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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- S 0504 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001475 |
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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 -- SUBDIVISION OF LAND -- ZONING |
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| 16 | 16 | | ORDINANCES |
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| 17 | 17 | | Introduced By: Senators Kallman, Thompson, Zurier, Mack, DiPalma, Murray, |
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| 18 | 18 | | Bissaillon, DiMario, 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. Section 45-23-44 of the General Laws in Chapter 45-23 entitled "Subdivision 1 |
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| 25 | 25 | | of Land" is hereby amended to read as follows: 2 |
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| 26 | 26 | | 45-23-44. General provisions — Physical design requirements. 3 |
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| 27 | 27 | | (a) All local regulations shall specify, through reasonable, objective standards and criteria, 4 |
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| 28 | 28 | | all physical design requirements for subdivisions and land-development projects that are to be 5 |
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| 29 | 29 | | reviewed and approved pursuant to the regulations. Regulations shall specify all requirements and 6 |
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| 30 | 30 | | policies for subdivisions and land-development projects that are not contained in the municipality’s 7 |
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| 31 | 31 | | zoning ordinance. 8 |
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| 32 | 32 | | (b) Nothing in this section shall be construed to restrict a municipality’s right, within state 9 |
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| 33 | 33 | | and local regulations, to establish its own minimum lot size per zoning district in its town or city, 10 |
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| 34 | 34 | | except subject to subsection (g) of this section. 11 |
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| 35 | 35 | | (c) The slope of land shall not be excluded from the calculation of the buildable lot area or 12 |
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| 36 | 36 | | the minimum lot size, or in the calculation of the number of buildable lots or units. 13 |
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| 37 | 37 | | (d) Wetland buffers, as defined in § 2-1-20, shall be included in the calculation of a 14 |
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| 38 | 38 | | minimum lot area and in the total number of square feet or acres of a tract or parcel of land before 15 |
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| 39 | 39 | | calculating the maximum potential number of units or lots for development; provided, however, 16 |
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| 40 | 40 | | that this shall not apply to lots directly abutting surface reservoirs with direct withdrawals used for 17 |
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| 41 | 41 | | public drinking water. Nothing herein changes the definition and applicability of a “buildable lot” 18 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC001475 - Page 2 of 15 |
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| 45 | 45 | | as set forth under § 45-23-60(a)(4); and nothing herein permits the disturbance of wetlands or 1 |
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| 46 | 46 | | wetland buffers or otherwise alters the provisions of the freshwater wetlands act, § 2-1-18 et seq. 2 |
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| 47 | 47 | | (e) The requirements and policies may include, but are not limited to: requirements and 3 |
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| 48 | 48 | | policies for rights-of-way, open space, landscaping, connections of proposed streets and drainage 4 |
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| 49 | 49 | | systems with those of the surrounding neighborhood; public access through property to adjacent 5 |
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| 50 | 50 | | public property; and the relationship of proposed developments to natural and man-made features 6 |
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| 51 | 51 | | of the surrounding neighborhood. 7 |
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| 52 | 52 | | (f) The regulations shall specify all necessary findings, formulas for calculations, and 8 |
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| 53 | 53 | | procedures for meeting the requirements and policies. These requirements and policies apply to all 9 |
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| 54 | 54 | | subdivisions and land development projects reviewed and/or administered under the local 10 |
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| 55 | 55 | | regulations. 11 |
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| 56 | 56 | | (g) Local regulations shall be modified as needed to meet the purposes of § 45-24-78 12 |
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| 57 | 57 | | concerning attached single-family dwellings including, but not limited to, updated physical design 13 |
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| 58 | 58 | | requirements concerning minimum lot size, lot width, lot frontage, lot depth requirements, setbacks 14 |
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| 59 | 59 | | and street access. 15 |
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| 60 | 60 | | (1) In a land development project consisting of attached single-family dwellings, individual 16 |
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| 61 | 61 | | lots shall not be required to provide permanent physical access to a public street, regardless of lot 17 |
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| 62 | 62 | | frontage; provided that, the development as a whole, shall provide adequate permanent physical 18 |
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| 63 | 63 | | access to a public street consistent with local regulations. 19 |
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| 64 | 64 | | SECTION 2. Sections 45-24-31 and 45-24-37 of the General Laws in Chapter 45-24 20 |
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| 65 | 65 | | entitled "Zoning Ordinances" are hereby amended to read as follows: 21 |
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| 66 | 66 | | 45-24-31. Definitions. 22 |
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| 67 | 67 | | 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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| 68 | 68 | | have the meanings stated in that section. In addition, the following words have the following 24 |
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| 69 | 69 | | meanings. Additional words and phrases may be used in developing local ordinances under this 25 |
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| 70 | 70 | | chapter; however, the words and phrases defined in this section are controlling in all local 26 |
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| 71 | 71 | | ordinances created under this chapter: 27 |
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| 72 | 72 | | (1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with 28 |
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| 73 | 73 | | no intervening land. 29 |
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| 74 | 74 | | (2) Accessory dwelling unit (ADU). A residential living unit on the same lot where the 30 |
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| 75 | 75 | | principal use is a legally established single-family dwelling unit or multi-family dwelling unit. An 31 |
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| 76 | 76 | | ADU provides complete independent living facilities for one or more persons. It may take various 32 |
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| 77 | 77 | | forms including, but not limited to: a detached unit; a unit that is part of an accessory structure, 33 |
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| 78 | 78 | | such as a detached garage; or a unit that is part of an expanded or remodeled primary dwelling. 34 |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | LC001475 - Page 3 of 15 |
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| 82 | 82 | | (3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental 1 |
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| 83 | 83 | | and subordinate to the principal use of the land or building. An accessory use may be restricted to 2 |
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| 84 | 84 | | the same lot as the principal use. An accessory use shall not be permitted without the principal use 3 |
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| 85 | 85 | | to which it is related. 4 |
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| 86 | 86 | | (4) Adaptive reuse. “Adaptive reuse,” as defined in § 42-64.22-2. 5 |
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| 87 | 87 | | (5) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be: 6 |
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| 88 | 88 | | (i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her, 7 |
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| 89 | 89 | | or its property will be injured by a decision of any officer or agency responsible for administering 8 |
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| 90 | 90 | | the zoning ordinance of a city or town; or 9 |
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| 91 | 91 | | (ii) Anyone requiring notice pursuant to this chapter. 10 |
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| 92 | 92 | | (6) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4. 11 |
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| 93 | 93 | | (7) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2. 12 |
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| 94 | 94 | | (8) Applicant. An owner, or authorized agent of the owner, submitting an application or 13 |
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| 95 | 95 | | appealing an action of any official, board, or agency. 14 |
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| 96 | 96 | | (9) Application. The completed form, or forms, and all accompanying documents, exhibits, 15 |
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| 97 | 97 | | and fees required of an applicant by an approving authority for development review, approval, or 16 |
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| 98 | 98 | | permitting purposes. 17 |
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| 99 | 99 | | (10) Buffer. Land that is maintained in either a natural or landscaped state, and is used to 18 |
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| 100 | 100 | | screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-way. 19 |
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| 101 | 101 | | (11) Building. Any structure used or intended for supporting or sheltering any use or 20 |
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| 102 | 102 | | occupancy. 21 |
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| 103 | 103 | | (12) Building envelope. The three-dimensional space within which a structure is permitted 22 |
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| 104 | 104 | | to be built on a lot and that is defined by regulations governing building setbacks, maximum height, 23 |
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| 105 | 105 | | and bulk; by other regulations; or by any combination thereof. 24 |
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| 106 | 106 | | (13) Building height. For a vacant parcel of land, building height shall be measured from 25 |
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| 107 | 107 | | the average, existing-grade elevation where the foundation of the structure is proposed. For an 26 |
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| 108 | 108 | | existing structure, building height shall be measured from average grade taken from the outermost 27 |
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| 109 | 109 | | four (4) corners of the existing foundation. In all cases, building height shall be measured to the top 28 |
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| 110 | 110 | | of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, 29 |
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| 111 | 111 | | chimneys, flag poles, and the like. For any property or structure located in a special flood hazard 30 |
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| 112 | 112 | | area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the 31 |
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| 113 | 113 | | Rhode Island coastal resources management council (CRMC) suggested design elevation three foot 32 |
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| 114 | 114 | | (3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-year (100) 33 |
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| 115 | 115 | | storm, the greater of the following amounts, expressed in feet, shall be excluded from the building 34 |
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| 116 | 116 | | |
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| 117 | 117 | | |
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| 118 | 118 | | LC001475 - Page 4 of 15 |
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| 119 | 119 | | height calculation: 1 |
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| 120 | 120 | | (i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or 2 |
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| 121 | 121 | | proposed freeboard, less the average existing grade elevation; or 3 |
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| 122 | 122 | | (ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a 4 |
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| 123 | 123 | | one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate 5 |
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| 124 | 124 | | the appropriate suggested design elevation map for the exclusion every ten (10) years, or as 6 |
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| 125 | 125 | | otherwise necessary. 7 |
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| 126 | 126 | | (14) Cluster. A site-planning technique that concentrates buildings in specific areas on the 8 |
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| 127 | 127 | | site to allow the remaining land to be used for recreation, common open space, and/or preservation 9 |
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| 128 | 128 | | of environmentally, historically, culturally, or other sensitive features and/or structures. The 10 |
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| 129 | 129 | | techniques used to concentrate buildings shall be specified in the ordinance and may include, but 11 |
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| 130 | 130 | | are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the 12 |
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| 131 | 131 | | resultant open land being devoted by deed restrictions for one or more uses. Under cluster 13 |
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| 132 | 132 | | development, there is no increase in the number of lots that would be permitted under conventional 14 |
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| 133 | 133 | | development except where ordinance provisions include incentive bonuses for certain types or 15 |
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| 134 | 134 | | conditions of development. 16 |
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| 135 | 135 | | (15) Common ownership. Either: 17 |
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| 136 | 136 | | (i) Ownership by one or more individuals or entities in any form of ownership of two (2) 18 |
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| 137 | 137 | | or more contiguous lots; or 19 |
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| 138 | 138 | | (ii) Ownership by any association (ownership may also include a municipality) of one or 20 |
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| 139 | 139 | | more lots under specific development techniques. 21 |
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| 140 | 140 | | (16) Community residence. A home or residential facility where children and/or adults 22 |
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| 141 | 141 | | reside in a family setting and may or may not receive supervised care. This does not include halfway 23 |
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| 142 | 142 | | houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the 24 |
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| 143 | 143 | | following: 25 |
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| 144 | 144 | | (i) Whenever six (6) or fewer children or adults with intellectual and/or developmental 26 |
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| 145 | 145 | | disability reside in any type of residence in the community, as licensed by the state pursuant to 27 |
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| 146 | 146 | | chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community 28 |
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| 147 | 147 | | residences; 29 |
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| 148 | 148 | | (ii) A group home providing care or supervision, or both, to not more than eight (8) persons 30 |
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| 149 | 149 | | with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1; 31 |
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| 150 | 150 | | (iii) A residence for children providing care or supervision, or both, to not more than eight 32 |
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| 151 | 151 | | (8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of 33 |
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| 152 | 152 | | title 42; 34 |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | LC001475 - Page 5 of 15 |
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| 156 | 156 | | (iv) A community transitional residence providing care or assistance, or both, to no more 1 |
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| 157 | 157 | | 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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| 158 | 158 | | persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, 3 |
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| 159 | 159 | | abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor 4 |
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| 160 | 160 | | more than two (2) years. Residents will have access to, and use of, all common areas, including 5 |
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| 161 | 161 | | eating areas and living rooms, and will receive appropriate social services for the purpose of 6 |
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| 162 | 162 | | fostering independence, self-sufficiency, and eventual transition to a permanent living situation. 7 |
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| 163 | 163 | | (17) Comprehensive plan. The comprehensive plan adopted and approved pursuant to 8 |
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| 164 | 164 | | chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in 9 |
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| 165 | 165 | | compliance. 10 |
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| 166 | 166 | | (18) Day care — Daycare center. Any other daycare center that is not a family daycare 11 |
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| 167 | 167 | | home. 12 |
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| 168 | 168 | | (19) Day care — Family daycare home. Any home, other than the individual’s home, in 13 |
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| 169 | 169 | | 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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| 170 | 170 | | individuals who are not relatives of the caregiver, but may not contain more than a total of eight 15 |
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| 171 | 171 | | (8) individuals receiving day care. 16 |
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| 172 | 172 | | (20) Density, residential. The number of dwelling units per unit of land. 17 |
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| 173 | 173 | | (21) Development. The construction, reconstruction, conversion, structural alteration, 18 |
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| 174 | 174 | | relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; 19 |
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| 175 | 175 | | or any change in use, or alteration or extension of the use, of land. 20 |
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| 176 | 176 | | (22) Development plan review. See §§ 45-23-32 and 45-23-50. 21 |
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| 177 | 177 | | (23) District. See “zoning use district.” 22 |
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| 178 | 178 | | (24) Drainage system. A system for the removal of water from land by drains, grading, or 23 |
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| 179 | 179 | | other appropriate means. These techniques may include runoff controls to minimize erosion and 24 |
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| 180 | 180 | | sedimentation during and after construction or development; the means for preserving surface and 25 |
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| 181 | 181 | | groundwaters; and the prevention and/or alleviation of flooding. 26 |
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| 182 | 182 | | (25) Dwelling, attached single-family. A dwelling unit located within a residential structure 27 |
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| 183 | 183 | | containing two (2) or more dwelling units arranged side-by-side and attached by a party wall at the 28 |
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| 184 | 184 | | lot line, but with each dwelling located on a separate lot. This type of dwelling unit may also be 29 |
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| 185 | 185 | | referred to as a townhouse or rowhouse. 30 |
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| 186 | 186 | | (25)(26) Dwelling unit. A structure, or portion of a structure, providing complete, 31 |
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| 187 | 187 | | independent living facilities for one or more persons, including permanent provisions for living, 32 |
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| 188 | 188 | | sleeping, eating, cooking, and sanitation, and containing a separate means of ingress and egress. 33 |
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| 189 | 189 | | (26)(27) Extractive industry. The extraction of minerals, including: solids, such as coal and 34 |
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| 190 | 190 | | |
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| 191 | 191 | | |
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| 192 | 192 | | LC001475 - Page 6 of 15 |
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| 193 | 193 | | ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes 1 |
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| 194 | 194 | | quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other 2 |
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| 195 | 195 | | preparation customarily done at the extraction site or as a part of the extractive activity. 3 |
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| 196 | 196 | | (27)(28) Family member. A person, or persons, related by blood, marriage, or other legal 4 |
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| 197 | 197 | | means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, 5 |
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| 198 | 198 | | grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household. 6 |
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| 199 | 199 | | (28)(29) Floating zone. An unmapped zoning district adopted within the ordinance that is 7 |
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| 200 | 200 | | established on the zoning map only when an application for development, meeting the zone 8 |
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| 201 | 201 | | requirements, is approved. 9 |
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| 202 | 202 | | (29)(30) Floodplains, or Flood hazard area. As defined in § 45-22.2-4. 10 |
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| 203 | 203 | | (30)(31) Freeboard. A factor of safety expressed in feet above the base flood elevation of 11 |
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| 204 | 204 | | a flood hazard area for purposes of floodplain management. Freeboard compensates for the many 12 |
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| 205 | 205 | | unknown factors that could contribute to flood heights, such as wave action, bridge openings, and 13 |
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| 206 | 206 | | the hydrological effect of urbanization of the watershed. 14 |
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| 207 | 207 | | (31)(32) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3. 15 |
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| 208 | 208 | | (32)(33) Halfway house. A residential facility for adults or children who have been 16 |
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| 209 | 209 | | institutionalized for criminal conduct and who require a group setting to facilitate the transition to 17 |
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| 210 | 210 | | a functional member of society. 18 |
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| 211 | 211 | | (33)(34) Hardship. See § 45-24-41. 19 |
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| 212 | 212 | | (34)(35) Historic district or historic site. As defined in § 45-22.2-4. 20 |
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| 213 | 213 | | (35)(36) Home occupation. Any activity customarily carried out for gain by a resident, 21 |
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| 214 | 214 | | conducted as an accessory use in the resident’s dwelling unit. 22 |
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| 215 | 215 | | (36)(37) Household. One or more persons living together in a single-dwelling unit, with 23 |
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| 216 | 216 | | common access to, and common use of, all living and eating areas and all areas and facilities for 24 |
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| 217 | 217 | | the preparation and storage of food within the dwelling unit. The term “household unit” is 25 |
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| 218 | 218 | | synonymous with the term “dwelling unit” for determining the number of units allowed within any 26 |
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| 219 | 219 | | structure on any lot in a zoning district. An individual household shall consist of any one of the 27 |
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| 220 | 220 | | following: 28 |
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| 221 | 221 | | (i) A family, which may also include servants and employees living with the family; or 29 |
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| 222 | 222 | | (ii) A person or group of unrelated persons living together. The maximum number may be 30 |
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| 223 | 223 | | set by local ordinance, but this maximum shall not be less than one person per bedroom and shall 31 |
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| 224 | 224 | | not exceed five (5) unrelated persons per dwelling. The maximum number shall not apply to 32 |
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| 225 | 225 | | NARR-certified recovery residences. 33 |
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| 226 | 226 | | (37)(38) Incentive zoning. The process whereby the local authority may grant additional 34 |
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| 227 | 227 | | |
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| 228 | 228 | | |
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| 229 | 229 | | LC001475 - Page 7 of 15 |
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| 230 | 230 | | development capacity in exchange for the developer’s provision of a public benefit or amenity as 1 |
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| 231 | 231 | | specified in local ordinances. 2 |
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| 232 | 232 | | (38)(39) Infrastructure. Facilities and services needed to sustain residential, commercial, 3 |
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| 233 | 233 | | industrial, institutional, and other activities. 4 |
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| 234 | 234 | | (39)(40) Land development project. As defined in § 45-23-32. 5 |
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| 235 | 235 | | (40)(41) Lot. Either: 6 |
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| 236 | 236 | | (i) The basic development unit for determination of lot area, depth, and other dimensional 7 |
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| 237 | 237 | | regulations; or 8 |
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| 238 | 238 | | (ii) A parcel of land whose boundaries have been established by some legal instrument, 9 |
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| 239 | 239 | | such as a recorded deed or recorded map, and that is recognized as a separate legal entity for 10 |
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| 240 | 240 | | purposes of transfer of title. 11 |
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| 241 | 241 | | (41)(42) Lot area. The total area within the boundaries of a lot, excluding any street right-12 |
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| 242 | 242 | | of-way, usually reported in acres or square feet. 13 |
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| 243 | 243 | | (42)(43) Lot area, minimum. The smallest land area established by the local zoning 14 |
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| 244 | 244 | | ordinance upon which a use, building, or structure may be located in a particular zoning district. 15 |
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| 245 | 245 | | (43)(44) Lot building coverage. That portion of the lot that is, or may be, covered by 16 |
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| 246 | 246 | | buildings and accessory buildings. 17 |
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| 247 | 247 | | (44)(45) Lot depth. The distance measured from the front lot line to the rear lot line. For 18 |
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| 248 | 248 | | lots where the front and rear lot lines are not parallel, the lot depth is an average of the depth. 19 |
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| 249 | 249 | | (45)(46) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall 20 |
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| 250 | 250 | | specify how noncontiguous frontage will be considered with regard to minimum frontage 21 |
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| 251 | 251 | | requirements. 22 |
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| 252 | 252 | | (46)(47) Lot line. A line of record, bounding a lot, that divides one lot from another lot or 23 |
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| 253 | 253 | | from a public or private street or any other public or private space and shall include: 24 |
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| 254 | 254 | | (i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall 25 |
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| 255 | 255 | | specify the method to be used to determine the front lot line on lots fronting on more than one 26 |
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| 256 | 256 | | street, for example, corner and through lots; 27 |
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| 257 | 257 | | (ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of 28 |
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| 258 | 258 | | triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10′) in length 29 |
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| 259 | 259 | | entirely within the lot, parallel to and at a maximum distance from, the front lot line; and 30 |
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| 260 | 260 | | (iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may 31 |
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| 261 | 261 | | be a street lot line, depending on requirements of the local zoning ordinance. 32 |
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| 262 | 262 | | (47)(48) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined 33 |
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| 263 | 263 | | herein. 34 |
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| 264 | 264 | | |
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| 265 | 265 | | |
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| 266 | 266 | | LC001475 - Page 8 of 15 |
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| 267 | 267 | | (48)(49) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon two 1 |
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| 268 | 268 | | (2) streets that do not intersect at the boundaries of the lot. 2 |
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| 269 | 269 | | (49)(50) Lot width. The horizontal distance between the side lines of a lot measured at right 3 |
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| 270 | 270 | | angles to its depth along a straight line parallel to the front lot line at the minimum front setback 4 |
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| 271 | 271 | | line. 5 |
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| 272 | 272 | | (50)(51) Manufactured home. As used in this section, a manufactured home shall have the 6 |
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| 273 | 273 | | same definition as in 42 U.S.C. § 5402, meaning a structure, transportable in one or more sections, 7 |
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| 274 | 274 | | which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more 8 |
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| 275 | 275 | | in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is 9 |
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| 276 | 276 | | built on a permanent chassis and designed to be used as a dwelling with a permanent foundation 10 |
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| 277 | 277 | | connected to the required utilities, and includes the plumbing, heating, air-conditioning, and 11 |
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| 278 | 278 | | electrical systems contained therein; except that such term shall include any structure that meets 12 |
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| 279 | 279 | | all the requirements of this definition except the size requirements and with respect to which the 13 |
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| 280 | 280 | | manufacturer voluntarily files a certification required by the United States Secretary of Housing 14 |
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| 281 | 281 | | and Urban Development and complies with the standards established under chapter 70 of Title 42 15 |
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| 282 | 282 | | of the United States Code; and except that such term shall not include any self-propelled 16 |
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| 283 | 283 | | recreational vehicle. 17 |
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| 284 | 284 | | (51)(52) Mere inconvenience. See § 45-24-41. 18 |
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| 285 | 285 | | (52)(53) Mixed use. A mixture of land uses within a single development, building, or tract. 19 |
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| 286 | 286 | | (53)(54) Modification. Permission granted and administered by the zoning enforcement 20 |
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| 287 | 287 | | officer of the city or town, and pursuant to the provisions of this chapter to grant a dimensional 21 |
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| 288 | 288 | | variance other than lot area requirements from the zoning ordinance to a limited degree as 22 |
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| 289 | 289 | | determined by the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) 23 |
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| 290 | 290 | | of each of the applicable dimensional requirements. 24 |
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| 291 | 291 | | (54)(55) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully 25 |
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| 292 | 292 | | existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with 26 |
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| 293 | 293 | | the provisions of that ordinance or amendment. Nonconformance is of only two (2) types: 27 |
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| 294 | 294 | | (i) Nonconforming by use: a lawfully established use of land, building, or structure that is 28 |
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| 295 | 295 | | not a permitted use in that zoning district. A building or structure containing more dwelling units 29 |
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| 296 | 296 | | than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or 30 |
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| 297 | 297 | | (ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance 31 |
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| 298 | 298 | | with the dimensional regulations of the zoning ordinance. Dimensional regulations include all 32 |
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| 299 | 299 | | regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building 33 |
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| 300 | 300 | | or structure containing more dwelling units than are permitted by the use regulations of a zoning 34 |
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| 301 | 301 | | |
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| 302 | 302 | | |
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| 303 | 303 | | LC001475 - Page 9 of 15 |
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| 304 | 304 | | ordinance is nonconforming by use; a building or structure containing a permitted number of 1 |
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| 305 | 305 | | dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per 2 |
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| 306 | 306 | | dwelling unit regulations, is nonconforming by dimension. 3 |
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| 307 | 307 | | (55)(56) Overlay district. A district established in a zoning ordinance that is superimposed 4 |
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| 308 | 308 | | on one or more districts or parts of districts. The standards and requirements associated with an 5 |
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| 309 | 309 | | overlay district may be more or less restrictive than those in the underlying districts consistent with 6 |
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| 310 | 310 | | other applicable state and federal laws. 7 |
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| 311 | 311 | | (56)(57) Performance standards. A set of criteria or limits relating to elements that a 8 |
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| 312 | 312 | | particular use or process must either meet or may not exceed. 9 |
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| 313 | 313 | | (57)(58) Permitted use. A use by right that is specifically authorized in a particular zoning 10 |
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| 314 | 314 | | district. 11 |
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| 315 | 315 | | (58)(59) Planned development. A “land development project,” as defined in subsection 12 |
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| 316 | 316 | | (39), and developed according to plan as a single entity and containing one or more structures or 13 |
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| 317 | 317 | | uses with appurtenant common areas. 14 |
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| 318 | 318 | | (59)(60) Plant agriculture. The growing of plants for food or fiber, to sell or consume. 15 |
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| 319 | 319 | | (60)(61) Preapplication conference. A review meeting of a proposed development held 16 |
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| 320 | 320 | | between applicants and reviewing agencies as permitted by law and municipal ordinance, before 17 |
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| 321 | 321 | | formal submission of an application for a permit or for development approval. 18 |
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| 322 | 322 | | (61)(62) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance 19 |
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| 323 | 323 | | of the required setback for the zoning district in which the lot is located that establishes the area 20 |
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| 324 | 324 | | within which the principal structure must be erected or placed. 21 |
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| 325 | 325 | | (62)(63) Site plan. The development plan for one or more lots on which is shown the 22 |
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| 326 | 326 | | existing and/or the proposed conditions of the lot. 23 |
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| 327 | 327 | | (63)(64) Slope of land. The grade, pitch, rise, or incline of the topographic landform or 24 |
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| 328 | 328 | | surface of the ground. 25 |
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| 329 | 329 | | (64)(65) Special use. A regulated use that is permitted pursuant to the special-use permit 26 |
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| 330 | 330 | | issued by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a 27 |
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| 331 | 331 | | special exception. 28 |
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| 332 | 332 | | (65)(66) Structure. A combination of materials to form a construction for use, occupancy, 29 |
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| 333 | 333 | | or ornamentation, whether installed on, above, or below the surface of land or water. 30 |
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| 334 | 334 | | (66)(67) Substandard lot of record. Any lot lawfully existing at the time of adoption or 31 |
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| 335 | 335 | | amendment of a zoning ordinance and not in conformance with the dimensional or area provisions 32 |
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| 336 | 336 | | of that ordinance. 33 |
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| 337 | 337 | | (67)(68) Use. The purpose or activity for which land or buildings are designed, arranged, 34 |
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| 338 | 338 | | |
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| 339 | 339 | | |
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| 340 | 340 | | LC001475 - Page 10 of 15 |
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| 341 | 341 | | or intended, or for which land or buildings are occupied or maintained. 1 |
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| 342 | 342 | | (68)(69) Variance. Permission to depart from the literal requirements of a zoning 2 |
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| 343 | 343 | | ordinance. An authorization for the construction or maintenance of a building or structure, or for 3 |
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| 344 | 344 | | the establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There 4 |
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| 345 | 345 | | are only two (2) categories of variance, a use variance or a dimensional variance. 5 |
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| 346 | 346 | | (i) Use variance. Permission to depart from the use requirements of a zoning ordinance 6 |
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| 347 | 347 | | where the applicant for the requested variance has shown by evidence upon the record that the 7 |
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| 348 | 348 | | subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the 8 |
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| 349 | 349 | | zoning ordinance. 9 |
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| 350 | 350 | | (ii) Dimensional variance. Permission to depart from the dimensional requirements of a 10 |
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| 351 | 351 | | zoning ordinance under the applicable standards set forth in § 45-24-41. 11 |
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| 352 | 352 | | (69)(70) Waters. As defined in § 46-12-1(23). 12 |
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| 353 | 353 | | (70)(71) Wetland, coastal. As defined in § 45-22.2-4. 13 |
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| 354 | 354 | | (71)(72) Wetland, freshwater. As defined in § 2-1-20. 14 |
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| 355 | 355 | | (72)(73) Zoning certificate. A document signed by the zoning enforcement officer, as 15 |
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| 356 | 356 | | required in the zoning ordinance, that acknowledges that a use, structure, building, or lot either 16 |
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| 357 | 357 | | complies with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or 17 |
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| 358 | 358 | | is an authorized variance or modification therefrom. 18 |
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| 359 | 359 | | (73)(74) Zoning map. The map, or maps, that are a part of the zoning ordinance and that 19 |
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| 360 | 360 | | delineate the boundaries of all mapped zoning districts within the physical boundary of the city or 20 |
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| 361 | 361 | | town. 21 |
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| 362 | 362 | | (74)(75) Zoning ordinance. An ordinance enacted by the legislative body of the city or 22 |
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| 363 | 363 | | town pursuant to this chapter and in the manner providing for the adoption of ordinances in the city 23 |
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| 364 | 364 | | or town’s legislative or home rule charter, if any, that establish regulations and standards relating 24 |
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| 365 | 365 | | to the nature and extent of uses of land and structures; that is consistent with the comprehensive 25 |
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| 366 | 366 | | plan of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that 26 |
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| 367 | 367 | | complies with the provisions of this chapter. 27 |
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| 368 | 368 | | (75)(76) Zoning use district. The basic unit in zoning, either mapped or unmapped, to 28 |
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| 369 | 369 | | which a uniform set of regulations applies, or a uniform set of regulations for a specified use. 29 |
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| 370 | 370 | | Zoning use districts include, but are not limited to: agricultural, commercial, industrial, 30 |
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| 371 | 371 | | institutional, open space, and residential. Each district may include sub-districts. Districts may be 31 |
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| 372 | 372 | | combined. 32 |
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| 373 | 373 | | 45-24-37. General provisions — Permitted uses. 33 |
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| 374 | 374 | | (a) The zoning ordinance shall provide a listing of all land uses and/or performance 34 |
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| 375 | 375 | | |
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| 376 | 376 | | |
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| 377 | 377 | | LC001475 - Page 11 of 15 |
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| 378 | 378 | | standards for uses that are permitted within the zoning use districts of the municipality. The 1 |
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| 379 | 379 | | ordinance may provide for a procedure under which a proposed land use that is not specifically 2 |
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| 380 | 380 | | listed may be presented by the property owner to the zoning board of review or to a local official 3 |
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| 381 | 381 | | or agency charged with administration and enforcement of the ordinance for an evaluation and 4 |
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| 382 | 382 | | determination of whether the proposed use is of a similar type, character, and intensity as a listed 5 |
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| 383 | 383 | | permitted use. Upon such determination, the proposed use may be considered to be a permitted use. 6 |
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| 384 | 384 | | (b) Notwithstanding any other provision of this chapter, the following uses are permitted 7 |
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| 385 | 385 | | uses within all residential zoning use districts of a municipality and all industrial and commercial 8 |
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| 386 | 386 | | zoning use districts except where residential use is prohibited for public health or safety reasons: 9 |
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| 387 | 387 | | (1) Households; 10 |
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| 388 | 388 | | (2) Community residences; and 11 |
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| 389 | 389 | | (3) Family daycare homes. 12 |
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| 390 | 390 | | (c) Any time a building or other structure used for residential purposes, or a portion of a 13 |
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| 391 | 391 | | building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire 14 |
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| 392 | 392 | | or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured home, 15 |
|---|
| 393 | 393 | | or homes, as the need may be, elsewhere upon the land, for use and occupancy of the former 16 |
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| 394 | 394 | | occupants for a period of up to twelve (12) months, or until the building or structure is rehabilitated 17 |
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| 395 | 395 | | and otherwise made fit for occupancy. The property owner, or a properly designated agent of the 18 |
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| 396 | 396 | | owner, is only allowed to cause the mobile and manufactured home, or homes, to remain 19 |
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| 397 | 397 | | temporarily upon the land by making timely application to the local building official for the 20 |
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| 398 | 398 | | purposes of obtaining the necessary permits to repair or rebuild the structure. 21 |
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| 399 | 399 | | (d) Notwithstanding any other provision of this chapter, appropriate access for people with 22 |
|---|
| 400 | 400 | | disabilities to residential structures is allowed as a reasonable accommodation for any person(s) 23 |
|---|
| 401 | 401 | | residing, or intending to reside, in the residential structure. 24 |
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| 402 | 402 | | (e) Notwithstanding any other provision of this chapter, an accessory dwelling unit 25 |
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| 403 | 403 | | (“ADU”) that meets the requirements of §§ 45-24-31 and 45-24-73(a) shall be a permitted use in 26 |
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| 404 | 404 | | all residential zoning districts. An ADU that meets the requirements of §§ 45-24-31 and 45-24-27 |
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| 405 | 405 | | 73(a) shall be permitted through an administrative building permit process only. 28 |
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| 406 | 406 | | (f) When used in this section the terms “people with disabilities” or “member, or members, 29 |
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| 407 | 407 | | with disabilities” means a person(s) who has a physical or mental impairment that substantially 30 |
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| 408 | 408 | | limits one or more major life activities, as defined in 42-87-1(5). 31 |
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| 409 | 409 | | (g) Notwithstanding any other provisions of this chapter, plant agriculture is a permitted 32 |
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| 410 | 410 | | use within all zoning districts of a municipality, including all industrial and commercial zoning 33 |
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| 411 | 411 | | districts, except where prohibited for public health or safety reasons or the protection of wildlife 34 |
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| 412 | 412 | | |
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| 413 | 413 | | |
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| 414 | 414 | | LC001475 - Page 12 of 15 |
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| 415 | 415 | | habitat. 1 |
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| 416 | 416 | | (h) Adaptive reuse. Notwithstanding any other provisions of this chapter, adaptive reuse 2 |
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| 417 | 417 | | for the conversion of any commercial building, including offices, schools, religious facilities, 3 |
|---|
| 418 | 418 | | medical buildings, and malls into residential units or mixed-use developments which include the 4 |
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| 419 | 419 | | development of at least fifty percent (50%) of the existing gross floor area into residential units, 5 |
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| 420 | 420 | | shall be a permitted use and allowed by specific and objective provisions of a zoning ordinance, 6 |
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| 421 | 421 | | except where such is prohibited by environmental land use restrictions recorded on the property by 7 |
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| 422 | 422 | | the state of Rhode Island department of environmental management or the United States 8 |
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| 423 | 423 | | Environmental Protection Agency preventing the conversion to residential use. 9 |
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| 424 | 424 | | (1) The specific zoning ordinance provisions for adaptive reuse shall exempt adaptive reuse 10 |
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| 425 | 425 | | developments from off-street parking requirements of over one space per dwelling unit. 11 |
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| 426 | 426 | | (2) Density. 12 |
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| 427 | 427 | | (i) For projects that meet the following criteria, zoning ordinances shall allow for high 13 |
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| 428 | 428 | | density development and shall not limit the density to less than fifteen (15) dwelling units per acre: 14 |
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| 429 | 429 | | (A) Where the project is limited to the existing footprint, except that the footprint is allowed 15 |
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| 430 | 430 | | to be expanded to accommodate upgrades related to the building and fire codes and utilities; and 16 |
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| 431 | 431 | | (B) The development includes at least twenty percent (20%) low- and moderate-income 17 |
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| 432 | 432 | | housing; and 18 |
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| 433 | 433 | | (C) The development has access to public sewer and water service or has access to adequate 19 |
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| 434 | 434 | | private water, such as a well and and/or wastewater treatment system(s) approved by the relevant 20 |
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| 435 | 435 | | state agency for the entire development as applicable. 21 |
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| 436 | 436 | | (ii) For all other adaptive reuse projects, the residential density permitted in the converted 22 |
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| 437 | 437 | | structure shall be the maximum allowed that otherwise meets all standards of minimum housing 23 |
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| 438 | 438 | | and has access to public sewer and water service or has access to adequate private water, such as a 24 |
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| 439 | 439 | | well, and wastewater treatment system(s) approved by the relevant state agency for the entire 25 |
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| 440 | 440 | | development, as applicable. The density proposed shall be determined to meet all public health and 26 |
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| 441 | 441 | | safety standards. 27 |
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| 442 | 442 | | (3) Notwithstanding any other provisions of this chapter, for adaptive reuse projects, 28 |
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| 443 | 443 | | existing building setbacks shall remain and shall be considered legal nonconforming, but no 29 |
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| 444 | 444 | | additional encroachments shall be permitted into any nonconforming setback, unless otherwise 30 |
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| 445 | 445 | | allowed by zoning ordinance or relief is granted by the applicable authority. 31 |
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| 446 | 446 | | (4) For adaptive reuse projects, notwithstanding any other provisions of this chapter, the 32 |
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| 447 | 447 | | height of the existing structure, if it exceeds the maximum height of the zoning district, may remain 33 |
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| 448 | 448 | | and shall be considered legal nonconforming, and any rooftop construction shall be included within 34 |
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| 449 | 449 | | |
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| 450 | 450 | | |
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| 451 | 451 | | LC001475 - Page 13 of 15 |
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| 452 | 452 | | the height exemption. 1 |
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| 453 | 453 | | (i) Notwithstanding any other provisions of this chapter, all towns and cities may allow 2 |
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| 454 | 454 | | manufactured homes that comply with § 23-27.3-109.1.3 as a type of single-family home on any 3 |
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| 455 | 455 | | lot zoned for single-family use. Such home shall comply with all dimensional requirements of a 4 |
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| 456 | 456 | | single-family home in the district or seek relief for the same under the provisions of this chapter. 5 |
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| 457 | 457 | | (j) Notwithstanding any other provision of this chapter, an attached single-family dwelling 6 |
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| 458 | 458 | | that meets the requirements of § 45-24-78 shall be a permitted use in all residential zoning districts 7 |
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| 459 | 459 | | according to the conditions set forth therein. 8 |
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| 460 | 460 | | (1) Each city or town shall amend its zoning ordinances to conform to subsection (j) of this 9 |
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| 461 | 461 | | section within six (6) months of the department of housing publishing model ordinance language 10 |
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| 462 | 462 | | pursuant to § 45-24-78(b). In the event that a city or town fails to timely amend its zoning 11 |
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| 463 | 463 | | ordinances, attached single-family dwellings shall be permitted in the residential zoning districts 12 |
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| 464 | 464 | | of the city or town according to the terms of the model ordinance language. 13 |
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| 465 | 465 | | SECTION 3. Chapter 45-24 of the General Laws entitled "Zoning Ordinances" is hereby 14 |
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| 466 | 466 | | amended by adding thereto the following section: 15 |
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| 467 | 467 | | 45-24-78. Attached single-family dwellings. 16 |
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| 468 | 468 | | (a) Pursuant to § 45-24-37, attached single-family dwellings shall be allowed by right in 17 |
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| 469 | 469 | | residential zoning districts under the following circumstances: 18 |
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| 470 | 470 | | (1) The parcel to be developed has access to public sewer and water service or has access 19 |
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| 471 | 471 | | to adequate private water, such as a well and/or wastewater treatment system(s) approved by the 20 |
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| 472 | 472 | | relevant state agency. 21 |
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| 473 | 473 | | (2) The residential density of the development does not exceed the greater of: 22 |
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| 474 | 474 | | (i) The maximum density permitted by the comprehensive plan of the city or town for the 23 |
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| 475 | 475 | | area in which the parcel is located, irrespective of zoned density; or 24 |
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| 476 | 476 | | (ii) The total number of units permitted to be developed on the parcel by local ordinance. 25 |
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| 477 | 477 | | If the foregoing criteria are satisfied, each attached single-family dwelling shall be entitled to its 26 |
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| 478 | 478 | | own parcel through subdivision regardless of any base zone standards concerning minimum lot 27 |
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| 479 | 479 | | size, lot width, lot frontage, or lot depth. 28 |
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| 480 | 480 | | (3) Any base zone standards concerning setbacks shall apply relative to the external 29 |
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| 481 | 481 | | boundary of a row of attached single-family dwellings rather than to each individual parcel. Any 30 |
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| 482 | 482 | | standards concerning permeable surface or lot building coverage shall apply to individual parcels 31 |
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| 483 | 483 | | in the form of a percentage, calculated according to what the base zone permits by right for detached 32 |
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| 484 | 484 | | single-family dwellings. All other dimensional standards of the base zone shall apply. 33 |
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| 485 | 485 | | (4) Cities and towns may establish additional development standards for attached single-34 |
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| 486 | 486 | | |
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| 487 | 487 | | |
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| 488 | 488 | | LC001475 - Page 14 of 15 |
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| 489 | 489 | | family dwellings in local ordinance; provided that, such standards shall not restrict a dwelling to 1 |
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| 490 | 490 | | less than three (3) stories, restrict its floor area ratio to less than one, or require more than one off-2 |
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| 491 | 491 | | street parking space. The off-street parking, lot access, or other amenities for an attached single-3 |
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| 492 | 492 | | family dwelling may be provided off-site through a homeowners’ association or other form of 4 |
|---|
| 493 | 493 | | common ownership arrangement. 5 |
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| 494 | 494 | | (b) To alleviate administrative burdens for cities and towns, the department of housing 6 |
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| 495 | 495 | | shall issue a guidance document setting forth model ordinance language on attached single-family 7 |
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| 496 | 496 | | dwellings within three (3) months from the effective date of this section. 8 |
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| 497 | 497 | | (c) An attached single-family dwelling authorized under this section shall be considered to 9 |
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| 498 | 498 | | have satisfied the positive findings required under § 45-23-60(a)(1) and (a)(3). 10 |
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| 499 | 499 | | SECTION 4. This act shall take effect upon passage. 11 |
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| 501 | 501 | | LC001475 |
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| 502 | 502 | | ======== |
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| 503 | 503 | | |
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| 504 | 504 | | |
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| 505 | 505 | | LC001475 - Page 15 of 15 |
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| 506 | 506 | | EXPLANATION |
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| 507 | 507 | | BY THE LEGISLATIVE COUNCIL |
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| 508 | 508 | | OF |
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| 509 | 509 | | A N A C T |
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| 510 | 510 | | RELATING TO TOWNS AN D CITIES -- SUBDIVISION OF LAND -- ZONING |
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| 511 | 511 | | ORDINANCES |
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| 512 | 512 | | *** |
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| 513 | 513 | | This act would require cities and towns to permit attached single-family dwellings in any 1 |
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| 514 | 514 | | residential zoning districts and each such dwelling would be entitled to its own parcel thorough 2 |
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| 515 | 515 | | subdivision regardless of any base zone standards concerning minimum lot size, lot width, lot 3 |
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| 516 | 516 | | frontage or lot depth. It would also require each city and town to amend its zoning ordinances 4 |
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| 517 | 517 | | pursuant to model ordinance language drafted by the department of housing. 5 |
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| 518 | 518 | | This act would take effect upon passage. 6 |
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| 519 | 519 | | ======== |
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| 520 | 520 | | LC001475 |
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| 522 | 522 | | |
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