Rhode Island 2025 Regular Session

Rhode Island House Bill H5958 Compare Versions

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

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5	5	2025 -- H 5958
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7	7	LC001474
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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: Representatives Speakman, and Edwards
17	17	Date Introduced: February 28, 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
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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. 30
111	111	(b) On or before July 31, all A zoning ordinance may shall include special provisions for 31
112	112	any or all of the following: 32
113	113	(1) Authorizing development incentives, including, but not limited to, additional permitted 33
114	114	uses, increased development and density, or additional design or dimensional flexibility in 34
115	115
116	116
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118	118	exchange for: 1
119	119	(i) Increased open space; 2
120	120	(ii) Increased housing choices; 3
121	121	(iii) Traffic and pedestrian improvements; 4
122	122	(iv) Public and/or private facilities; and/or 5
123	123	(v) Other amenities as desired by the city or town and consistent with its comprehensive 6
124	124	plan. The provisions in the ordinance shall include maximum allowable densities of population 7
125	125	and/or intensities of use and shall indicate the type of improvements, amenities, and/or conditions. 8
126	126	Conditions may be made for donation in lieu of direct provisions for improvements or amenities; 9
127	127	(2) Establishing a system for transfer of development rights within or between zoning 10
128	128	districts designated in the zoning ordinance; and Implementing mixed-use overlay districts, as 11
129	129	defined in § 45-24-78, superimposed over at least thirty percent (30%) of commercial zoning use 12
130	130	districts in which any of the following uses are permitted: retail, hotel/motel, office, medical or 13
131	131	dental office, or personal service establishment: 14
132	132	(i) To alleviate administrative burdens for cities and towns, the department of housing shall 15
133	133	issue a guidance document, setting forth model ordinance language for mixed-use overlay districts 16
134	134	by December 31, 2025; 17
135	135	(ii) In the event that a city or town fails to implement mixed-use overlay districts, as 18
136	136	required by this section, the uses set forth in § 45-24-78(b) shall be permitted by right in any 19
137	137	commercial zoning use district in which any retail, hotel/motel, office, medical or dental office, or 20
138	138	personal service establishment are a permitted use. The department of housing shall promulgate 21
139	139	regulations for determining if a city or town is in compliance with this section. 22
140	140	(3) Regulating the development adjacent to designated scenic highways, scenic waterways, 23
141	141	major thoroughfares, public greenspaces, or other areas of special public investment or valuable 24
142	142	natural resources. 25
143	143	(c) A zoning ordinance may include special provisions for any or all of the following: 26
144	144	(1) Establishing a system for transfer of development rights within or between zoning 27
145	145	districts, designated in the zoning ordinance; and 28
146	146	(2) Regulating the development, adjacent to designated scenic highways, scenic 29
147	147	waterways, major thoroughfares, public greenspaces, or other areas of special public investment or 30
148	148	valuable natural resources. 31
149	149	(c)(d) Slope of land shall not be excluded from the calculation of the buildable lot area or 32
150	150	the minimum lot size, or in the calculation of the number of buildable lots or units. 33
151	151	(d)(e) Nothing in this section shall be construed to restrict a municipality’s right, within 34
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155	155	state and local regulations, to establish its own minimum lot size per zoning district in its town or 1
156	156	city. 2
157	157	SECTION 2. Chapter 45-24 of the General Laws entitled "Zoning Ordinances" is hereby 3
158	158	amended by adding thereto the following section: 4
159	159	45-24-78. Mixed use overlay districts. 5
160	160	(a) For the purposes of this section, a “mixed-use overlay district” is an overlay district 6
161	161	designed to promote complementary land uses, that promote both housing and economic 7
162	162	development, and which would not otherwise be possible under conventional zoning regulations, 8
163	163	that strictly separate commercial and residential land uses. 9
164	164	(b) The following uses shall be permitted in a mixed-use overlay district by right, in 10
165	165	addition to any uses permitted in the underlying zoning use district: 11
166	166	(1) Multifamily dwellings; and 12
167	167	(2) Mixed-use, where residential dwelling units are one of the uses within the development, 13
168	168	building or tract. 14
169	169	(c) A city or town may establish performance standards for development within a mixed-15
170	170	use overlay district; provided that, the standards shall allow: 16
171	171	(1) A building height of at least three (3) stories, at up to forty feet (40′); 17
172	172	(2) A floor area ratio of no less than one; 18
173	173	(3) Residential density of not less than one dwelling unit per one thousand two hundred 19
174	174	square feet (1,200 ft
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176	176	) of lot area; 20
177	177	(4) Dwelling units of any size; and 21
178	178	(5) No more than one off-street parking space per dwelling unit, which parking may be 22
179	179	provided off-site through a shared parking arrangement. 23
180	180	(d) A city or town may require that the ground floor of a multifamily development, within 24
181	181	a mixed-use overlay district be reserved for commercial use or be convertible to commercial use 25
182	182	by virtue of meeting specified design criteria. 26
183	183	(e) No person shall have a valid claim for private nuisance in a mixed-use overlay district, 27
184	184	where evidence exists that the conditions giving rise to the claim pre-dated the ownership or 28
185	185	tenancy of the claimant at a property. 29
186	186	SECTION 3. This act shall take effect upon passage. 30
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193	193	EXPLANATION
194	194	BY THE LEGISLATIVE COUNCIL
195	195	OF
196	196	A N A C T
197	197	RELATING TO TOWNS AN D CITIES -- ZONING ORDINANCES
198	198	***
199	199	Municipalities would be required to amend their zoning ordinances, to include special 1
200	200	listed provisions, which authorize development incentives to increase development density or 2
201	201	dimensional flexibility. The act would also identify several provisions to promote and regulate 3
202	202	commercial developments. Finally, it would identify uses that help development in mixed-use 4
203	203	overlap districts. 5
204	204	This act would take effect upon passage. 6
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