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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- H 5949 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC002052 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO TOWNS AN D CITIES -- ZONING ORDINANCE |
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| 16 | 16 | | Introduced By: Representative June Speakman |
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| 17 | 17 | | Date Introduced: February 28, 2025 |
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| 18 | 18 | | Referred To: House Municipal Government & Housing |
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| 19 | 19 | | (Lieutenant Governor) |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Section 45-24-30 of the General Laws in Chapter 45-24 entitled "Zoning 1 |
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| 23 | 23 | | Ordinances" is hereby amended to read as follows: 2 |
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| 24 | 24 | | 45-24-30. General purposes of zoning ordinances. 3 |
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| 25 | 25 | | (a) Zoning regulations shall be developed and maintained in accordance with a 4 |
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| 26 | 26 | | comprehensive plan prepared, adopted, and as may be amended, in accordance with chapter 22.2 5 |
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| 27 | 27 | | of this title and shall be designed to address the following purposes. The general assembly 6 |
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| 28 | 28 | | recognizes these purposes, each with equal priority and numbered for reference purposes only. 7 |
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| 29 | 29 | | (1) Promoting the public health, safety, and general welfare. 8 |
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| 30 | 30 | | (2) Providing for a range of uses and intensities of use appropriate to the character of the 9 |
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| 31 | 31 | | city or town and reflecting current and expected future needs. 10 |
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| 32 | 32 | | (3) Providing for orderly growth and development that recognizes: 11 |
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| 33 | 33 | | (i) The goals and patterns of land use contained in the comprehensive plan of the city or 12 |
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| 34 | 34 | | town adopted pursuant to chapter 22.2 of this title; 13 |
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| 35 | 35 | | (ii) The natural characteristics of the land, including its suitability for use based on soil 14 |
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| 36 | 36 | | characteristics, topography, and susceptibility to surface or groundwater pollution; 15 |
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| 37 | 37 | | (iii) The values and dynamic nature of coastal and freshwater ponds, the shoreline, and 16 |
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| 38 | 38 | | freshwater and coastal wetlands; 17 |
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| 39 | 39 | | (iv) The values of unique or valuable natural resources and features; 18 |
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| 40 | 40 | | (v) The availability and capacity of existing and planned public and/or private services and 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC002052 - Page 2 of 13 |
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| 44 | 44 | | facilities; 1 |
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| 45 | 45 | | (vi) The need to shape and balance urban and rural development; and 2 |
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| 46 | 46 | | (vii) The use of innovative development regulations and techniques. 3 |
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| 47 | 47 | | (4) Providing for the control, protection, and/or abatement of air, water, groundwater, and 4 |
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| 48 | 48 | | noise pollution, and soil erosion and sedimentation. 5 |
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| 49 | 49 | | (5) Providing for the protection of the natural, historic, cultural, and scenic character of the 6 |
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| 50 | 50 | | city or town or areas in the municipality. 7 |
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| 51 | 51 | | (6) Providing for the preservation and promotion of agricultural production, forest, 8 |
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| 52 | 52 | | silviculture, aquaculture, timber resources, and open space. 9 |
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| 53 | 53 | | (7) Providing for the protection of public investment in transportation, water, stormwater 10 |
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| 54 | 54 | | management systems, sewage treatment and disposal, solid waste treatment and disposal, schools, 11 |
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| 55 | 55 | | recreation, public facilities, open space, and other public requirements. 12 |
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| 56 | 56 | | (8) Promoting a balance of housing choices, for all income levels and groups, to assure the 13 |
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| 57 | 57 | | health, safety, and welfare of all citizens and their rights to affordable, accessible, safe, and sanitary 14 |
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| 58 | 58 | | housing. 15 |
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| 59 | 59 | | (9) Providing opportunities for the establishment of low- and moderate-income housing. 16 |
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| 60 | 60 | | (10) Promoting safety from fire, flood, and other natural or unnatural disasters. 17 |
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| 61 | 61 | | (11) Promoting a high level of quality in design in the development of private and public 18 |
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| 62 | 62 | | facilities. 19 |
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| 63 | 63 | | (12) Promoting implementation of the comprehensive plan of the city or town adopted 20 |
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| 64 | 64 | | pursuant to chapter 22.2 of this title. 21 |
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| 65 | 65 | | (13) Providing for coordination of land uses with contiguous municipalities, other 22 |
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| 66 | 66 | | municipalities, the state, and other agencies, as appropriate, especially with regard to resources and 23 |
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| 67 | 67 | | facilities that extend beyond municipal boundaries or have a direct impact on that municipality. 24 |
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| 68 | 68 | | (14) Providing for efficient review of development proposals, to clarify and expedite the 25 |
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| 69 | 69 | | zoning approval process. 26 |
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| 70 | 70 | | (15) Providing for procedures for the administration of the zoning ordinance, including, 27 |
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| 71 | 71 | | but not limited to, variances, special-use permits, and, where adopted, procedures for modifications. 28 |
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| 72 | 72 | | (16) Providing opportunities for reasonable accommodations in order to comply with the 29 |
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| 73 | 73 | | Rhode Island Fair Housing Practices Act, chapter 37 of title 34; the United States Fair Housing 30 |
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| 74 | 74 | | Amendments Act of 1988 (FHAA); the Rhode Island Civil Rights of Persons with Disabilities Act, 31 |
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| 75 | 75 | | chapter 87 of title 42; and the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 32 |
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| 76 | 76 | | et seq. 33 |
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| 77 | 77 | | (17) The duty to affirmatively further fair housing extends to all public agencies' activities 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC002052 - Page 3 of 13 |
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| 81 | 81 | | and programs relating to housing and community development. Zoning codes shall be consistent 1 |
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| 82 | 82 | | with the values of affirmatively furthering fair housing, and shall meet the housing needs of 2 |
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| 83 | 83 | | including, but not limited to, the following: 3 |
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| 84 | 84 | | (i) Providing for older Rhode Islanders, such as senior citizens, in addition to their families 4 |
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| 85 | 85 | | and caretakers, in finding appropriate, accessible housing affordable at their income level; 5 |
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| 86 | 86 | | (ii) Providing for workers and their families, in finding appropriate, accessible housing 6 |
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| 87 | 87 | | affordable at their income level; 7 |
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| 88 | 88 | | (iii) Providing for students, dormitory, and student housing and other residential options; 8 |
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| 89 | 89 | | (iv) Providing for market rate, moderate-income, low-income, and very-low-income 9 |
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| 90 | 90 | | households, including rentals and homeownership units; 10 |
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| 91 | 91 | | (v) Providing for persons with disabilities, in addition to their families and caretakers, in 11 |
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| 92 | 92 | | finding appropriate, accessible housing affordable at their income level; 12 |
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| 93 | 93 | | (vi) Providing for individuals and families facing homelessness in finding permanent 13 |
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| 94 | 94 | | housing, single-room occupancy units, transitional housing, and shelters; 14 |
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| 95 | 95 | | (vii) Providing for active servicemembers and veterans, in addition to their families and 15 |
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| 96 | 96 | | caretakers, in finding appropriate, accessible housing affordable at their income level; and 16 |
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| 97 | 97 | | (viii) Providing for individuals from protected statuses as referenced in § 34-37-2 who have 17 |
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| 98 | 98 | | historically faced discrimination and barriers to accessing appropriate, accessible housing 18 |
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| 99 | 99 | | affordable at their income level based on their race, color, national origin, religion, sex, sexual 19 |
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| 100 | 100 | | orientation, gender, gender identity or expression. 20 |
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| 101 | 101 | | Provided, however, that any zoning ordinance in which a community sets forth standards 21 |
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| 102 | 102 | | or requirements for the location, design, construction, or maintenance of on-site wastewater 22 |
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| 103 | 103 | | treatment systems shall first be submitted to the director of the department of environmental 23 |
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| 104 | 104 | | management for approval as to the technical merits of the ordinance. In addition, any zoning 24 |
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| 105 | 105 | | ordinance in which a municipality sets forth standards regarding wetland requirements, shall first 25 |
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| 106 | 106 | | be submitted to the director of the department of environmental management for approval as to the 26 |
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| 107 | 107 | | technical merits of the ordinance. 27 |
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| 108 | 108 | | (b) Upon the effective date of this section, a city or town shall no longer be authorized to 28 |
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| 109 | 109 | | adopt as a provision of its zoning ordinance new requirements that specify buffers or setbacks in 29 |
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| 110 | 110 | | relation to freshwater wetland, freshwater wetland in the vicinity of the coast, or coastal wetland or 30 |
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| 111 | 111 | | that specify setback distances between an onsite wastewater treatment system and a freshwater 31 |
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| 112 | 112 | | wetlands, freshwater wetland in the vicinity of the coast, or coastal wetland. 32 |
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| 113 | 113 | | (c) Cities and towns shall be prohibited from applying the requirements in existing zoning 33 |
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| 114 | 114 | | ordinances pertaining to both wetland buffers and onsite wastewater treatment system setbacks to 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC002052 - Page 4 of 13 |
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| 118 | 118 | | development, redevelopment, construction, or rehabilitation applications submitted to a 1 |
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| 119 | 119 | | municipality. Nothing herein shall rescind the authority of a city or town to enforce other local 2 |
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| 120 | 120 | | zoning requirements. 3 |
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| 121 | 121 | | (d) Cities and towns shall act to amend their ordinances and regulations to conform to this 4 |
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| 122 | 122 | | section within twelve (12) months of the effective date of state regulations referenced herein. 5 |
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| 123 | 123 | | SECTION 2. Section 45-24-31 of the General Laws in Chapter 45-24 entitled "Zoning 6 |
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| 124 | 124 | | Ordinances" is hereby amended to read as follows: 7 |
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| 125 | 125 | | 45-24-31. Definitions. 8 |
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| 126 | 126 | | Where words or terms used in this chapter are defined in § 45-22.2-4 or § 45-23-32, they 9 |
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| 127 | 127 | | have the meanings stated in that section. In addition, the following words have the following 10 |
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| 128 | 128 | | meanings. Additional words and phrases may be used in developing local ordinances under this 11 |
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| 129 | 129 | | chapter; however, the words and phrases defined in this section are controlling in all local 12 |
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| 130 | 130 | | ordinances created under this chapter: 13 |
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| 131 | 131 | | (1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with 14 |
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| 132 | 132 | | no intervening land. 15 |
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| 133 | 133 | | (2) Accessory dwelling unit (ADU). A residential living unit on the same lot where the 16 |
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| 134 | 134 | | principal use is a legally established single-family dwelling unit or multi-family dwelling unit. An 17 |
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| 135 | 135 | | ADU provides complete independent living facilities for one or more persons. It may take various 18 |
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| 136 | 136 | | forms including, but not limited to: a detached unit; a unit that is part of an accessory structure, 19 |
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| 137 | 137 | | such as a detached garage; or a unit that is part of an expanded or remodeled primary dwelling. 20 |
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| 138 | 138 | | (3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental 21 |
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| 139 | 139 | | and subordinate to the principal use of the land or building. An accessory use may be restricted to 22 |
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| 140 | 140 | | the same lot as the principal use. An accessory use shall not be permitted without the principal use 23 |
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| 141 | 141 | | to which it is related. 24 |
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| 142 | 142 | | (4) Adaptive reuse. “Adaptive reuse,” as defined in § 42-64.22-2. 25 |
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| 143 | 143 | | (5) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be: 26 |
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| 144 | 144 | | (i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her, 27 |
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| 145 | 145 | | or its property will be injured by a decision of any officer or agency responsible for administering 28 |
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| 146 | 146 | | the zoning ordinance of a city or town; or 29 |
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| 147 | 147 | | (ii) Anyone requiring notice pursuant to this chapter. 30 |
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| 148 | 148 | | (6) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4. 31 |
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| 149 | 149 | | (7) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2. 32 |
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| 150 | 150 | | (8) “Affirmatively furthering fair housing” means taking meaningful actions, in addition 33 |
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| 151 | 151 | | to combatting discrimination, that overcome patterns of segregation and foster inclusive 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC002052 - Page 5 of 13 |
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| 155 | 155 | | communities free from barriers that restrict access to opportunity based on protected characteristics. 1 |
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| 156 | 156 | | Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken 2 |
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| 157 | 157 | | together, address significant disparities in housing needs patterns, transforming racially and 3 |
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| 158 | 158 | | ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining 4 |
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| 159 | 159 | | compliance with civil rights and fair housing laws. 5 |
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| 160 | 160 | | (8)(9) Applicant. An owner, or authorized agent of the owner, submitting an application or 6 |
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| 161 | 161 | | appealing an action of any official, board, or agency. 7 |
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| 162 | 162 | | (9)(10) Application. The completed form, or forms, and all accompanying documents, 8 |
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| 163 | 163 | | exhibits, and fees required of an applicant by an approving authority for development review, 9 |
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| 164 | 164 | | approval, or permitting purposes. 10 |
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| 165 | 165 | | (10)(11) Buffer. Land that is maintained in either a natural or landscaped state, and is used 11 |
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| 166 | 166 | | to screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-12 |
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| 167 | 167 | | way. 13 |
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| 168 | 168 | | (11)(12) Building. Any structure used or intended for supporting or sheltering any use or 14 |
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| 169 | 169 | | occupancy. 15 |
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| 170 | 170 | | (12)(13) Building envelope. The three-dimensional space within which a structure is 16 |
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| 171 | 171 | | permitted to be built on a lot and that is defined by regulations governing building setbacks, 17 |
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| 172 | 172 | | maximum height, and bulk; by other regulations; or by any combination thereof. 18 |
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| 173 | 173 | | (13)(14) Building height. For a vacant parcel of land, building height shall be measured 19 |
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| 174 | 174 | | from the average, existing-grade elevation where the foundation of the structure is proposed. For 20 |
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| 175 | 175 | | an existing structure, building height shall be measured from average grade taken from the 21 |
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| 176 | 176 | | outermost four (4) corners of the existing foundation. In all cases, building height shall be measured 22 |
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| 177 | 177 | | to the top of the highest point of the existing or proposed roof or structure. This distance shall 23 |
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| 178 | 178 | | exclude spires, chimneys, flag poles, and the like. For any property or structure located in a special 24 |
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| 179 | 179 | | flood hazard area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted 25 |
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| 180 | 180 | | on the Rhode Island coastal resources management council (CRMC) suggested design elevation 26 |
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| 181 | 181 | | three foot (3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-27 |
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| 182 | 182 | | year (100) storm, the greater of the following amounts, expressed in feet, shall be excluded from 28 |
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| 183 | 183 | | the building height calculation: 29 |
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| 184 | 184 | | (i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or 30 |
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| 185 | 185 | | proposed freeboard, less the average existing grade elevation; or 31 |
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| 186 | 186 | | (ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a 32 |
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| 187 | 187 | | one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate 33 |
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| 188 | 188 | | the appropriate suggested design elevation map for the exclusion every ten (10) years, or as 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC002052 - Page 6 of 13 |
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| 192 | 192 | | otherwise necessary. 1 |
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| 193 | 193 | | (14)(15) Cluster. A site-planning technique that concentrates buildings in specific areas on 2 |
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| 194 | 194 | | the site to allow the remaining land to be used for recreation, common open space, and/or 3 |
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| 195 | 195 | | preservation of environmentally, historically, culturally, or other sensitive features and/or 4 |
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| 196 | 196 | | structures. The techniques used to concentrate buildings shall be specified in the ordinance and may 5 |
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| 197 | 197 | | include, but are not limited to, reduction in lot areas, setback requirements, and/or bulk 6 |
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| 198 | 198 | | requirements, with the resultant open land being devoted by deed restrictions for one or more uses. 7 |
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| 199 | 199 | | Under cluster development, there is no increase in the number of lots that would be permitted under 8 |
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| 200 | 200 | | conventional development except where ordinance provisions include incentive bonuses for certain 9 |
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| 201 | 201 | | types or conditions of development. 10 |
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| 202 | 202 | | (15)(16) Common ownership. Either: 11 |
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| 203 | 203 | | (i) Ownership by one or more individuals or entities in any form of ownership of two (2) 12 |
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| 204 | 204 | | or more contiguous lots; or 13 |
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| 205 | 205 | | (ii) Ownership by any association (ownership may also include a municipality) of one or 14 |
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| 206 | 206 | | more lots under specific development techniques. 15 |
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| 207 | 207 | | (16)(17) Community residence. A home or residential facility where children and/or adults 16 |
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| 208 | 208 | | reside in a family setting and may or may not receive supervised care. This does not include halfway 17 |
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| 209 | 209 | | houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the 18 |
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| 210 | 210 | | following: 19 |
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| 211 | 211 | | (i) Whenever six (6) or fewer children or adults with intellectual and/or developmental 20 |
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| 212 | 212 | | disability reside in any type of residence in the community, as licensed by the state pursuant to 21 |
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| 213 | 213 | | chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community 22 |
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| 214 | 214 | | residences; 23 |
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| 215 | 215 | | (ii) A group home providing care or supervision, or both, to not more than eight (8) persons 24 |
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| 216 | 216 | | with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1; 25 |
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| 217 | 217 | | (iii) A residence for children providing care or supervision, or both, to not more than eight 26 |
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| 218 | 218 | | (8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of 27 |
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| 219 | 219 | | title 42; 28 |
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| 220 | 220 | | (iv) A community transitional residence providing care or assistance, or both, to no more 29 |
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| 221 | 221 | | than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) 30 |
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| 222 | 222 | | persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, 31 |
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| 223 | 223 | | abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor 32 |
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| 224 | 224 | | more than two (2) years. Residents will have access to, and use of, all common areas, including 33 |
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| 225 | 225 | | eating areas and living rooms, and will receive appropriate social services for the purpose of 34 |
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| 226 | 226 | | |
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| 227 | 227 | | |
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| 228 | 228 | | LC002052 - Page 7 of 13 |
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| 229 | 229 | | fostering independence, self-sufficiency, and eventual transition to a permanent living situation. 1 |
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| 230 | 230 | | (17)(18) Comprehensive plan. The comprehensive plan adopted and approved pursuant to 2 |
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| 231 | 231 | | chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in 3 |
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| 232 | 232 | | compliance. 4 |
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| 233 | 233 | | (18)(19) Day care — Daycare center. Any other daycare center that is not a family daycare 5 |
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| 234 | 234 | | home. 6 |
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| 235 | 235 | | (19)(20) Day care — Family daycare home. Any home, other than the individual’s home, 7 |
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| 236 | 236 | | in which day care in lieu of parental care or supervision is offered at the same time to six (6) or less 8 |
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| 237 | 237 | | individuals who are not relatives of the caregiver, but may not contain more than a total of eight 9 |
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| 238 | 238 | | (8) individuals receiving day care. 10 |
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| 239 | 239 | | (20)(21) Density, residential. The number of dwelling units per unit of land. 11 |
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| 240 | 240 | | (21)(22) Development. The construction, reconstruction, conversion, structural alteration, 12 |
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| 241 | 241 | | relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; 13 |
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| 242 | 242 | | or any change in use, or alteration or extension of the use, of land. 14 |
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| 243 | 243 | | (22)(23) Development plan review. See §§ 45-23-32 and 45-23-50. 15 |
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| 244 | 244 | | (23)(24) District. See “zoning use district.” 16 |
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| 245 | 245 | | (24)(25) Drainage system. A system for the removal of water from land by drains, grading, 17 |
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| 246 | 246 | | or other appropriate means. These techniques may include runoff controls to minimize erosion and 18 |
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| 247 | 247 | | sedimentation during and after construction or development; the means for preserving surface and 19 |
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| 248 | 248 | | groundwaters; and the prevention and/or alleviation of flooding. 20 |
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| 249 | 249 | | (25)(26) Dwelling unit. A structure, or portion of a structure, providing complete, 21 |
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| 250 | 250 | | independent living facilities for one or more persons, including permanent provisions for living, 22 |
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| 251 | 251 | | sleeping, eating, cooking, and sanitation, and containing a separate means of ingress and egress. 23 |
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| 252 | 252 | | (26)(27) Extractive industry. The extraction of minerals, including: solids, such as coal and 24 |
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| 253 | 253 | | ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes 25 |
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| 254 | 254 | | quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other 26 |
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| 255 | 255 | | preparation customarily done at the extraction site or as a part of the extractive activity. 27 |
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| 256 | 256 | | (27)(28) Family member. A person, or persons, related by blood, marriage, or other legal 28 |
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| 257 | 257 | | means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, 29 |
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| 258 | 258 | | grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household. 30 |
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| 259 | 259 | | (28)(29) Floating zone. An unmapped zoning district adopted within the ordinance that is 31 |
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| 260 | 260 | | established on the zoning map only when an application for development, meeting the zone 32 |
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| 261 | 261 | | requirements, is approved. 33 |
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| 262 | 262 | | (29)(30) Floodplains, or Flood hazard area. As defined in § 45-22.2-4. 34 |
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| 263 | 263 | | |
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| 264 | 264 | | |
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| 265 | 265 | | LC002052 - Page 8 of 13 |
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| 266 | 266 | | (30)(31) Freeboard. A factor of safety expressed in feet above the base flood elevation of 1 |
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| 267 | 267 | | a flood hazard area for purposes of floodplain management. Freeboard compensates for the many 2 |
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| 268 | 268 | | unknown factors that could contribute to flood heights, such as wave action, bridge openings, and 3 |
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| 269 | 269 | | the hydrological effect of urbanization of the watershed. 4 |
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| 270 | 270 | | (31)(32) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3. 5 |
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| 271 | 271 | | (32)(33) Halfway house. A residential facility for adults or children who have been 6 |
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| 272 | 272 | | institutionalized for criminal conduct and who require a group setting to facilitate the transition to 7 |
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| 273 | 273 | | a functional member of society. 8 |
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| 274 | 274 | | (33)(34) Hardship. See § 45-24-41. 9 |
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| 275 | 275 | | (34)(35) Historic district or historic site. As defined in § 45-22.2-4. 10 |
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| 276 | 276 | | (35)(36) Home occupation. Any activity customarily carried out for gain by a resident, 11 |
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| 277 | 277 | | conducted as an accessory use in the resident’s dwelling unit. 12 |
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| 278 | 278 | | (36)(37) Household. One or more persons living together in a single-dwelling unit, with 13 |
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| 279 | 279 | | common access to, and common use of, all living and eating areas and all areas and facilities for 14 |
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| 280 | 280 | | the preparation and storage of food within the dwelling unit. The term “household unit” is 15 |
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| 281 | 281 | | synonymous with the term “dwelling unit” for determining the number of units allowed within any 16 |
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| 282 | 282 | | structure on any lot in a zoning district. An individual household shall consist of any one of the 17 |
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| 283 | 283 | | following: 18 |
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| 284 | 284 | | (i) A family, which may also include servants and employees living with the family; or 19 |
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| 285 | 285 | | (ii) A person or group of unrelated persons living together. The maximum number may be 20 |
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| 286 | 286 | | set by local ordinance, but this maximum shall not be less than one person per bedroom and shall 21 |
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| 287 | 287 | | not exceed five (5) unrelated persons per dwelling. The maximum number shall not apply to 22 |
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| 288 | 288 | | NARR-certified recovery residences. 23 |
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| 289 | 289 | | (37)(38) Incentive zoning. The process whereby the local authority may grant additional 24 |
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| 290 | 290 | | development capacity in exchange for the developer’s provision of a public benefit or amenity as 25 |
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| 291 | 291 | | specified in local ordinances. 26 |
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| 292 | 292 | | (38)(39) Infrastructure. Facilities and services needed to sustain residential, commercial, 27 |
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| 293 | 293 | | industrial, institutional, and other activities. 28 |
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| 294 | 294 | | (39)(40) Land development project. As defined in § 45-23-32. 29 |
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| 295 | 295 | | (40)(41) Lot. Either: 30 |
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| 296 | 296 | | (i) The basic development unit for determination of lot area, depth, and other dimensional 31 |
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| 297 | 297 | | regulations; or 32 |
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| 298 | 298 | | (ii) A parcel of land whose boundaries have been established by some legal instrument, 33 |
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| 299 | 299 | | such as a recorded deed or recorded map, and that is recognized as a separate legal entity for 34 |
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| 300 | 300 | | |
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| 301 | 301 | | |
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| 302 | 302 | | LC002052 - Page 9 of 13 |
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| 303 | 303 | | purposes of transfer of title. 1 |
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| 304 | 304 | | (41)(42) Lot area. The total area within the boundaries of a lot, excluding any street right-2 |
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| 305 | 305 | | of-way, usually reported in acres or square feet. 3 |
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| 306 | 306 | | (42)(43) Lot area, minimum. The smallest land area established by the local zoning 4 |
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| 307 | 307 | | ordinance upon which a use, building, or structure may be located in a particular zoning district. 5 |
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| 308 | 308 | | (43)(44) Lot building coverage. That portion of the lot that is, or may be, covered by 6 |
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| 309 | 309 | | buildings and accessory buildings. 7 |
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| 310 | 310 | | (44)(45) Lot depth. The distance measured from the front lot line to the rear lot line. For 8 |
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| 311 | 311 | | lots where the front and rear lot lines are not parallel, the lot depth is an average of the depth. 9 |
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| 312 | 312 | | (45)(46) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall 10 |
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| 313 | 313 | | specify how noncontiguous frontage will be considered with regard to minimum frontage 11 |
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| 314 | 314 | | requirements. 12 |
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| 315 | 315 | | (46)(47) Lot line. A line of record, bounding a lot, that divides one lot from another lot or 13 |
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| 316 | 316 | | from a public or private street or any other public or private space and shall include: 14 |
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| 317 | 317 | | (i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall 15 |
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| 318 | 318 | | specify the method to be used to determine the front lot line on lots fronting on more than one 16 |
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| 319 | 319 | | street, for example, corner and through lots; 17 |
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| 320 | 320 | | (ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of 18 |
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| 321 | 321 | | triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10′) in length 19 |
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| 322 | 322 | | entirely within the lot, parallel to and at a maximum distance from, the front lot line; and 20 |
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| 323 | 323 | | (iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may 21 |
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| 324 | 324 | | be a street lot line, depending on requirements of the local zoning ordinance. 22 |
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| 325 | 325 | | (47)(48) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined 23 |
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| 326 | 326 | | herein. 24 |
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| 327 | 327 | | (48)(49) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon two 25 |
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| 328 | 328 | | (2) streets that do not intersect at the boundaries of the lot. 26 |
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| 329 | 329 | | (49)(50) Lot width. The horizontal distance between the side lines of a lot measured at right 27 |
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| 330 | 330 | | angles to its depth along a straight line parallel to the front lot line at the minimum front setback 28 |
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| 331 | 331 | | line. 29 |
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| 332 | 332 | | (50)(51) Manufactured home. As used in this section, a manufactured home shall have the 30 |
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| 333 | 333 | | same definition as in 42 U.S.C. § 5402, meaning a structure, transportable in one or more sections, 31 |
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| 334 | 334 | | which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more 32 |
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| 335 | 335 | | in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is 33 |
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| 336 | 336 | | built on a permanent chassis and designed to be used as a dwelling with a permanent foundation 34 |
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| 337 | 337 | | |
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| 338 | 338 | | |
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| 339 | 339 | | LC002052 - Page 10 of 13 |
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| 340 | 340 | | connected to the required utilities, and includes the plumbing, heating, air-conditioning, and 1 |
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| 341 | 341 | | electrical systems contained therein; except that such term shall include any structure that meets 2 |
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| 342 | 342 | | all the requirements of this definition except the size requirements and with respect to which the 3 |
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| 343 | 343 | | manufacturer voluntarily files a certification required by the United States Secretary of Housing 4 |
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| 344 | 344 | | and Urban Development and complies with the standards established under chapter 70 of Title 42 5 |
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| 345 | 345 | | of the United States Code; and except that such term shall not include any self-propelled 6 |
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| 346 | 346 | | recreational vehicle. 7 |
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| 347 | 347 | | (51)(52) Mere inconvenience. See § 45-24-41. 8 |
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| 348 | 348 | | (52)(53) Mixed use. A mixture of land uses within a single development, building, or tract. 9 |
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| 349 | 349 | | (53)(54) Modification. Permission granted and administered by the zoning enforcement 10 |
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| 350 | 350 | | officer of the city or town, and pursuant to the provisions of this chapter to grant a dimensional 11 |
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| 351 | 351 | | variance other than lot area requirements from the zoning ordinance to a limited degree as 12 |
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| 352 | 352 | | determined by the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) 13 |
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| 353 | 353 | | of each of the applicable dimensional requirements. 14 |
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| 354 | 354 | | (54)(55) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully 15 |
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| 355 | 355 | | existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with 16 |
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| 356 | 356 | | the provisions of that ordinance or amendment. Nonconformance is of only two (2) types: 17 |
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| 357 | 357 | | (i) Nonconforming by use: a lawfully established use of land, building, or structure that is 18 |
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| 358 | 358 | | not a permitted use in that zoning district. A building or structure containing more dwelling units 19 |
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| 359 | 359 | | than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or 20 |
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| 360 | 360 | | (ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance 21 |
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| 361 | 361 | | with the dimensional regulations of the zoning ordinance. Dimensional regulations include all 22 |
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| 362 | 362 | | regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building 23 |
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| 363 | 363 | | or structure containing more dwelling units than are permitted by the use regulations of a zoning 24 |
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| 364 | 364 | | ordinance is nonconforming by use; a building or structure containing a permitted number of 25 |
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| 365 | 365 | | dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per 26 |
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| 366 | 366 | | dwelling unit regulations, is nonconforming by dimension. 27 |
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| 367 | 367 | | (55)(56) Overlay district. A district established in a zoning ordinance that is superimposed 28 |
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| 368 | 368 | | on one or more districts or parts of districts. The standards and requirements associated with an 29 |
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| 369 | 369 | | overlay district may be more or less restrictive than those in the underlying districts consistent with 30 |
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| 370 | 370 | | other applicable state and federal laws. 31 |
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| 371 | 371 | | (56)(57) Performance standards. A set of criteria or limits relating to elements that a 32 |
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| 372 | 372 | | particular use or process must either meet or may not exceed. 33 |
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| 373 | 373 | | (57)(58) Permitted use. A use by right that is specifically authorized in a particular zoning 34 |
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| 374 | 374 | | |
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| 375 | 375 | | |
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| 376 | 376 | | LC002052 - Page 11 of 13 |
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| 377 | 377 | | district. 1 |
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| 378 | 378 | | (58)(59) Planned development. A “land development project,” as defined in subsection 2 |
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| 379 | 379 | | (39), and developed according to plan as a single entity and containing one or more structures or 3 |
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| 380 | 380 | | uses with appurtenant common areas. 4 |
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| 381 | 381 | | (59)(60) Plant agriculture. The growing of plants for food or fiber, to sell or consume. 5 |
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| 382 | 382 | | (60)(61) Preapplication conference. A review meeting of a proposed development held 6 |
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| 383 | 383 | | between applicants and reviewing agencies as permitted by law and municipal ordinance, before 7 |
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| 384 | 384 | | formal submission of an application for a permit or for development approval. 8 |
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| 385 | 385 | | (61)(62) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance 9 |
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| 386 | 386 | | of the required setback for the zoning district in which the lot is located that establishes the area 10 |
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| 387 | 387 | | within which the principal structure must be erected or placed. 11 |
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| 388 | 388 | | (62)(63) Site plan. The development plan for one or more lots on which is shown the 12 |
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| 389 | 389 | | existing and/or the proposed conditions of the lot. 13 |
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| 390 | 390 | | (63)(64) Slope of land. The grade, pitch, rise, or incline of the topographic landform or 14 |
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| 391 | 391 | | surface of the ground. 15 |
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| 392 | 392 | | (64)(65) Special use. A regulated use that is permitted pursuant to the special-use permit 16 |
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| 393 | 393 | | issued by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a 17 |
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| 394 | 394 | | special exception. 18 |
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| 395 | 395 | | (65)(66) Structure. A combination of materials to form a construction for use, occupancy, 19 |
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| 396 | 396 | | or ornamentation, whether installed on, above, or below the surface of land or water. 20 |
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| 397 | 397 | | (66)(67) Substandard lot of record. Any lot lawfully existing at the time of adoption or 21 |
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| 398 | 398 | | amendment of a zoning ordinance and not in conformance with the dimensional or area provisions 22 |
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| 399 | 399 | | of that ordinance. 23 |
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| 400 | 400 | | (67)(68) Use. The purpose or activity for which land or buildings are designed, arranged, 24 |
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| 401 | 401 | | or intended, or for which land or buildings are occupied or maintained. 25 |
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| 402 | 402 | | (68)(69) Variance. Permission to depart from the literal requirements of a zoning 26 |
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| 403 | 403 | | ordinance. An authorization for the construction or maintenance of a building or structure, or for 27 |
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| 404 | 404 | | the establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There 28 |
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| 405 | 405 | | are only two (2) categories of variance, a use variance or a dimensional variance. 29 |
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| 406 | 406 | | (i) Use variance. Permission to depart from the use requirements of a zoning ordinance 30 |
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| 407 | 407 | | where the applicant for the requested variance has shown by evidence upon the record that the 31 |
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| 408 | 408 | | subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the 32 |
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| 409 | 409 | | zoning ordinance. 33 |
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| 410 | 410 | | (ii) Dimensional variance. Permission to depart from the dimensional requirements of a 34 |
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| 411 | 411 | | |
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| 412 | 412 | | |
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| 413 | 413 | | LC002052 - Page 12 of 13 |
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| 414 | 414 | | zoning ordinance under the applicable standards set forth in § 45-24-41. 1 |
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| 415 | 415 | | (69)(70) Waters. As defined in § 46-12-1(23). 2 |
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| 416 | 416 | | (70)(71) Wetland, coastal. As defined in § 45-22.2-4. 3 |
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| 417 | 417 | | (71)(72) Wetland, freshwater. As defined in § 2-1-20. 4 |
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| 418 | 418 | | (72)(73) Zoning certificate. A document signed by the zoning enforcement officer, as 5 |
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| 419 | 419 | | required in the zoning ordinance, that acknowledges that a use, structure, building, or lot either 6 |
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| 420 | 420 | | complies with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or 7 |
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| 421 | 421 | | is an authorized variance or modification therefrom. 8 |
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| 422 | 422 | | (73)(74) Zoning map. The map, or maps, that are a part of the zoning ordinance and that 9 |
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| 423 | 423 | | delineate the boundaries of all mapped zoning districts within the physical boundary of the city or 10 |
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| 424 | 424 | | town. 11 |
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| 425 | 425 | | (74)(75) Zoning ordinance. An ordinance enacted by the legislative body of the city or 12 |
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| 426 | 426 | | town pursuant to this chapter and in the manner providing for the adoption of ordinances in the city 13 |
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| 427 | 427 | | or town’s legislative or home rule charter, if any, that establish regulations and standards relating 14 |
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| 428 | 428 | | to the nature and extent of uses of land and structures; that is consistent with the comprehensive 15 |
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| 429 | 429 | | plan of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that 16 |
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| 430 | 430 | | complies with the provisions of this chapter. 17 |
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| 431 | 431 | | (75)(76) Zoning use district. The basic unit in zoning, either mapped or unmapped, to 18 |
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| 432 | 432 | | which a uniform set of regulations applies, or a uniform set of regulations for a specified use. 19 |
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| 433 | 433 | | Zoning use districts include, but are not limited to: agricultural, commercial, industrial, 20 |
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| 434 | 434 | | institutional, open space, and residential. Each district may include sub-districts. Districts may be 21 |
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| 435 | 435 | | combined. 22 |
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| 436 | 436 | | SECTION 3. If any portion of this law is found by a court of competent jurisdiction to be 23 |
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| 437 | 437 | | unlawful, such finding shall not affect any other portion of said law not specifically so found. 24 |
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| 438 | 438 | | SECTION 4. This act shall take effect upon passage. 25 |
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| 439 | 439 | | ======== |
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| 440 | 440 | | LC002052 |
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| 441 | 441 | | ======== |
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| 442 | 442 | | |
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| 443 | 443 | | |
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| 444 | 444 | | LC002052 - Page 13 of 13 |
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| 445 | 445 | | EXPLANATION |
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| 446 | 446 | | BY THE LEGISLATIVE COUNCIL |
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| 447 | 447 | | OF |
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| 448 | 448 | | A N A C T |
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| 449 | 449 | | RELATING TO TOWNS AN D CITIES -- ZONING ORDINANCE |
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| 450 | 450 | | *** |
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| 451 | 451 | | This act would provide among the purposes of zoning ordinances, the duty to affirmatively 1 |
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| 452 | 452 | | further fair housing. 2 |
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| 453 | 453 | | This act would take effect upon passage. 3 |
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| 454 | 454 | | ======== |
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| 455 | 455 | | LC002052 |
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| 456 | 456 | | ======== |
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