Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0715 Compare Versions

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

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5	5	2025 -- S 0715
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7	7	LC002039
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO TOWNS AN D CITIES -- ZONING ORDINANCES
16	16	Introduced By: Senators Mack, Bissaillon, Kallman, Quezada, and Bell
17	17	Date Introduced: March 07, 2025
18	18	Referred To: Senate Housing & Municipal Government
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21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Section 45-24-33 of the General Laws in Chapter 45-24 entitled "Zoning 1
23	23	Ordinances" is hereby amended to read as follows: 2
24	24	45-24-33. Standard provisions. 3
25	25	(a) A zoning ordinance shall address each of the purposes stated in § 45-24-30 and shall 4
26	26	address, through reasonable objective standards and criteria, the following general provisions 5
27	27	which are numbered for reference purposes only except as prohibited by § 45-24-30(b), § 45-24-6
28	28	30(c), or § 45-24-30(d): 7
29	29	(1) Permitting, prohibiting, limiting, and restricting the development of land and structures 8
30	30	in zoning districts, and regulating those land and structures according to their type and the nature 9
31	31	and extent of their use; 10
32	32	(2) Regulating the nature and extent of the use of land for residential, commercial, 11
33	33	industrial, institutional, recreational, agricultural, open space, or other use or combination of uses, 12
34	34	as the need for land for those purposes is determined by the city or town’s comprehensive plan; 13
35	35	(3) Permitting, prohibiting, limiting, and restricting buildings, structures, land uses, and 14
36	36	other development by performance standards, or other requirements, related to air and water and 15
37	37	groundwater quality, noise and glare, energy consumption, soil erosion and sedimentation, and/or 16
38	38	the availability and capacity of existing and planned public or private services; 17
39	39	(4) Regulating within each district and designating requirements for: 18
40	40	(i) The height, number of stories, and size of buildings; 19
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44	44	(ii) The dimensions, size, lot coverage, layout of lots or development areas and floor area 1
45	45	ratios provided that zoning ordinances must exclude any portion of a basement as defined in § 45-2
46	46	24.3-5 from the calculation of floor area ratio; 3
47	47	(iii) The density and intensity of use; 4
48	48	(iv) Access to air and light, views, and solar access; 5
49	49	(v) Open space, yards, courts, and buffers; 6
50	50	(vi) Parking areas, road design, and, where appropriate, pedestrian, bicycle, and other 7
51	51	circulator systems; 8
52	52	(vii) Landscaping, fencing, and lighting; 9
53	53	(viii) Appropriate drainage requirements and methods to manage stormwater runoff; 10
54	54	(ix) Public access to waterbodies, rivers, and streams; and 11
55	55	(x) Other requirements in connection with any use of land or structure; 12
56	56	(5) Permitting, prohibiting, limiting, and restricting development in flood plains or flood 13
57	57	hazard areas and designated significant natural areas; 14
58	58	(6) Promoting the conservation of energy and promoting energy-efficient patterns of 15
59	59	development; 16
60	60	(7) Providing for the protection of existing and planned public drinking water supplies, 17
61	61	their tributaries and watersheds, and the protection of Narragansett Bay, its tributaries and 18
62	62	watershed; 19
63	63	(8) Providing for adequate, safe, and efficient transportation systems; and avoiding 20
64	64	congestion by relating types and levels of development to the capacity of the circulation system, 21
65	65	and maintaining a safe level of service of the system; 22
66	66	(9) Providing for the preservation and enhancement of the recreational resources of the city 23
67	67	or town; 24
68	68	(10) Promoting an economic climate that increases quality job opportunities and the overall 25
69	69	economic well-being of the city or town and the state; 26
70	70	(11) Providing for pedestrian access to and between public and private facilities, including, 27
71	71	but not limited to, schools, employment centers, shopping areas, recreation areas, and residences; 28
72	72	(12) Providing standards for, and requiring the provision of, adequate and properly 29
73	73	designed physical improvements, including plantings, and the proper maintenance of property; 30
74	74	(13) Permitting, prohibiting, limiting, and restricting land use in areas where development 31
75	75	is deemed to create a hazard to the public health or safety; 32
76	76	(14) Permitting, prohibiting, limiting, and restricting extractive industries and earth 33
77	77	removal and requiring restoration of land after these activities; 34
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81	81	(15) Regulating sanitary landfill, except as otherwise provided by state statute; 1
82	82	(16) Permitting, prohibiting, limiting, and restricting signs and billboards and other outdoor 2
83	83	advertising devices; 3
84	84	(17) Designating airport hazard areas under the provisions of chapter 3 of title 1, and 4
85	85	enforcement of airport hazard area zoning regulations under the provisions established in that 5
86	86	chapter; 6
87	87	(18) Designating areas of historic, cultural, and/or archaeological value and regulating 7
88	88	development in those areas under the provisions of chapter 24.1 of this title; 8
89	89	(19) Providing standards and requirements for the regulation, review, and approval of any 9
90	90	proposed development in connection with those uses of land, buildings, or structures specifically 10
91	91	designated as subject to development plan review in a zoning ordinance; 11
92	92	(20) Designating special protection areas for water supply and limiting or prohibiting 12
93	93	development in these areas, except as otherwise provided by state statute; 13
94	94	(21) Specifying requirements for safe road access to developments from existing streets, 14
95	95	including limiting the number, design, and location of curb cuts, and provisions for internal 15
96	96	circulation systems for new developments, and provisions for pedestrian and bicycle ways; 16
97	97	(22) Reducing unnecessary delay in approving or disapproving development applications 17
98	98	through provisions for preapplication conferences and other means; 18
99	99	(23) Providing for the application of the Rhode Island Fair Housing Practices Act, chapter 19
100	100	37 of title 34, the United States Fair Housing Amendments Act of 1988 (FHAA); the Rhode Island 20
101	101	Civil Rights of People with Disabilities Act, chapter 87 of title 42; and the Americans with 21
102	102	Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.; and 22
103	103	(24) Regulating drive-through windows of varied intensity of use when associated with 23
104	104	land-use activities and providing standards and requirements for the regulation, review, and 24
105	105	approval of the drive-through windows, including, but not limited to: 25
106	106	(i) Identifying within which zoning districts drive-through windows may be permitted, 26
107	107	prohibited, or permitted by special-use permit; 27
108	108	(ii) Specifying requirements for adequate traffic circulation; and 28
109	109	(iii) Providing for adequate pedestrian safety and access, including issues concerning safety 29
110	110	and access for those with disabilities. 30
111	111	(b) A On or before July 31, 2026, a zoning ordinance may shall include special provisions 31
112	112	for any or all of the following: 32
113	113	(1) Authorizing development incentives, including, but not limited to, additional permitted 33
114	114	uses, increased development and density, or additional design or dimensional flexibility in 34
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118	118	exchange for: 1
119	119	(i) Increased open space; 2
120	120	(ii) Increased housing choices; 3
121	121	(iii) Traffic and pedestrian improvements; 4
122	122	(iv) Public and/or private facilities; and/or 5
123	123	(v) Other amenities as desired by the city or town and consistent with its comprehensive 6
124	124	plan. The provisions in the ordinance shall include maximum allowable densities of population 7
125	125	and/or intensities of use and shall indicate the type of improvements, amenities, and/or conditions. 8
126	126	Conditions may be made for donation in lieu of direct provisions for improvements or amenities; 9
127	127	(2) Establishing a system for transfer of development rights within or between zoning 10
128	128	districts designated in the zoning ordinance; and 11
129	129	(3) Regulating the development adjacent to designated scenic highways, scenic waterways, 12
130	130	major thoroughfares, public greenspaces, or other areas of special public investment or valuable 13
131	131	natural resources. 14
132	132	(c) Slope of land shall not be excluded from the calculation of the buildable lot area or the 15
133	133	minimum lot size, or in the calculation of the number of buildable lots or units. 16
134	134	(d) Nothing in this section shall be construed to restrict a municipality’s right, within state 17
135	135	and local regulations, to establish its own minimum lot size per zoning district in its town or city; 18
136	136	provided that, in order to conserve the state’s farmlands and forests, as well as to make efficient 19
137	137	use of existing public infrastructure investments, no minimum lot size requirement for a residential 20
138	138	use shall exceed the following parameters: 21
139	139	(1) Two thousand five hundred (2,500) square feet, for a lot that is served by public water 22
140	140	and sewer and any portion of the lot is located within a quarter (1/4) mile of a public transit stop or 23
141	141	station; 24
142	142	(2) Five thousand (5,000) square feet, for a lot that is served by public water and sewer; 25
143	143	and 26
144	144	(3) One acre, for any other lot; provided that, all parcels remain subject to state law and 27
145	145	regulation concerning drinking water wells, individual sewage disposal systems, and the protection 28
146	146	of freshwater wetlands. 29
147	147	(4) Each city or town shall amend its zoning ordinance and comprehensive plan to conform 30
148	148	to this subsection. 31
149	149	SECTION 2. Section 45-23-44 of the General Laws in Chapter 45-23 entitled "Subdivision 32
150	150	of Land" is hereby amended to read as follows: 33
151	151	45-23-44. General provisions — Physical design requirements. 34
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155	155	(a) All local regulations shall specify, through reasonable, objective standards and criteria, 1
156	156	all physical design requirements for subdivisions and land-development projects that are to be 2
157	157	reviewed and approved pursuant to the regulations. Regulations shall specify all requirements and 3
158	158	policies for subdivisions and land-development projects that are not contained in the municipality’s 4
159	159	zoning ordinance. 5
160	160	(b) Nothing in this section shall be construed to restrict a municipality’s right, within state 6
161	161	and local regulations, to establish its own minimum lot size per zoning district in its town or city, 7
162	162	subject to the limitation set forth in § 45-24-33(d). 8
163	163	(c) The slope of land shall not be excluded from the calculation of the buildable lot area or 9
164	164	the minimum lot size, or in the calculation of the number of buildable lots or units. 10
165	165	(d) Wetland buffers, as defined in § 2-1-20, shall be included in the calculation of a 11
166	166	minimum lot area and in the total number of square feet or acres of a tract or parcel of land before 12
167	167	calculating the maximum potential number of units or lots for development; provided, however, 13
168	168	that this shall not apply to lots directly abutting surface reservoirs with direct withdrawals used for 14
169	169	public drinking water. Nothing herein changes the definition and applicability of a “buildable lot” 15
170	170	as set forth under § 45-23-60(a)(4); and nothing herein permits the disturbance of wetlands or 16
171	171	wetland buffers or otherwise alters the provisions of the freshwater wetlands act, § 2-1-18 et seq. 17
172	172	(e) The requirements and policies may include, but are not limited to: requirements and 18
173	173	policies for rights-of-way, open space, landscaping, connections of proposed streets and drainage 19
174	174	systems with those of the surrounding neighborhood; public access through property to adjacent 20
175	175	public property; and the relationship of proposed developments to natural and man-made features 21
176	176	of the surrounding neighborhood. 22
177	177	(f) The regulations shall specify all necessary findings, formulas for calculations, and 23
178	178	procedures for meeting the requirements and policies. These requirements and policies apply to all 24
179	179	subdivisions and land development projects reviewed and/or administered under the local 25
180	180	regulations. 26
181	181	SECTION 3. This act shall take effect upon passage. 27
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188	188	EXPLANATION
189	189	BY THE LEGISLATIVE COUNCIL
190	190	OF
191	191	A N A C T
192	192	RELATING TO TOWNS AN D CITIES -- ZONING ORDINANCES
193	193	***
194	194	This act would limit municipal minimum lot sizes for residential use to 2,500 sq ft near 1
195	195	transit, 5,000 sq. ft with water/sewer, and 1 acre otherwise, while protecting farmlands, forests, and 2
196	196	wetlands, and requiring zoning updates to comply. 3
197	197	This act would take effect upon passage. 4
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