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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- S 0501 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000971 |
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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 HEALTH AND SAFETY -- STATE BUILDING CODE -- |
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| 16 | 16 | | ADMINISTRATION AND ENFORCEMENT |
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| 17 | 17 | | Introduced By: Senators Bissaillon, Britto, Mack, Acosta, Rogers, Quezada, Lawson, |
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| 18 | 18 | | Burke, and Bell |
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| 19 | 19 | | Date Introduced: February 26, 2025 |
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| 20 | 20 | | Referred To: Senate Housing & Municipal Government |
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| 21 | 21 | | |
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| 22 | 22 | | |
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| 23 | 23 | | It is enacted by the General Assembly as follows: |
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| 24 | 24 | | SECTION 1. Chapter 23-27.3 of the General Laws entitled "State Building Code" is hereby 1 |
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| 25 | 25 | | amended by adding thereto the following section: 2 |
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| 26 | 26 | | 23-27.3-101.2. Matters not covered. 3 |
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| 27 | 27 | | SAVE Units, as defined in § 45-24-31, are exempt from provisions of this code, except as 4 |
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| 28 | 28 | | to those requirements set forth in § 23-27.3-111.0. 5 |
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| 29 | 29 | | SECTION 2. Chapter 23-27.3 of the General Laws entitled "State Building Code" is hereby 6 |
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| 30 | 30 | | amended by adding thereto the following section: 7 |
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| 31 | 31 | | 23-27.3-111.0. SAVE Units -- Requirements. 8 |
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| 32 | 32 | | (a) SAVE Units as defined in § 45-24-31, that are provided as a permitted use pursuant to 9 |
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| 33 | 33 | | § 45-24-37, or as part of a municipality's exercise of limited emergency authority pursuant to § 45-10 |
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| 34 | 34 | | 24-78, shall be allowed under this code; provided that, the unit: 11 |
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| 35 | 35 | | (1) Is confirmed by the state fire marshal and/or a state building official or both, to comply 12 |
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| 36 | 36 | | with the following: 13 |
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| 37 | 37 | | (i) Standard requirements to qualify as a SAVE Unit shall include: 14 |
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| 38 | 38 | | (A) Climate control; 15 |
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| 39 | 39 | | (B) A locking door; 16 |
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| 40 | 40 | | (C) Hardwired smoke and carbon monoxide detectors; 17 |
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| 41 | 41 | | (D) A fire extinguisher; 18 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC000971 - Page 2 of 17 |
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| 45 | 45 | | (E) An egress window or secondary emergency egress door; 1 |
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| 46 | 46 | | (F) The unit meets at least class C fire rating of the International Building Code; and 2 |
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| 47 | 47 | | (2) Size requirement. Each unit shall have an interior floor area of not less than seventy 3 |
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| 48 | 48 | | square feet (70 sq. ft.) for one occupant; when more than one person occupies the unit, the required 4 |
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| 49 | 49 | | floor area shall be increased at the rate of fifty square feet (50 sq. ft.) for each occupant in excess 5 |
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| 50 | 50 | | of one; and the total interior floor area shall not exceed four hundred square feet (400 sq. ft.); and 6 |
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| 51 | 51 | | (3) Live loads requirement. SAVE Units shall be designed to resist intrusion of wind, rain, 7 |
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| 52 | 52 | | and snow and to support the following live loads: 8 |
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| 53 | 53 | | (i) Floor live loads of not less than forty pounds (40 lbs.) per square foot of floor area; 9 |
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| 54 | 54 | | (ii) Horizontal live loads of not less than fifteen pounds (15 lbs.) per square foot of vertical 10 |
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| 55 | 55 | | wall and roof area; 11 |
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| 56 | 56 | | (iii) Roof live loads of not less than twenty pounds (20 lbs.) per square foot of horizontal 12 |
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| 57 | 57 | | roof area; 13 |
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| 58 | 58 | | (iv) In areas where snow loads are greater than twenty pounds (20 lbs.) per square foot, the 14 |
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| 59 | 59 | | roof shall be designed and constructed to resist these additional loads; and 15 |
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| 60 | 60 | | (4) Ceiling height requirement. Habitable space shall have a ceiling height of not less than 16 |
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| 61 | 61 | | eighty inches (80") and obstructions shall not extend below these minimum ceiling heights; and 17 |
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| 62 | 62 | | (5) Egress window requirement. The egress window shall: 18 |
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| 63 | 63 | | (i) Not be more than forty-four inches (44") above the floor; 19 |
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| 64 | 64 | | (ii) Have a minimum net clear opening height of twenty-four inches (24"); 20 |
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| 65 | 65 | | (iii) Have a minimum net clear opening width of twenty inches (20"); and 21 |
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| 66 | 66 | | (iv) Have a minimum net clear opening area of five square feet (5 sq. ft.); and 22 |
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| 67 | 67 | | (6) Plumbing and gas service requirement. If a SAVE Unit contains plumbing or gas 23 |
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| 68 | 68 | | service it shall comply with all applicable requirements of the building and fire codes for plumbing 24 |
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| 69 | 69 | | and gas service; and 25 |
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| 70 | 70 | | (7) Electrical requirement. SAVE Units shall be provided with all of the following installed 26 |
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| 71 | 71 | | in compliance with the applicable provisions of the electrical code: 27 |
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| 72 | 72 | | (i) A continuous source of electricity, except that the source may be an emergency 28 |
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| 73 | 73 | | generator or renewable source of power; 29 |
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| 74 | 74 | | (ii) A minimum of one interior light fixture; 30 |
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| 75 | 75 | | (iii) Electrical heating equipment listed for residential use and a dedicated receptacle outlet 31 |
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| 76 | 76 | | for the electrical heating equipment, unless a nonelectrical source of heating is provided; and 32 |
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| 77 | 77 | | (iv) At least one GFCI-protected receptacle outlet for use by the occupant(s); and 33 |
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| 78 | 78 | | (8) Ventilation requirement. SAVE Units shall be provided with means of ventilation 34 |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | LC000971 - Page 3 of 17 |
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| 82 | 82 | | (natural or mechanical) allowing for adequate air replacement; and 1 |
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| 83 | 83 | | (9) Accessory units such as bathrooms shall comply with the applicable code provisions 2 |
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| 84 | 84 | | for electrical, mechanical, plumbing, and gas service and shall contain climate control, a locking 3 |
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| 85 | 85 | | door, hardwired smoke and carbon monoxide detectors, a fire extinguisher, an egress window or 4 |
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| 86 | 86 | | secondary emergency egress door, adequate ventilation, meets at least class C fire rating of the 5 |
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| 87 | 87 | | International Building Code; shall have a minimum height of not less than seventy-six inches (76") 6 |
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| 88 | 88 | | and obstructions shall not extend below these minimum ceiling heights; and 7 |
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| 89 | 89 | | (10) Separation requirement. The SAVE Unit, when part of a community of SAVE Units, 8 |
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| 90 | 90 | | has a minimum separation between other SAVE Units of at least ten feet (10'). 9 |
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| 91 | 91 | | SECTION 3. Section 23-28.1-6 of the General Laws in Chapter 23-28.1 entitled 10 |
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| 92 | 92 | | "Comprehensive Fire Safety Act" is hereby amended to read as follows: 11 |
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| 93 | 93 | | 23-28.1-6. Applicability to new or existing structures. 12 |
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| 94 | 94 | | (a) All regulations contained in this code apply to all structures unless specifically 13 |
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| 95 | 95 | | exempted. Prior to a building permit, other than a foundation permit, being issued, all plans for 14 |
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| 96 | 96 | | buildings regulated under this code shall be submitted to the authority having jurisdiction. The 15 |
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| 97 | 97 | | authority having jurisdiction shall approve or disapprove the completed set of plans within a 16 |
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| 98 | 98 | | reasonable time not to exceed fifteen (15) days for fire alarm, smoke detection and/or carbon 17 |
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| 99 | 99 | | monoxide detector plans. The authority having jurisdiction shall further approve or disapprove a 18 |
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| 100 | 100 | | completed set of plans, covering any other project, within the specific time lines recommended by 19 |
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| 101 | 101 | | the state fire marshal, and established on or before October 15, 2010 within the rules and regulations 20 |
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| 102 | 102 | | of the state fire safety code board. In no case shall the authority having jurisdictional review of a 21 |
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| 103 | 103 | | completed set of plans exceed ninety (90) days to complete that review without the express written 22 |
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| 104 | 104 | | approval of the state fire marshal. The failure of an authority having jurisdiction to comply within 23 |
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| 105 | 105 | | the timelines established pursuant to this section, may result in the issuance of a building permit. 24 |
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| 106 | 106 | | The above examination of plans may be waived by the authority having jurisdiction when the plans 25 |
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| 107 | 107 | | for the erection or alteration of a building are prepared by a professional engineer or architect, 26 |
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| 108 | 108 | | licensed and/or registered by the State of Rhode Island, and the professional engineer or architect 27 |
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| 109 | 109 | | has stated in a written, signed and stamped document, that he or she has supervised the preparation 28 |
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| 110 | 110 | | of the applicable architectural, structural, electrical, mechanical, fire alarm and/or sprinkler design 29 |
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| 111 | 111 | | contract documents, and that he or she will review and approve all working drawings for 30 |
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| 112 | 112 | | construction, conduct on-site supervision of the construction process throughout the project, and 31 |
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| 113 | 113 | | that the project shall, to the best of his or her knowledge conform to all provisions of the fire safety 32 |
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| 114 | 114 | | code, and all rules and regulations, formal interpretations and blanket variances adopted under its 33 |
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| 115 | 115 | | provisions. When a change of use or type of occupancy is made in an existing building, the building 34 |
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| 116 | 116 | | |
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| 117 | 117 | | |
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| 118 | 118 | | LC000971 - Page 4 of 17 |
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| 119 | 119 | | shall conform to the requirements established by the rehabilitation building and fire code for 1 |
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| 120 | 120 | | existing buildings and structures, or if the rehabilitation building and fire code for existing 2 |
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| 121 | 121 | | structures is not applicable, to the requirements for new structures as related to the proposed use or 3 |
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| 122 | 122 | | type of occupancy. 4 |
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| 123 | 123 | | (b) In existing structures, since it is not always practical or efficient to strictly apply all of 5 |
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| 124 | 124 | | the provisions of the code, the authority having jurisdiction shall have the power to implement and 6 |
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| 125 | 125 | | enforce the provisions of the code as provided for in the Uniform Fire Code (NFPA 1) and the Life 7 |
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| 126 | 126 | | Safety Code (NFPA 101) with annexes, as applicable to existing structures, consistent with such 8 |
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| 127 | 127 | | rules and regulations as may be adopted and such decisions as may be rendered by the Fire Safety 9 |
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| 128 | 128 | | Code Board of Appeal and Review. 10 |
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| 129 | 129 | | (c) Application of the code to new and existing structures shall be consistent with such 11 |
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| 130 | 130 | | blanket variances, variances, and rules, as may be approved by the Fire Safety Code Board of 12 |
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| 131 | 131 | | Appeal and Review, and such modifications as may be issued in writing by the authority having 13 |
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| 132 | 132 | | jurisdiction, in accordance with NFPA 101, with annexes. 14 |
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| 133 | 133 | | (d) Specific exemptions. SAVE Units as defined in § 45-24-31 and permitted pursuant to 15 |
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| 134 | 134 | | § 23-27.3-111.0, whether currently available or to be provided in the future, that are allowed 16 |
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| 135 | 135 | | pursuant to § 45-24-37, or on an emergency basis as set forth in § 45-24-78, are exempt from the 17 |
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| 136 | 136 | | provisions of this chapter as well as related codes and regulations promulgated and enforced under 18 |
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| 137 | 137 | | this chapter. 19 |
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| 138 | 138 | | SECTION 4. Sections 45-24-31 and 45-24-37 of the General Laws in Chapter 45-24 20 |
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| 139 | 139 | | entitled "Zoning Ordinances" are hereby amended to read as follows: 21 |
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| 140 | 140 | | 45-24-31. Definitions. 22 |
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| 141 | 141 | | Where words or terms used in this chapter are defined in § 45-22.2-4 or § 45-23-32, they 23 |
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| 142 | 142 | | have the meanings stated in that section. In addition, the following words have the following 24 |
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| 143 | 143 | | meanings. Additional words and phrases may be used in developing local ordinances under this 25 |
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| 144 | 144 | | chapter; however, the words and phrases defined in this section are controlling in all local 26 |
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| 145 | 145 | | ordinances created under this chapter: 27 |
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| 146 | 146 | | (1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with 28 |
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| 147 | 147 | | no intervening land. 29 |
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| 148 | 148 | | (2) Accessory dwelling unit (ADU). A residential living unit on the same lot where the 30 |
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| 149 | 149 | | principal use is a legally established single-family dwelling unit or multi-family dwelling unit. An 31 |
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| 150 | 150 | | ADU provides complete independent living facilities for one or more persons. It may take various 32 |
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| 151 | 151 | | forms including, but not limited to: a detached unit; a unit that is part of an accessory structure, 33 |
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| 152 | 152 | | such as a detached garage; or a unit that is part of an expanded or remodeled primary dwelling. 34 |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | LC000971 - Page 5 of 17 |
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| 156 | 156 | | (3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental 1 |
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| 157 | 157 | | and subordinate to the principal use of the land or building. An accessory use may be restricted to 2 |
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| 158 | 158 | | the same lot as the principal use. An accessory use shall not be permitted without the principal use 3 |
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| 159 | 159 | | to which it is related. 4 |
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| 160 | 160 | | (4) Adaptive reuse. “Adaptive reuse,” as defined in § 42-64.22-2. 5 |
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| 161 | 161 | | (5) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be: 6 |
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| 162 | 162 | | (i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her, 7 |
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| 163 | 163 | | or its property will be injured by a decision of any officer or agency responsible for administering 8 |
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| 164 | 164 | | the zoning ordinance of a city or town; or 9 |
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| 165 | 165 | | (ii) Anyone requiring notice pursuant to this chapter. 10 |
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| 166 | 166 | | (6) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4. 11 |
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| 167 | 167 | | (7) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2. 12 |
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| 168 | 168 | | (8) Applicant. An owner, or authorized agent of the owner, submitting an application or 13 |
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| 169 | 169 | | appealing an action of any official, board, or agency. 14 |
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| 170 | 170 | | (9) Application. The completed form, or forms, and all accompanying documents, exhibits, 15 |
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| 171 | 171 | | and fees required of an applicant by an approving authority for development review, approval, or 16 |
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| 172 | 172 | | permitting purposes. 17 |
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| 173 | 173 | | (10) Buffer. Land that is maintained in either a natural or landscaped state, and is used to 18 |
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| 174 | 174 | | screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-way. 19 |
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| 175 | 175 | | (11) Building. Any structure used or intended for supporting or sheltering any use or 20 |
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| 176 | 176 | | occupancy. 21 |
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| 177 | 177 | | (12) Building envelope. The three-dimensional space within which a structure is permitted 22 |
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| 178 | 178 | | to be built on a lot and that is defined by regulations governing building setbacks, maximum height, 23 |
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| 179 | 179 | | and bulk; by other regulations; or by any combination thereof. 24 |
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| 180 | 180 | | (13) Building height. For a vacant parcel of land, building height shall be measured from 25 |
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| 181 | 181 | | the average, existing-grade elevation where the foundation of the structure is proposed. For an 26 |
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| 182 | 182 | | existing structure, building height shall be measured from average grade taken from the outermost 27 |
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| 183 | 183 | | four (4) corners of the existing foundation. In all cases, building height shall be measured to the top 28 |
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| 184 | 184 | | of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, 29 |
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| 185 | 185 | | chimneys, flag poles, and the like. For any property or structure located in a special flood hazard 30 |
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| 186 | 186 | | area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the 31 |
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| 187 | 187 | | Rhode Island coastal resources management council (CRMC) suggested design elevation three foot 32 |
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| 188 | 188 | | (3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-year (100) 33 |
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| 189 | 189 | | storm, the greater of the following amounts, expressed in feet, shall be excluded from the building 34 |
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| 190 | 190 | | |
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| 191 | 191 | | |
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| 192 | 192 | | LC000971 - Page 6 of 17 |
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| 193 | 193 | | height calculation: 1 |
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| 194 | 194 | | (i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or 2 |
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| 195 | 195 | | proposed freeboard, less the average existing grade elevation; or 3 |
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| 196 | 196 | | (ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a 4 |
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| 197 | 197 | | one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate 5 |
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| 198 | 198 | | the appropriate suggested design elevation map for the exclusion every ten (10) years, or as 6 |
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| 199 | 199 | | otherwise necessary. 7 |
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| 200 | 200 | | (14) Cluster. A site-planning technique that concentrates buildings in specific areas on the 8 |
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| 201 | 201 | | site to allow the remaining land to be used for recreation, common open space, and/or preservation 9 |
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| 202 | 202 | | of environmentally, historically, culturally, or other sensitive features and/or structures. The 10 |
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| 203 | 203 | | techniques used to concentrate buildings shall be specified in the ordinance and may include, but 11 |
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| 204 | 204 | | are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the 12 |
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| 205 | 205 | | resultant open land being devoted by deed restrictions for one or more uses. Under cluster 13 |
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| 206 | 206 | | development, there is no increase in the number of lots that would be permitted under conventional 14 |
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| 207 | 207 | | development except where ordinance provisions include incentive bonuses for certain types or 15 |
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| 208 | 208 | | conditions of development. 16 |
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| 209 | 209 | | (15) Common ownership. Either: 17 |
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| 210 | 210 | | (i) Ownership by one or more individuals or entities in any form of ownership of two (2) 18 |
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| 211 | 211 | | or more contiguous lots; or 19 |
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| 212 | 212 | | (ii) Ownership by any association (ownership may also include a municipality) of one or 20 |
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| 213 | 213 | | more lots under specific development techniques. 21 |
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| 214 | 214 | | (16) Community residence. A home or residential facility where children and/or adults 22 |
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| 215 | 215 | | reside in a family setting and may or may not receive supervised care. This does not include halfway 23 |
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| 216 | 216 | | houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the 24 |
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| 217 | 217 | | following: 25 |
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| 218 | 218 | | (i) Whenever six (6) or fewer children or adults with intellectual and/or developmental 26 |
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| 219 | 219 | | disability reside in any type of residence in the community, as licensed by the state pursuant to 27 |
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| 220 | 220 | | chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community 28 |
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| 221 | 221 | | residences; 29 |
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| 222 | 222 | | (ii) A group home providing care or supervision, or both, to not more than eight (8) persons 30 |
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| 223 | 223 | | with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1; 31 |
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| 224 | 224 | | (iii) A residence for children providing care or supervision, or both, to not more than eight 32 |
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| 225 | 225 | | (8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of 33 |
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| 226 | 226 | | title 42; 34 |
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| 227 | 227 | | |
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| 228 | 228 | | |
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| 229 | 229 | | LC000971 - Page 7 of 17 |
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| 230 | 230 | | (iv) A community transitional residence providing care or assistance, or both, to no more 1 |
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| 231 | 231 | | than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) 2 |
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| 232 | 232 | | persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, 3 |
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| 233 | 233 | | abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor 4 |
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| 234 | 234 | | more than two (2) years. Residents will have access to, and use of, all common areas, including 5 |
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| 235 | 235 | | eating areas and living rooms, and will receive appropriate social services for the purpose of 6 |
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| 236 | 236 | | fostering independence, self-sufficiency, and eventual transition to a permanent living situation. 7 |
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| 237 | 237 | | (17) Comprehensive plan. The comprehensive plan adopted and approved pursuant to 8 |
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| 238 | 238 | | chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in 9 |
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| 239 | 239 | | compliance. 10 |
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| 240 | 240 | | (18) Day care — Daycare center. Any other daycare center that is not a family daycare 11 |
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| 241 | 241 | | home. 12 |
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| 242 | 242 | | (19) Day care — Family daycare home. Any home, other than the individual’s home, in 13 |
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| 243 | 243 | | which day care in lieu of parental care or supervision is offered at the same time to six (6) or less 14 |
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| 244 | 244 | | individuals who are not relatives of the caregiver, but may not contain more than a total of eight 15 |
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| 245 | 245 | | (8) individuals receiving day care. 16 |
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| 246 | 246 | | (20) Density, residential. The number of dwelling units per unit of land. 17 |
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| 247 | 247 | | (21) Development. The construction, reconstruction, conversion, structural alteration, 18 |
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| 248 | 248 | | relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; 19 |
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| 249 | 249 | | or any change in use, or alteration or extension of the use, of land. 20 |
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| 250 | 250 | | (22) Development plan review. See §§ 45-23-32 and 45-23-50. 21 |
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| 251 | 251 | | (23) District. See “zoning use district.” 22 |
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| 252 | 252 | | (24) Drainage system. A system for the removal of water from land by drains, grading, or 23 |
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| 253 | 253 | | other appropriate means. These techniques may include runoff controls to minimize erosion and 24 |
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| 254 | 254 | | sedimentation during and after construction or development; the means for preserving surface and 25 |
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| 255 | 255 | | groundwaters; and the prevention and/or alleviation of flooding. 26 |
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| 256 | 256 | | (25) Dwelling unit. A structure, or portion of a structure, providing complete, independent 27 |
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| 257 | 257 | | living facilities for one or more persons, including permanent provisions for living, sleeping, eating, 28 |
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| 258 | 258 | | cooking, and sanitation, and containing a separate means of ingress and egress. 29 |
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| 259 | 259 | | (26) Extractive industry. The extraction of minerals, including: solids, such as coal and 30 |
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| 260 | 260 | | ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes 31 |
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| 261 | 261 | | quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other 32 |
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| 262 | 262 | | preparation customarily done at the extraction site or as a part of the extractive activity. 33 |
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| 263 | 263 | | (27) Family member. A person, or persons, related by blood, marriage, or other legal 34 |
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| 264 | 264 | | |
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| 265 | 265 | | |
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| 266 | 266 | | LC000971 - Page 8 of 17 |
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| 267 | 267 | | means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, 1 |
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| 268 | 268 | | grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household. 2 |
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| 269 | 269 | | (28) Floating zone. An unmapped zoning district adopted within the ordinance that is 3 |
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| 270 | 270 | | established on the zoning map only when an application for development, meeting the zone 4 |
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| 271 | 271 | | requirements, is approved. 5 |
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| 272 | 272 | | (29) Floodplains, or Flood hazard area. As defined in § 45-22.2-4. 6 |
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| 273 | 273 | | (30) Freeboard. A factor of safety expressed in feet above the base flood elevation of a 7 |
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| 274 | 274 | | flood hazard area for purposes of floodplain management. Freeboard compensates for the many 8 |
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| 275 | 275 | | unknown factors that could contribute to flood heights, such as wave action, bridge openings, and 9 |
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| 276 | 276 | | the hydrological effect of urbanization of the watershed. 10 |
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| 277 | 277 | | (31) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3. 11 |
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| 278 | 278 | | (32) Halfway house. A residential facility for adults or children who have been 12 |
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| 279 | 279 | | institutionalized for criminal conduct and who require a group setting to facilitate the transition to 13 |
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| 280 | 280 | | a functional member of society. 14 |
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| 281 | 281 | | (33) Hardship. See § 45-24-41. 15 |
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| 282 | 282 | | (34) Historic district or historic site. As defined in § 45-22.2-4. 16 |
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| 283 | 283 | | (35) Home occupation. Any activity customarily carried out for gain by a resident, 17 |
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| 284 | 284 | | conducted as an accessory use in the resident’s dwelling unit. 18 |
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| 285 | 285 | | (36) Household. One or more persons living together in a single-dwelling unit, with 19 |
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| 286 | 286 | | common access to, and common use of, all living and eating areas and all areas and facilities for 20 |
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| 287 | 287 | | the preparation and storage of food within the dwelling unit. The term “household unit” is 21 |
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| 288 | 288 | | synonymous with the term “dwelling unit” for determining the number of units allowed within any 22 |
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| 289 | 289 | | structure on any lot in a zoning district. An individual household shall consist of any one of the 23 |
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| 290 | 290 | | following: 24 |
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| 291 | 291 | | (i) A family, which may also include servants and employees living with the family; or 25 |
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| 292 | 292 | | (ii) A person or group of unrelated persons living together. The maximum number may be 26 |
|---|
| 293 | 293 | | set by local ordinance, but this maximum shall not be less than one person per bedroom and shall 27 |
|---|
| 294 | 294 | | not exceed five (5) unrelated persons per dwelling. The maximum number shall not apply to 28 |
|---|
| 295 | 295 | | NARR-certified recovery residences. 29 |
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| 296 | 296 | | (37) Incentive zoning. The process whereby the local authority may grant additional 30 |
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| 297 | 297 | | development capacity in exchange for the developer’s provision of a public benefit or amenity as 31 |
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| 298 | 298 | | specified in local ordinances. 32 |
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| 299 | 299 | | (38) Infrastructure. Facilities and services needed to sustain residential, commercial, 33 |
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| 300 | 300 | | industrial, institutional, and other activities. 34 |
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| 301 | 301 | | |
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| 302 | 302 | | |
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| 303 | 303 | | LC000971 - Page 9 of 17 |
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| 304 | 304 | | (39) Land development project. As defined in § 45-23-32. 1 |
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| 305 | 305 | | (40) Lot. Either: 2 |
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| 306 | 306 | | (i) The basic development unit for determination of lot area, depth, and other dimensional 3 |
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| 307 | 307 | | regulations; or 4 |
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| 308 | 308 | | (ii) A parcel of land whose boundaries have been established by some legal instrument, 5 |
|---|
| 309 | 309 | | such as a recorded deed or recorded map, and that is recognized as a separate legal entity for 6 |
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| 310 | 310 | | purposes of transfer of title. 7 |
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| 311 | 311 | | (41) Lot area. The total area within the boundaries of a lot, excluding any street right-of-8 |
|---|
| 312 | 312 | | way, usually reported in acres or square feet. 9 |
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| 313 | 313 | | (42) Lot area, minimum. The smallest land area established by the local zoning ordinance 10 |
|---|
| 314 | 314 | | upon which a use, building, or structure may be located in a particular zoning district. 11 |
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| 315 | 315 | | (43) Lot building coverage. That portion of the lot that is, or may be, covered by buildings 12 |
|---|
| 316 | 316 | | and accessory buildings. 13 |
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| 317 | 317 | | (44) Lot depth. The distance measured from the front lot line to the rear lot line. For lots 14 |
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| 318 | 318 | | where the front and rear lot lines are not parallel, the lot depth is an average of the depth. 15 |
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| 319 | 319 | | (45) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall specify 16 |
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| 320 | 320 | | how noncontiguous frontage will be considered with regard to minimum frontage requirements. 17 |
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| 321 | 321 | | (46) Lot line. A line of record, bounding a lot, that divides one lot from another lot or from 18 |
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| 322 | 322 | | a public or private street or any other public or private space and shall include: 19 |
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| 323 | 323 | | (i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall 20 |
|---|
| 324 | 324 | | specify the method to be used to determine the front lot line on lots fronting on more than one 21 |
|---|
| 325 | 325 | | street, for example, corner and through lots; 22 |
|---|
| 326 | 326 | | (ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of 23 |
|---|
| 327 | 327 | | triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10′) in length 24 |
|---|
| 328 | 328 | | entirely within the lot, parallel to and at a maximum distance from, the front lot line; and 25 |
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| 329 | 329 | | (iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may 26 |
|---|
| 330 | 330 | | be a street lot line, depending on requirements of the local zoning ordinance. 27 |
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| 331 | 331 | | (47) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined 28 |
|---|
| 332 | 332 | | herein. 29 |
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| 333 | 333 | | (48) Lot, though. A lot that fronts upon two (2) parallel streets, or that fronts upon two (2) 30 |
|---|
| 334 | 334 | | streets that do not intersect at the boundaries of the lot. 31 |
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| 335 | 335 | | (49) Lot width. The horizontal distance between the side lines of a lot measured at right 32 |
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| 336 | 336 | | angles to its depth along a straight line parallel to the front lot line at the minimum front setback 33 |
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| 337 | 337 | | line. 34 |
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| 338 | 338 | | |
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| 339 | 339 | | |
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| 340 | 340 | | LC000971 - Page 10 of 17 |
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| 341 | 341 | | (50) Manufactured home. As used in this section, a manufactured home shall have the same 1 |
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| 342 | 342 | | definition as in 42 U.S.C. § 5402, meaning a structure, transportable in one or more sections, which, 2 |
|---|
| 343 | 343 | | in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in 3 |
|---|
| 344 | 344 | | length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is 4 |
|---|
| 345 | 345 | | built on a permanent chassis and designed to be used as a dwelling with a permanent foundation 5 |
|---|
| 346 | 346 | | connected to the required utilities, and includes the plumbing, heating, air-conditioning, and 6 |
|---|
| 347 | 347 | | electrical systems contained therein; except that such term shall include any structure that meets all 7 |
|---|
| 348 | 348 | | the requirements of this definition except the size requirements and with respect to which the 8 |
|---|
| 349 | 349 | | manufacturer voluntarily files a certification required by the United States Secretary of Housing 9 |
|---|
| 350 | 350 | | and Urban Development and complies with the standards established under chapter 70 of Title 42 10 |
|---|
| 351 | 351 | | of the United States Code; and except that such term shall not include any self-propelled 11 |
|---|
| 352 | 352 | | recreational vehicle. 12 |
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| 353 | 353 | | (51) Mere inconvenience. See § 45-24-41. 13 |
|---|
| 354 | 354 | | (52) Mixed use. A mixture of land uses within a single development, building, or tract. 14 |
|---|
| 355 | 355 | | (53) Modification. Permission granted and administered by the zoning enforcement officer 15 |
|---|
| 356 | 356 | | of the city or town, and pursuant to the provisions of this chapter to grant a dimensional variance 16 |
|---|
| 357 | 357 | | other than lot area requirements from the zoning ordinance to a limited degree as determined by 17 |
|---|
| 358 | 358 | | the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) of each of 18 |
|---|
| 359 | 359 | | the applicable dimensional requirements. 19 |
|---|
| 360 | 360 | | (54) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully 20 |
|---|
| 361 | 361 | | existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with 21 |
|---|
| 362 | 362 | | the provisions of that ordinance or amendment. Nonconformance is of only two (2) types: 22 |
|---|
| 363 | 363 | | (i) Nonconforming by use: a lawfully established use of land, building, or structure that is 23 |
|---|
| 364 | 364 | | not a permitted use in that zoning district. A building or structure containing more dwelling units 24 |
|---|
| 365 | 365 | | than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or 25 |
|---|
| 366 | 366 | | (ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance 26 |
|---|
| 367 | 367 | | with the dimensional regulations of the zoning ordinance. Dimensional regulations include all 27 |
|---|
| 368 | 368 | | regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building 28 |
|---|
| 369 | 369 | | or structure containing more dwelling units than are permitted by the use regulations of a zoning 29 |
|---|
| 370 | 370 | | ordinance is nonconforming by use; a building or structure containing a permitted number of 30 |
|---|
| 371 | 371 | | dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per 31 |
|---|
| 372 | 372 | | dwelling unit regulations, is nonconforming by dimension. 32 |
|---|
| 373 | 373 | | (55) Overlay district. A district established in a zoning ordinance that is superimposed on 33 |
|---|
| 374 | 374 | | one or more districts or parts of districts. The standards and requirements associated with an overlay 34 |
|---|
| 375 | 375 | | |
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| 376 | 376 | | |
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| 377 | 377 | | LC000971 - Page 11 of 17 |
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| 378 | 378 | | district may be more or less restrictive than those in the underlying districts consistent with other 1 |
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| 379 | 379 | | applicable state and federal laws. 2 |
|---|
| 380 | 380 | | (56) Performance standards. A set of criteria or limits relating to elements that a particular 3 |
|---|
| 381 | 381 | | use or process must either meet or may not exceed. 4 |
|---|
| 382 | 382 | | (57) Permitted use. A use by right that is specifically authorized in a particular zoning 5 |
|---|
| 383 | 383 | | district. 6 |
|---|
| 384 | 384 | | (58) Planned development. A “land development project,” as defined in subsection (39), 7 |
|---|
| 385 | 385 | | and developed according to plan as a single entity and containing one or more structures or uses 8 |
|---|
| 386 | 386 | | with appurtenant common areas. 9 |
|---|
| 387 | 387 | | (59) Plant agriculture. The growing of plants for food or fiber, to sell or consume. 10 |
|---|
| 388 | 388 | | (60) Preapplication conference. A review meeting of a proposed development held between 11 |
|---|
| 389 | 389 | | applicants and reviewing agencies as permitted by law and municipal ordinance, before formal 12 |
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| 390 | 390 | | submission of an application for a permit or for development approval. 13 |
|---|
| 391 | 391 | | (61) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance of 14 |
|---|
| 392 | 392 | | the required setback for the zoning district in which the lot is located that establishes the area within 15 |
|---|
| 393 | 393 | | which the principal structure must be erected or placed. 16 |
|---|
| 394 | 394 | | (62) Site plan. The development plan for one or more lots on which is shown the existing 17 |
|---|
| 395 | 395 | | and/or the proposed conditions of the lot. 18 |
|---|
| 396 | 396 | | (63) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface 19 |
|---|
| 397 | 397 | | of the ground. 20 |
|---|
| 398 | 398 | | (64) Special use. A regulated use that is permitted pursuant to the special-use permit issued 21 |
|---|
| 399 | 399 | | by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a special 22 |
|---|
| 400 | 400 | | exception. 23 |
|---|
| 401 | 401 | | (65) Structure. A combination of materials to form a construction for use, occupancy, or 24 |
|---|
| 402 | 402 | | ornamentation, whether installed on, above, or below the surface of land or water. 25 |
|---|
| 403 | 403 | | (66) Substandard lot of record. Any lot lawfully existing at the time of adoption or 26 |
|---|
| 404 | 404 | | amendment of a zoning ordinance and not in conformance with the dimensional or area provisions 27 |
|---|
| 405 | 405 | | of that ordinance. 28 |
|---|
| 406 | 406 | | (67) Supportive and versatile emergency units ("SAVE Units"). A structure intended for 29 |
|---|
| 407 | 407 | | temporary and transitional residential occupancy which complies with § 23-27.3-111.0. A SAVE 30 |
|---|
| 408 | 408 | | Unit is intended to provide temporary safety and privacy for people experiencing homelessness and 31 |
|---|
| 409 | 409 | | to enable occupants to transition to permanent housing. 32 |
|---|
| 410 | 410 | | (67)(68) Use. The purpose or activity for which land or buildings are designed, arranged, 33 |
|---|
| 411 | 411 | | or intended, or for which land or buildings are occupied or maintained. 34 |
|---|
| 412 | 412 | | |
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| 413 | 413 | | |
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| 414 | 414 | | LC000971 - Page 12 of 17 |
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| 415 | 415 | | (68)(69) Variance. Permission to depart from the literal requirements of a zoning 1 |
|---|
| 416 | 416 | | ordinance. An authorization for the construction or maintenance of a building or structure, or for 2 |
|---|
| 417 | 417 | | the establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There 3 |
|---|
| 418 | 418 | | are only two (2) categories of variance, a use variance or a dimensional variance. 4 |
|---|
| 419 | 419 | | (i) Use variance. Permission to depart from the use requirements of a zoning ordinance 5 |
|---|
| 420 | 420 | | where the applicant for the requested variance has shown by evidence upon the record that the 6 |
|---|
| 421 | 421 | | subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the 7 |
|---|
| 422 | 422 | | zoning ordinance. 8 |
|---|
| 423 | 423 | | (ii) Dimensional variance. Permission to depart from the dimensional requirements of a 9 |
|---|
| 424 | 424 | | zoning ordinance under the applicable standards set forth in § 45-24-41. 10 |
|---|
| 425 | 425 | | (69)(70) Waters. As defined in § 46-12-1(23). 11 |
|---|
| 426 | 426 | | (70)(71) Wetland, coastal. As defined in § 45-22.2-4. 12 |
|---|
| 427 | 427 | | (71)(72) Wetland, freshwater. As defined in § 2-1-20. 13 |
|---|
| 428 | 428 | | (72)(73) Zoning certificate. A document signed by the zoning enforcement officer, as 14 |
|---|
| 429 | 429 | | required in the zoning ordinance, that acknowledges that a use, structure, building, or lot either 15 |
|---|
| 430 | 430 | | complies with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or 16 |
|---|
| 431 | 431 | | is an authorized variance or modification therefrom. 17 |
|---|
| 432 | 432 | | (73)(74) Zoning map. The map, or maps, that are a part of the zoning ordinance and that 18 |
|---|
| 433 | 433 | | delineate the boundaries of all mapped zoning districts within the physical boundary of the city or 19 |
|---|
| 434 | 434 | | town. 20 |
|---|
| 435 | 435 | | (74)(75) Zoning ordinance. An ordinance enacted by the legislative body of the city or 21 |
|---|
| 436 | 436 | | town pursuant to this chapter and in the manner providing for the adoption of ordinances in the city 22 |
|---|
| 437 | 437 | | or town’s legislative or home rule charter, if any, that establish regulations and standards relating 23 |
|---|
| 438 | 438 | | to the nature and extent of uses of land and structures; that is consistent with the comprehensive 24 |
|---|
| 439 | 439 | | plan of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that 25 |
|---|
| 440 | 440 | | complies with the provisions of this chapter. 26 |
|---|
| 441 | 441 | | (75)(76) Zoning use district. The basic unit in zoning, either mapped or unmapped, to 27 |
|---|
| 442 | 442 | | which a uniform set of regulations applies, or a uniform set of regulations for a specified use. 28 |
|---|
| 443 | 443 | | Zoning use districts include, but are not limited to: agricultural, commercial, industrial, 29 |
|---|
| 444 | 444 | | institutional, open space, and residential. Each district may include sub-districts. Districts may be 30 |
|---|
| 445 | 445 | | combined. 31 |
|---|
| 446 | 446 | | 45-24-37. General provisions — Permitted uses. 32 |
|---|
| 447 | 447 | | (a) The zoning ordinance shall provide a listing of all land uses and/or performance 33 |
|---|
| 448 | 448 | | standards for uses that are permitted within the zoning use districts of the municipality. The 34 |
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| 449 | 449 | | |
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| 450 | 450 | | |
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| 451 | 451 | | LC000971 - Page 13 of 17 |
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| 452 | 452 | | ordinance may provide for a procedure under which a proposed land use that is not specifically 1 |
|---|
| 453 | 453 | | listed may be presented by the property owner to the zoning board of review or to a local official 2 |
|---|
| 454 | 454 | | or agency charged with administration and enforcement of the ordinance for an evaluation and 3 |
|---|
| 455 | 455 | | determination of whether the proposed use is of a similar type, character, and intensity as a listed 4 |
|---|
| 456 | 456 | | permitted use. Upon such determination, the proposed use may be considered to be a permitted use. 5 |
|---|
| 457 | 457 | | (b) Notwithstanding any other provision of this chapter, the following uses are permitted 6 |
|---|
| 458 | 458 | | uses within all residential zoning use districts of a municipality and all industrial and commercial 7 |
|---|
| 459 | 459 | | zoning use districts except where residential use is prohibited for public health or safety reasons: 8 |
|---|
| 460 | 460 | | (1) Households; 9 |
|---|
| 461 | 461 | | (2) Community residences; and 10 |
|---|
| 462 | 462 | | (3) Family daycare homes. 11 |
|---|
| 463 | 463 | | (c) Any time a building or other structure used for residential purposes, or a portion of a 12 |
|---|
| 464 | 464 | | building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire 13 |
|---|
| 465 | 465 | | or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured home, 14 |
|---|
| 466 | 466 | | or homes, as the need may be, elsewhere upon the land, for use and occupancy of the former 15 |
|---|
| 467 | 467 | | occupants for a period of up to twelve (12) months, or until the building or structure is rehabilitated 16 |
|---|
| 468 | 468 | | and otherwise made fit for occupancy. The property owner, or a properly designated agent of the 17 |
|---|
| 469 | 469 | | owner, is only allowed to cause the mobile and manufactured home, or homes, to remain 18 |
|---|
| 470 | 470 | | temporarily upon the land by making timely application to the local building official for the 19 |
|---|
| 471 | 471 | | purposes of obtaining the necessary permits to repair or rebuild the structure. 20 |
|---|
| 472 | 472 | | (d) Notwithstanding any other provision of this chapter, appropriate access for people with 21 |
|---|
| 473 | 473 | | disabilities to residential structures is allowed as a reasonable accommodation for any person(s) 22 |
|---|
| 474 | 474 | | residing, or intending to reside, in the residential structure. 23 |
|---|
| 475 | 475 | | (e) Notwithstanding any other provision of this chapter, an accessory dwelling unit 24 |
|---|
| 476 | 476 | | (“ADU”) that meets the requirements of §§ 45-24-31 and 45-24-73(a) shall be a permitted use in 25 |
|---|
| 477 | 477 | | all residential zoning districts. An ADU that meets the requirements of §§ 45-24-31 and 45-24-26 |
|---|
| 478 | 478 | | 73(a) shall be permitted through an administrative building permit process only. 27 |
|---|
| 479 | 479 | | (f) When used in this section the terms “people with disabilities” or “member, or members, 28 |
|---|
| 480 | 480 | | with disabilities” means a person(s) who has a physical or mental impairment that substantially 29 |
|---|
| 481 | 481 | | limits one or more major life activities, as defined in 42-87-1(5). 30 |
|---|
| 482 | 482 | | (g) Notwithstanding any other provisions of this chapter, plant agriculture is a permitted 31 |
|---|
| 483 | 483 | | use within all zoning districts of a municipality, including all industrial and commercial zoning 32 |
|---|
| 484 | 484 | | districts, except where prohibited for public health or safety reasons or the protection of wildlife 33 |
|---|
| 485 | 485 | | habitat. 34 |
|---|
| 486 | 486 | | |
|---|
| 487 | 487 | | |
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| 488 | 488 | | LC000971 - Page 14 of 17 |
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| 489 | 489 | | (h) Adaptive reuse. Notwithstanding any other provisions of this chapter, adaptive reuse 1 |
|---|
| 490 | 490 | | for the conversion of any commercial building, including offices, schools, religious facilities, 2 |
|---|
| 491 | 491 | | medical buildings, and malls into residential units or mixed-use developments which include the 3 |
|---|
| 492 | 492 | | development of at least fifty percent (50%) of the existing gross floor area into residential units, 4 |
|---|
| 493 | 493 | | shall be a permitted use and allowed by specific and objective provisions of a zoning ordinance, 5 |
|---|
| 494 | 494 | | except where such is prohibited by environmental land use restrictions recorded on the property by 6 |
|---|
| 495 | 495 | | the state of Rhode Island department of environmental management or the United States 7 |
|---|
| 496 | 496 | | Environmental Protection Agency preventing the conversion to residential use. 8 |
|---|
| 497 | 497 | | (1) The specific zoning ordinance provisions for adaptive reuse shall exempt adaptive reuse 9 |
|---|
| 498 | 498 | | developments from off-street parking requirements of over one space per dwelling unit. 10 |
|---|
| 499 | 499 | | (2) Density. 11 |
|---|
| 500 | 500 | | (i) For projects that meet the following criteria, zoning ordinances shall allow for high 12 |
|---|
| 501 | 501 | | density development and shall not limit the density to less than fifteen (15) dwelling units per acre: 13 |
|---|
| 502 | 502 | | (A) Where the project is limited to the existing footprint, except that the footprint is allowed 14 |
|---|
| 503 | 503 | | to be expanded to accommodate upgrades related to the building and fire codes and utilities; and 15 |
|---|
| 504 | 504 | | (B) The development includes at least twenty percent (20%) low- and moderate-income 16 |
|---|
| 505 | 505 | | housing; and 17 |
|---|
| 506 | 506 | | (C) The development has access to public sewer and water service or has access to adequate 18 |
|---|
| 507 | 507 | | private water, such as a well and and/or wastewater treatment system(s) approved by the relevant 19 |
|---|
| 508 | 508 | | state agency for the entire development as applicable. 20 |
|---|
| 509 | 509 | | (ii) For all other adaptive reuse projects, the residential density permitted in the converted 21 |
|---|
| 510 | 510 | | structure shall be the maximum allowed that otherwise meets all standards of minimum housing 22 |
|---|
| 511 | 511 | | and has access to public sewer and water service or has access to adequate private water, such as a 23 |
|---|
| 512 | 512 | | well, and wastewater treatment system(s) approved by the relevant state agency for the entire 24 |
|---|
| 513 | 513 | | development, as applicable. The density proposed shall be determined to meet all public health and 25 |
|---|
| 514 | 514 | | safety standards. 26 |
|---|
| 515 | 515 | | (3) Notwithstanding any other provisions of this chapter, for adaptive reuse projects, 27 |
|---|
| 516 | 516 | | existing building setbacks shall remain and shall be considered legal nonconforming, but no 28 |
|---|
| 517 | 517 | | additional encroachments shall be permitted into any nonconforming setback, unless otherwise 29 |
|---|
| 518 | 518 | | allowed by zoning ordinance or relief is granted by the applicable authority. 30 |
|---|
| 519 | 519 | | (4) For adaptive reuse projects, notwithstanding any other provisions of this chapter, the 31 |
|---|
| 520 | 520 | | height of the existing structure, if it exceeds the maximum height of the zoning district, may remain 32 |
|---|
| 521 | 521 | | and shall be considered legal nonconforming, and any rooftop construction shall be included within 33 |
|---|
| 522 | 522 | | the height exemption. 34 |
|---|
| 523 | 523 | | |
|---|
| 524 | 524 | | |
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| 525 | 525 | | LC000971 - Page 15 of 17 |
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| 526 | 526 | | (i) Notwithstanding any other provisions of this chapter, all towns and cities may allow 1 |
|---|
| 527 | 527 | | manufactured homes that comply with § 23-27.3-109.1.3 as a type of single-family home on any 2 |
|---|
| 528 | 528 | | lot zoned for single-family use. Such home shall comply with all dimensional requirements of a 3 |
|---|
| 529 | 529 | | single-family home in the district or seek relief for the same under the provisions of this chapter. 4 |
|---|
| 530 | 530 | | (j) SAVE Units. Notwithstanding any other provision of this chapter, SAVE Units, as 5 |
|---|
| 531 | 531 | | defined in § 45-24-31, and their accessory units, such as bathrooms, if compliant with § 23-27.3-6 |
|---|
| 532 | 532 | | 111.0, shall be allowed by right in municipalities that have either allowed such by and through 7 |
|---|
| 533 | 533 | | zoning ordinance provisions or in municipalities that have exercised emergency authority pursuant 8 |
|---|
| 534 | 534 | | to § 45-24-78. 9 |
|---|
| 535 | 535 | | SECTION 5. Chapter 45-24 of the General Laws entitled "Zoning Ordinances" is hereby 10 |
|---|
| 536 | 536 | | amended by adding thereto the following section: 11 |
|---|
| 537 | 537 | | 45-24-78. Limited emergency authority. 12 |
|---|
| 538 | 538 | | (a) Notwithstanding any general or special law to the contrary or any ordinance, rule or 13 |
|---|
| 539 | 539 | | regulation to the contrary, a municipality, upon a declaration of emergency introduced by the 14 |
|---|
| 540 | 540 | | mayor, town administrator, or other equivalent chief executive officer, and approved by the 15 |
|---|
| 541 | 541 | | municipal council, which may be in the form of a resolution, may suspend application and 16 |
|---|
| 542 | 542 | | compliance with all planning and zoning procedures and the procedures set forth in §§ 45-24-47 17 |
|---|
| 543 | 543 | | through 45-24-55 and local building approval procedures in order to allow the construction of 18 |
|---|
| 544 | 544 | | SAVE Units, and their accessory units, which comply with the provisions of § 23-27.3-111.0. 19 |
|---|
| 545 | 545 | | (b) Such a declaration of an emergency shall only be for purposes of allowing for the 20 |
|---|
| 546 | 546 | | construction and temporary occupancy of SAVE Units during periods of severe weather or during 21 |
|---|
| 547 | 547 | | the aftermath of a natural or man-made disaster. 22 |
|---|
| 548 | 548 | | (c) Such a declaration of emergency shall only be valid for thirty (30) days, with the right 23 |
|---|
| 549 | 549 | | to renew the declaration, by vote of the municipal council, for another thirty (30) day period. The 24 |
|---|
| 550 | 550 | | total period for the emergency declaration shall not exceed one hundred and eighty (180) days per 25 |
|---|
| 551 | 551 | | year. 26 |
|---|
| 552 | 552 | | (d) Upon a declaration of an emergency pursuant to this section, the mayor, town 27 |
|---|
| 553 | 553 | | administrator, or other equivalent chief executive officer of the municipality shall, within thirty 28 |
|---|
| 554 | 554 | | (30) days of the declaration, and within every sixty days (60) thereafter, file a report with the 29 |
|---|
| 555 | 555 | | governor, the speaker of the house, and the president of the senate, with a copy to the municipal 30 |
|---|
| 556 | 556 | | council and the secretary of housing, providing information on the nature and extent of the 31 |
|---|
| 557 | 557 | | emergency, the actions taken by the municipality to address the emergency and the total number of 32 |
|---|
| 558 | 558 | | individuals being served by the SAVE Units. 33 |
|---|
| 559 | 559 | | (e) Nothing contained in this chapter shall prevent a municipality from allowing, on a non-34 |
|---|
| 560 | 560 | | |
|---|
| 561 | 561 | | |
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| 562 | 562 | | LC000971 - Page 16 of 17 |
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| 563 | 563 | | emergency basis, SAVE Units, provided the units comply with all applicable state building and fire 1 |
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| 564 | 564 | | code sections by right through the passage of a zoning ordinance amendment in accordance with 2 |
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| 565 | 565 | | the provisions of §§ 45-24-50 through 45-24-53 and are permitted pursuant to § 23-27.3-111.0. 3 |
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| 566 | 566 | | SECTION 6. Section 45-24.3-4 of the General Laws in Chapter 45-24.3 entitled "Housing 4 |
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| 567 | 567 | | Maintenance and Occupancy Code" is hereby amended to read as follows: 5 |
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| 568 | 568 | | 45-24.3-4. Applicability. 6 |
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| 569 | 569 | | (a) Every portion of a building or its premises used or intended to be used for the purpose 7 |
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| 570 | 570 | | of dwelling, living, eating, sleeping, or cooking, or occupancy, comply with the provisions of this 8 |
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| 571 | 571 | | chapter and with the rules and regulations adopted pursuant to this chapter irrespective of when the 9 |
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| 572 | 572 | | building was constructed, altered, or repaired, and irrespective of any permits or licenses issued for 10 |
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| 573 | 573 | | the use or occupancy of the dwelling and dwelling premises or structure, for the construction or 11 |
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| 574 | 574 | | repair of the dwelling or structure, or for the installation or repair of dwelling equipment prior to 12 |
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| 575 | 575 | | January 1, 1971. This chapter establishes minimum standards for the initial and continued 13 |
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| 576 | 576 | | occupancy of all dwellings and structures, and does not replace or modify standards otherwise 14 |
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| 577 | 577 | | established by the state or a corporate unit for the construction, repair, or use of a building or the 15 |
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| 578 | 578 | | installation of building equipment except as they may be in conflict with the provisions of this 16 |
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| 579 | 579 | | chapter as provided by § 45-24.3-19. 17 |
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| 580 | 580 | | (b) Matters governed by and conforming to the provisions of the State Building Code (§ 18 |
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| 581 | 581 | | 23-27.3-100.0 et seq.) shall prevail for all structures, dwellings, and dwelling units constructed, 19 |
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| 582 | 582 | | altered or repaired since July 1, 1977, providing the structure, dwelling or dwelling units conform 20 |
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| 583 | 583 | | in their entirety to the prevailing edition of the building codes in effect at the time of construction 21 |
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| 584 | 584 | | or occupancy, as evidenced by the date of issuance of a building permit issuance or date of issuance 22 |
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| 585 | 585 | | of a certificate of occupancy. 23 |
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| 586 | 586 | | (c) Except as specifically provided, the provisions of this chapter shall not apply to SAVE 24 |
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| 587 | 587 | | Units as defined in § 45-24-31 that are permitted pursuant to § 45-24-37 or § 45-24-78 and which 25 |
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| 588 | 588 | | comply with § 23-27.3-111.0. 26 |
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| 589 | 589 | | SECTION 7. This act shall take effect upon passage. 27 |
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| 590 | 590 | | ======== |
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| 591 | 591 | | LC000971 |
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| 594 | 594 | | |
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| 595 | 595 | | LC000971 - Page 17 of 17 |
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| 596 | 596 | | EXPLANATION |
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| 597 | 597 | | BY THE LEGISLATIVE COUNCIL |
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| 598 | 598 | | OF |
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| 599 | 599 | | A N A C T |
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| 600 | 600 | | RELATING TO HEALTH AND SAFETY -- STATE BUILDING CODE -- |
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| 601 | 601 | | ADMINISTRATION AND ENFORCEMENT |
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| 602 | 602 | | *** |
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| 603 | 603 | | This act would authorize municipalities to make an emergency declaration under limited 1 |
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| 604 | 604 | | circumstances to allow for the construction and use of SAVE Units on a temporary basis which 2 |
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| 605 | 605 | | have specialized requirements and exemptions from the state fire and building codes. This act 3 |
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| 606 | 606 | | would also include a provision for reports to be provided to the governor, the speaker of the house 4 |
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| 607 | 607 | | and the president of the senate regarding the nature of the emergency and the number of individuals 5 |
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| 608 | 608 | | served by SAVE Units. 6 |
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| 609 | 609 | | This act would take effect upon passage. 7 |
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| 611 | 611 | | LC000971 |
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