

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5	5	2025 -- H 5800
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7	7	LC002160
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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 -- ZONING ORDINANCES
16	16	Introduced By: Representative Robert E. Craven
17	17	Date Introduced: February 27, 2025
18	18	Referred To: House Municipal Government & Housing
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20	20
21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Section 45-24-33 of the General Laws in Chapter 45-24 entitled "Zoning 1
23	23	Ordinances" is hereby amended to read as follows: 2
24	24	45-24-33. Standard provisions. 3
25	25	(a) A zoning ordinance shall address each of the purposes stated in § 45-24-30 and shall 4
26	26	address, through reasonable objective standards and criteria, the following general provisions 5
27	27	which are numbered for reference purposes only except as prohibited by § 45-24-30(b), § 45-24-6
28	28	30(c), or § 45-24-30(d): 7
29	29	(1) Permitting, prohibiting, limiting, and restricting the development of land and structures 8
30	30	in zoning districts, and regulating those land and structures according to their type and the nature 9
31	31	and extent of their use; 10
32	32	(2) Regulating the nature and extent of the use of land for residential, commercial, 11
33	33	industrial, institutional, recreational, agricultural, open space, or other use or combination of uses, 12
34	34	as the need for land for those purposes is determined by the city or town’s comprehensive plan; 13
35	35	(3) Permitting, prohibiting, limiting, and restricting buildings, structures, land uses, and 14
36	36	other development by performance standards, or other requirements, related to air and water and 15
37	37	groundwater quality, noise and glare, energy consumption, soil erosion and sedimentation, and/or 16
38	38	the availability and capacity of existing and planned public or private services; 17
39	39	(4) Regulating within each district and designating requirements for: 18
40	40	(i) The height, number of stories, and size of buildings; 19
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42	42
43	43	LC002160 - Page 2 of 5
44	44	(ii) The dimensions, size, lot coverage, layout of lots or development areas and floor area 1
45	45	ratios provided that zoning ordinances must exclude any portion of a basement as defined in § 45-2
46	46	24.3-5 from the calculation of floor area ratio; 3
47	47	(iii) The density and intensity of use; 4
48	48	(iv) Access to air and light, views, and solar access; 5
49	49	(v) Open space, yards, courts, and buffers; 6
50	50	(vi) Parking areas, road design, and, where appropriate, pedestrian, bicycle, and other 7
51	51	circulator systems; 8
52	52	(vii) Landscaping, fencing, and lighting; 9
53	53	(viii) Appropriate drainage requirements and methods to manage stormwater runoff; 10
54	54	(ix) Public access to waterbodies, rivers, and streams; and 11
55	55	(x) Other requirements in connection with any use of land or structure; 12
56	56	(5) Permitting, prohibiting, limiting, and restricting development in flood plains or flood 13
57	57	hazard areas and designated significant natural areas; 14
58	58	(6) Promoting the conservation of energy and promoting energy-efficient patterns of 15
59	59	development; 16
60	60	(7) Providing for the protection of existing and planned public drinking water supplies, 17
61	61	their tributaries and watersheds, and the protection of Narragansett Bay, its tributaries and 18
62	62	watershed; 19
63	63	(8) Providing for adequate, safe, and efficient transportation systems; and avoiding 20
64	64	congestion by relating types and levels of development to the capacity of the circulation system, 21
65	65	and maintaining a safe level of service of the system; 22
66	66	(9) Providing for the preservation and enhancement of the recreational resources of the city 23
67	67	or town; 24
68	68	(10) Promoting an economic climate that increases quality job opportunities and the overall 25
69	69	economic well-being of the city or town and the state; 26
70	70	(11) Providing for pedestrian access to and between public and private facilities, including, 27
71	71	but not limited to, schools, employment centers, shopping areas, recreation areas, and residences; 28
72	72	(12) Providing standards for, and requiring the provision of, adequate and properly 29
73	73	designed physical improvements, including plantings, and the proper maintenance of property; 30
74	74	(13) Permitting, prohibiting, limiting, and restricting land use in areas where development 31
75	75	is deemed to create a hazard to the public health or safety; 32
76	76	(14) Permitting, prohibiting, limiting, and restricting extractive industries and earth 33
77	77	removal and requiring restoration of land after these activities; 34
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81	81	(15) Regulating sanitary landfill, except as otherwise provided by state statute; 1
82	82	(16) Permitting, prohibiting, limiting, and restricting signs and billboards and other outdoor 2
83	83	advertising devices; 3
84	84	(17) Designating airport hazard areas under the provisions of chapter 3 of title 1, and 4
85	85	enforcement of airport hazard area zoning regulations under the provisions established in that 5
86	86	chapter; 6
87	87	(18) Designating areas of historic, cultural, and/or archaeological value and regulating 7
88	88	development in those areas under the provisions of chapter 24.1 of this title; 8
89	89	(19) Providing standards and requirements for the regulation, review, and approval of any 9
90	90	proposed development in connection with those uses of land, buildings, or structures specifically 10
91	91	designated as subject to development plan review in a zoning ordinance; 11
92	92	(20) Designating special protection areas for water supply and limiting or prohibiting 12
93	93	development in these areas, except as otherwise provided by state statute; 13
94	94	(21) Specifying requirements for safe road access to developments from existing streets, 14
95	95	including limiting the number, design, and location of curb cuts, and provisions for internal 15
96	96	circulation systems for new developments, and provisions for pedestrian and bicycle ways; 16
97	97	(22) Reducing unnecessary delay in approving or disapproving development applications 17
98	98	through provisions for preapplication conferences and other means; 18
99	99	(23) Providing for the application of the Rhode Island Fair Housing Practices Act, chapter 19
100	100	37 of title 34, the United States Fair Housing Amendments Act of 1988 (FHAA); the Rhode Island 20
101	101	Civil Rights of People with Disabilities Act, chapter 87 of title 42; and the Americans with 21
102	102	Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.; and 22
103	103	(24) Regulating drive-through windows of varied intensity of use when associated with 23
104	104	land-use activities and providing standards and requirements for the regulation, review, and 24
105	105	approval of the drive-through windows, including, but not limited to: 25
106	106	(i) Identifying within which zoning districts drive-through windows may be permitted, 26
107	107	prohibited, or permitted by special-use permit; 27
108	108	(ii) Specifying requirements for adequate traffic circulation; and 28
109	109	(iii) Providing for adequate pedestrian safety and access, including issues concerning safety 29
110	110	and access for those with disabilities.; and 30
111	111	(25) Providing for residential development in all or some of the areas encompassing 31
112	112	commercial district(s) in a city or town; provided that, such objective standards and criteria address 32
113	113	the following: 33
114	114	(i) Standards to ensure that residential uses are allowed and integrated with commercial 34
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118	118	uses in a mixed use or village development; 1
119	119	(ii) Provisions that allow residential units above commercial uses on the ground floor or 2
120	120	first floor of a structure(s); 3
121	121	(iii) Provisions to permit medium to high density residential development in the 4
122	122	commercial zones allowing residential use; and 5
123	123	(iv) Flexible and reasonable dimensional standards that promote and allow for the mixed 6
124	124	use or village development. 7
125	125	(b) A zoning ordinance may include special provisions for any or all of the following: 8
126	126	(1) Authorizing development incentives, including, but not limited to, additional permitted 9
127	127	uses, increased development and density, or additional design or dimensional flexibility in 10
128	128	exchange for: 11
129	129	(i) Increased open space; 12
130	130	(ii) Increased housing choices; 13
131	131	(iii) Traffic and pedestrian improvements; 14
132	132	(iv) Public and/or private facilities; and/or 15
133	133	(v) Other amenities as desired by the city or town and consistent with its comprehensive 16
134	134	plan. The provisions in the ordinance shall include maximum allowable densities of population 17
135	135	and/or intensities of use and shall indicate the type of improvements, amenities, and/or conditions. 18
136	136	Conditions may be made for donation in lieu of direct provisions for improvements or amenities; 19
137	137	(2) Establishing a system for transfer of development rights within or between zoning 20
138	138	districts designated in the zoning ordinance; and 21
139	139	(3) Regulating the development adjacent to designated scenic highways, scenic waterways, 22
140	140	major thoroughfares, public greenspaces, or other areas of special public investment or valuable 23
141	141	natural resources. 24
142	142	(c) Slope of land shall not be excluded from the calculation of the buildable lot area or the 25
143	143	minimum lot size, or in the calculation of the number of buildable lots or units. 26
144	144	(d) Nothing in this section shall be construed to restrict a municipality’s right, within state 27
145	145	and local regulations, to establish its own minimum lot size per zoning district in its town or city. 28
146	146	SECTION 2. This act shall take effect on January 1, 2026. 29
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153	153	EXPLANATION
154	154	BY THE LEGISLATIVE COUNCIL
155	155	OF
156	156	A N A C T
157	157	RELATING TO TOWNS AN D CITIES -- ZONING ORDINANCES
158	158	***
159	159	This act would add "providing for residential development in all or some of the areas 1
160	160	encompassing commercial districts" as a purpose a zoning ordinance must address. 2
161	161	This act would take effect on January 1, 2026. 3
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163	163	LC002160
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