2013 -- H 6162

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LC02646

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES

     Introduced By: Representatives Williams, and Lombardi

     Date Introduced: May 23, 2013

     Referred To: House Municipal Government

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 45-24-31 and 45-24-53 of the General Laws in Chapter 45-24

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entitled "Zoning Ordinances" are hereby amended to read as follows:

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     45-24-31. Definitions. -- Where words or terms used in this chapter are defined in section

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45-22.2-4, they have the meanings stated in that section. In addition, the following words have

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the following meanings. Additional words and phrases may be used in developing local

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ordinances under this chapter; however, the words and phrases defined in this section are

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controlling in all local ordinances created under this chapter:

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      (1) Abutter. - One whose property abuts, that is, adjoins at a border, boundary, or point

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with no intervening land.

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      (2) Accessory Dwelling Unit. - A dwelling unit: (i) rented to and occupied either by one

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or more members of the family of the occupant or occupants of the principal residence; or (ii)

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reserved for rental occupancy by a person or a family where the principal residence is owner

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occupied, and which meets the following provisions:

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      (A) In zoning districts that allow residential uses, no more than one accessory dwelling

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unit may be an accessory to a single-family dwelling.

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      (B) An accessory dwelling unit shall include separate cooking and sanitary facilities,

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with its own legal means of ingress and egress and is a complete, separate dwelling unit. The

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accessory dwelling unit shall be within or attached to the principal dwelling unit structure or

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within an existing structure, such as a garage or barn, and designed so that the appearance of the

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principal structure remains that of a one-family residence.

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      (3) Accessory Use. - A use of land or of a building, or portion thereof, customarily

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incidental and subordinate to the principal use of the land or building. An accessory use may be

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restricted to the same lot as the principal use. An accessory use shall not be permitted without the

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principal use to which it is related.

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      (4) Aggrieved Party. - An aggrieved party, for purposes of this chapter, shall be:

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      (i) Any person or persons or entity or entities who can demonstrate that their property

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will be injured by a decision of any officer or agency responsible for administering the zoning

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ordinance of a city or town; or

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      (ii) Anyone requiring notice pursuant to this chapter. ; or

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     (iii) Anyone requiring notice pursuant to the local zoning ordinances established by the

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municipal legislative body of the city or town in which the property is located.

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      (5) Agricultural Land. - "Agricultural land", as defined in section 45-22.2-4.

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      (6) Airport Hazard Area. - "Airport hazard area", as defined in section 1-3-2.

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      (7) Applicant. - An owner or authorized agent of the owner submitting an application or

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appealing an action of any official, board, or agency.

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      (8) Application. - The completed form or forms and all accompanying documents,

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exhibits, and fees required of an applicant by an approving authority for development review,

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approval, or permitting purposes.

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      (9) Buffer. - Land which is maintained in either a natural or landscaped state, and is used

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to screen and/or mitigate the impacts of development on surrounding areas, properties, or rights-

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of-way.

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      (10) Building. - Any structure used or intended for supporting or sheltering any use or

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occupancy.

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      (11) Building Envelope. - The three-dimensional space within which a structure is

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permitted to be built on a lot and which is defined by regulations governing building setbacks,

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maximum height, and bulk; by other regulations; and/or by any combination thereof.

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      (12) Building Height. - The vertical distance from grade, as determined by the

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municipality, to the top of the highest point of the roof or structure. The distance may exclude

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spires, chimneys, flag poles, and the like.

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      (13) Cluster. - A site planning technique that concentrates buildings in specific areas on

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the site to allow the remaining land to be used for recreation, common open space, and/or

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preservation of environmentally, historically, culturally, or other sensitive features and/or

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structures. The techniques used to concentrate buildings shall be specified in the ordinance and

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may include, but are not limited to, reduction in lot areas, setback requirements, and/or bulk

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requirements, with the resultant open land being devoted by deed restrictions for one or more

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uses. Under cluster development there is no increase in the number of lots that would be

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permitted under conventional development except where ordinance provisions include incentive

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bonuses for certain types or conditions of development.

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      (14) Common Ownership. - Either:

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      (i) Ownership by one or more individuals or entities in any form of ownership of two (2)

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or more contiguous lots; or

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      (ii) Ownership by any association (ownership may also include a municipality) of one or

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more lots under specific development techniques.

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      (15) Community Residence. - A home or residential facility where children and/or adults

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reside in a family setting and may or may not receive supervised care. This does not include

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halfway houses or substance abuse treatment facilities. This does include, but is not limited, to the

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following:

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      (i) Whenever six (6) or fewer children or adults with retardation reside in any type of

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residence in the community, as licensed by the state pursuant to chapter 24 of title 40.1. All

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requirements pertaining to local zoning are waived for these community residences;

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      (ii) A group home providing care or supervision, or both, to not more than eight (8)

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persons with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1;

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      (iii) A residence for children providing care or supervision, or both, to not more than

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eight (8) children including those of the care giver and licensed by the state pursuant to chapter

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72.1 of title 42;

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      (iv) A community transitional residence providing care or assistance, or both, to no more

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than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8)

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persons, requiring temporary financial assistance, and/or to persons who are victims of crimes,

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abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days

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nor more than two (2) years. Residents will have access to and use of all common areas, including

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eating areas and living rooms, and will receive appropriate social services for the purpose of

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fostering independence, self-sufficiency, and eventual transition to a permanent living situation.

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      (16) Comprehensive Plan. - The comprehensive plan adopted and approved pursuant to

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chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in

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compliance.

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      (17) Day Care -- Day Care Center. - Any other day care center which is not a family day

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care home.

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      (18) Day Care -- Family Day Care Home. - Any home other than the individual's home

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in which day care in lieu of parental care or supervision is offered at the same time to six (6) or

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less individuals who are not relatives of the care giver, but may not contain more than a total of

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eight (8) individuals receiving day care.

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      (19) Density, Residential. - The number of dwelling units per unit of land.

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      (20) Development. - The construction, reconstruction, conversion, structural alteration,

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relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance;

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or any change in use, or alteration or extension of the use, of land.

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      (21) Development Plan Review. - The process whereby authorized local officials review

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the site plans, maps, and other documentation of a development to determine the compliance with

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the stated purposes and standards of the ordinance.

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      (22) District. - See "zoning use district".

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      (23) Drainage System. - A system for the removal of water from land by drains, grading,

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or other appropriate means. These techniques may include runoff controls to minimize erosion

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and sedimentation during and after construction or development, the means for preserving surface

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and groundwaters, and the prevention and/or alleviation of flooding.

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      (24) Dwelling Unit. - A structure or portion of a structure providing complete,

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independent living facilities for one or more persons, including permanent provisions for living,

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sleeping, eating, cooking, and sanitation, and containing a separate means of ingress and egress.

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      (25) Extractive Industry. - The extraction of minerals, including: solids, such as coal and

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ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes

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quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other

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preparation customarily done at the extraction site or as a part of the extractive activity.

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      (26) Family. - A person or persons related by blood, marriage, or other legal means. See

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also "Household".

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      (27) Floating Zone. - An unmapped zoning district adopted within the ordinance which

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is established on the zoning map only when an application for development, meeting the zone

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requirements, is approved.

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      (28) Floodplains, or Flood Hazard Area. - As defined in section 45-22.2-4.

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      (29) Groundwater. - "Groundwater" and associated terms, as defined in section 46-13.1-

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3.

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      (30) Halfway House. - A residential facility for adults or children who have been

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institutionalized for criminal conduct and who require a group setting to facilitate the transition to

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a functional member of society.

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      (31) Hardship. - See section 45-24-41.

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      (32) Historic District, or Historic Site. - As defined in section 45-22.2-4.

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      (33) Home Occupation. - Any activity customarily carried out for gain by a resident,

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conducted as an accessory use in the resident's dwelling unit.

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      (34) Household. - One or more persons living together in a single dwelling unit, with

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common access to, and common use of, all living and eating areas and all areas and facilities for

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the preparation and storage of food within the dwelling unit. The term "household unit" is

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synonymous with the term "dwelling unit" for determining the number of units allowed within

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any structure on any lot in a zoning district. An individual household shall consist of any one of

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the following:

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      (i) A family, which may also include servants and employees living with the family; or

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      (ii) A person or group of unrelated persons living together. The maximum number may

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be set by local ordinance, but this maximum shall not be less than three (3).

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      (35) Incentive Zoning. - The process whereby the local authority may grant additional

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development capacity in exchange for the developer's provision of a public benefit or amenity as

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specified in local ordinances.

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      (36) Infrastructure. - Facilities and services needed to sustain residential, commercial,

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industrial, institutional, and other activities.

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      (37) Land Development Project. - A project in which one or more lots, tracts, or parcels

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of land are to be developed or redeveloped as a coordinated site for a complex of uses, units, or

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structures, including, but not limited to, planned development and/or cluster development for

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residential, commercial, institutional, recreational, open space, and/or mixed uses as may be

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provided for in the zoning ordinance.

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      (38) Lot. - Either:

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      (i) The basic development unit for determination of lot area, depth, and other

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dimensional regulations; or

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      (ii) A parcel of land whose boundaries have been established by some legal instrument

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such as a recorded deed or recorded map and which is recognized as a separate legal entity for

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purposes of transfer of title.

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      (39) Lot Area. - The total area within the boundaries of a lot, excluding any street right-

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of-way, usually reported in acres or square feet.

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      (40) Lot Building Coverage. - That portion of the lot that is or may be covered by

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buildings and accessory buildings.

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      (41) Lot Depth. - The distance measured from the front lot line to the rear lot line. For

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lots where the front and rear lot lines are not parallel, the lot depth is an average of the depth.

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      (42) Lot Frontage. - That portion of a lot abutting a street. A zoning ordinance shall

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specify how noncontiguous frontage will be considered with regard to minimum frontage

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requirements.

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      (43) Lot Line. - A line of record, bounding a lot, which divides one lot from another lot

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or from a public or private street or any other public or private space and shall include:

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      (i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall

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specify the method to be used to determine the front lot line on lots fronting on more than one

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street, for example, corner and through lots;

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      (ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of

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triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10') in length

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entirely within the lot, parallel to and at a maximum distance from the front lot line; and

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      (iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line

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may be a street lot line, depending on requirements of the local zoning ordinance.

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      (44) Lot, Through. - A lot which fronts upon two (2) parallel streets, or which fronts

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upon two (2) streets which do not intersect at the boundaries of the lot.

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      (45) Lot Width. - The horizontal distance between the side lines of a lot measured at

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right angles to its depth along a straight line parallel to the front lot line at the minimum front

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setback line.

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      (46) Mere Inconvenience. - See section 45-24-41.

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      (47) Mixed Use. - A mixture of land uses within a single development, building, or tract.

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      (48) Modification. - Permission granted and administered by the zoning enforcement

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officer of the city or town, and pursuant to the provisions of this chapter to grant a dimensional

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variance other than lot area requirements from the zoning ordinance to a limited degree as

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determined by the zoning ordinance of the city or town, but not to exceed twenty-five percent

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(25%) of each of the applicable dimensional requirements.

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      (49) Nonconformance. - A building, structure, or parcel of land, or use thereof, lawfully

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existing at the time of the adoption or amendment of a zoning ordinance and not in conformity

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with the provisions of that ordinance or amendment. Nonconformance is of only two (2) types:

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      (i) Nonconforming by use: a lawfully established use of land, building, or structure

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which is not a permitted use in that zoning district. A building or structure containing more

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dwelling units than are permitted by the use regulations of a zoning ordinance is nonconformity

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by use; or

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      (ii) Nonconforming by dimension: a building, structure, or parcel of land not in

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compliance with the dimensional regulations of the zoning ordinance. Dimensional regulations

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include all regulations of the zoning ordinance, other than those pertaining to the permitted uses.

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A building or structure containing more dwelling units than are permitted by the use regulations

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of a zoning ordinance is nonconforming by use; a building or structure containing a permitted

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number of dwelling units by the use regulations of the zoning ordinance, but not meeting the lot

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area per dwelling unit regulations, is nonconforming by dimension.

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      (50) Overlay District. - A district established in a zoning ordinance that is superimposed

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on one or more districts or parts of districts. The standards and requirements associated with an

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overlay district may be more or less restrictive than those in the underlying districts consistent

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with other applicable state and federal laws.

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      (51) Performance Standards. - A set of criteria or limits relating to elements which a

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particular use or process must either meet or may not exceed.

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      (52) Permitted Use. - A use by right which is specifically authorized in a particular

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zoning district.

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      (53) Planned Development. - A "land development project", as defined in section 45-24-

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31(37), and developed according to plan as a single entity and containing one or more structures

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and/or uses with appurtenant common areas.

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      (54) Plant Agriculture. - The growing of plants for food or fiber, to sell or consume.

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      (55) Preapplication Conference. - A review meeting of a proposed development held

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between applicants and reviewing agencies as permitted by law and municipal ordinance, before

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formal submission of an application for a permit or for development approval.

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      (56) Setback Line or Lines. - A line or lines parallel to a lot line at the minimum distance

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of the required setback for the zoning district in which the lot is located that establishes the area

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within which the principal structure must be erected or placed.

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      (57) Site Plan. - The development plan for one or more lots on which is shown the

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existing and/or the proposed conditions of the lot.

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      (58) Special Use. - A regulated use which is permitted pursuant to the special-use permit

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issued by the authorized governmental entity, pursuant to section 45-24-42. Formerly referred to

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as a special exception.

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      (59) Structure. - A combination of materials to form a construction for use, occupancy,

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or ornamentation, whether installed on, above, or below, the surface of land or water.

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      (60) Substandard Lot of Record. - Any lot lawfully existing at the time of adoption or

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amendment of a zoning ordinance and not in conformance with the dimensional and/or area

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provisions of that ordinance.

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      (61) Use. - The purpose or activity for which land or buildings are designed, arranged, or

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intended, or for which land or buildings are occupied or maintained.

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      (62) Variance. - Permission to depart from the literal requirements of a zoning ordinance.

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An authorization for the construction or maintenance of a building or structure, or for the

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establishment or maintenance of a use of land, which is prohibited by a zoning ordinance. There

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are only two (2) categories of variance, a use variance or a dimensional variance.

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      (i) Use Variance. - Permission to depart from the use requirements of a zoning ordinance

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where the applicant for the requested variance has shown by evidence upon the record that the

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subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the

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zoning ordinance.

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      (ii) Dimensional Variance. - Permission to depart from the dimensional requirements of

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a zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the

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record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use

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of the subject property unless granted the requested relief from the dimensional regulations.

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However, the fact that a use may be more profitable or that a structure may be more valuable after

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the relief is granted are not grounds for relief.

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      (63) Waters. - As defined in section 46-12-1(23).

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      (64) Wetland, Coastal. - As defined in section 45-22.2-4.

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      (65) Wetland, Freshwater. - As defined in section 2-1-20.

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      (66) Zoning Certificate. - A document signed by the zoning enforcement officer, as

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required in the zoning ordinance, which acknowledges that a use, structure, building, or lot either

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complies with or is legally nonconforming to the provisions of the municipal zoning ordinance or

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is an authorized variance or modification therefrom.

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      (67) Zoning Map. - The map or maps which are a part of the zoning ordinance and which

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delineate the boundaries of all mapped zoning districts within the physical boundary of the city or

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town.

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      (68) Zoning Ordinance. - An ordinance enacted by the legislative body of the city or

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town pursuant to this chapter and in the manner providing for the adoption of ordinances in the

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city or town's legislative or home rule charter, if any, which establish regulations and standards

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relating to the nature and extent of uses of land and structures, which is consistent with the

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comprehensive plan of the city or town as defined in chapter 22.2 of this title, which includes a

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zoning map, and which complies with the provisions of this chapter.

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      (69) Zoning Use District. - The basic unit in zoning, either mapped or unmapped, to

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which a uniform set of regulations applies, or a uniform set of regulations for a specified use.

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Zoning use districts include, but are not limited to: agricultural, commercial, industrial,

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institutional, open space, and residential. Each district may include sub-districts. Districts may be

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combined.

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     45-24-53. Adoption -- Notice and hearing requirements. -- (a) No zoning ordinance

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shall be adopted, repealed, or amended until after a public hearing has been held upon the

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question before the city or town council. The city or town council shall first give notice of the

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public hearing by publication of notice in a newspaper of general circulation within the city or

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town at least once each week for three (3) successive weeks prior to the date of the hearing,

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which may include the week in which the hearing is to be held, at which hearing opportunity shall

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be given to all persons interested to be heard upon the matter of the proposed ordinance. Written

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notice, which may be a copy of the newspaper notice, shall be mailed to the statewide planning

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program of the department of administration, and, where applicable, to the parties specified in

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subsections (b), (c), (d), and (e) and (f) of this section, at least two (2) weeks prior to the hearing.

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The newspaper notice shall be published as a display advertisement, using a type size at least as

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large as the normal type size used by the newspaper in its news articles, and shall:

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      (1) Specify the place of the hearing and the date and time of its commencement;

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      (2) Indicate that adoption, amendment, or repeal of a zoning ordinance is under

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consideration;

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      (3) Contain a statement of the proposed amendments to the ordinance that may be

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printed once in its entirety, or summarize and describe the matter under consideration;

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      (4) Advise those interested where and when a copy of the matter under consideration

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may be obtained or examined and copied; and

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      (5) State that the proposals shown on the ordinance may be altered or amended prior to

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the close of the public hearing without further advertising, as a result of further study or because

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of the views expressed at the public hearing. Any alteration or amendment must be presented for

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comment in the course of the hearing.

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      (b) Where a proposed general amendment to an existing zoning ordinance includes

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changes in an existing zoning map, public notice shall be given as required by subsection (a) of

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this section.

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      (c) Where a proposed amendment to an existing ordinance includes a specific change in

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a zoning district map, but does not affect districts generally, public notice shall be given as

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required by subsection (a) of this section, with the additional requirements that:

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      (1) Notice shall include a map showing the existing and proposed boundaries, zoning

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district boundaries, and existing streets and roads and their names, and city and town boundaries

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where appropriate; and

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      (2) Written notice of the date, time, and place of the public hearing and the nature and

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purpose of the hearing shall be sent to all owners of real property whose property is located in or

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within not less than two hundred feet (200') of the perimeter of the area proposed for change,

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whether within the city or town or within an adjacent city or town. Notice shall also be sent to any

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individual or entity holding a recorded conservation or preservation restriction on the property

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that is the subject of the amendment. The notice shall be sent by registered or certified mail to the

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last known address of the owners, as shown on the current real estate tax assessment records of

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the city or town in which the property is located.

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      (d) Notice of a public hearing shall be sent by first class mail to the city or town council

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of any city or town to which one or more of the following pertain:

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      (1) Which is located in or within not less than two hundred feet (200') of the boundary of

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the area proposed for change; or

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      (2) Where there is a public or quasi-public water source, or private water source that is

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used or is suitable for use as a public water source, within two thousand feet (2,000') of any real

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property that is the subject of a proposed zoning change, regardless of municipal boundaries.

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      (e) Notice of a public hearing shall be sent to the governing body of any state or

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municipal water department or agency, special water district, or private water company that has

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riparian rights to a surface water resource and/or surface watershed that is used or is suitable for

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use as a public water source and that is within two thousand feet (2,000') of any real property

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which is the subject of a proposed zoning change; provided, that the governing body of any state

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or municipal water department or agency, special water district, or private water company has

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filed with the building inspector in the city or town a map survey, which shall be kept as a public

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record, showing areas of surface water resources and/or watersheds and parcels of land within

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two thousand feet (2,000') thereof.

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     (f) Notice of a public hearing shall be sent to any neighborhood group that registers the

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name of the organization, its officers and mailing address with the director of the local zoning

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board in which the property is located. Neighborhood group registration shall be renewed every

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year by July 1st. Failure to renew the registration shall relieve the director of the responsibility of

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mailing out the agenda.

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      (f)(g) No defect in the form of any notice under this section shall render any ordinance or

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amendment invalid, unless the defect is found to be intentional or misleading.

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      (g)(h) Costs of any notice required under this section shall be borne by the applicant.

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      (h)(i) In granting a zoning ordinance amendment, notwithstanding the provisions of

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section 45-24-37, the town or city council may limit the change to one of the permitted uses in the

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zone to which the subject land is rezoned, and impose limitations, conditions, and restrictions,

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including, without limitation: (1) requiring the petitioner to obtain a permit or approval from any

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and all state or local governmental agencies or instrumentalities having jurisdiction over the land

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and use which are the subject of the zoning change; (2) those relating to the effectiveness or

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continued effectiveness of the zoning change; and/or (3) those relating to the use of the land; as it

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deems necessary. The responsible town or city official shall cause the limitations and conditions

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so imposed to be clearly noted on the zoning map and recorded in the land evidence records;

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provided, that in the case of a conditional zone change, the limitations, restrictions, and

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conditions shall not be noted on the zoning map until the zone change has become effective. If the

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permitted use for which the land has been rezoned is abandoned or if the land is not used for the

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requested purpose for a period of two (2) years or more after the zone change becomes effective,

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the town or city council may, after a public hearing, change the land to its original zoning use

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before the petition was filed. If any limitation, condition, or restriction in an ordinance is held to

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be invalid by a court in any action, that holding shall not cause the remainder of the ordinance to

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be invalid.

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      (i)(j) The above requirements are to be construed as minimum requirements.

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     SECTION 2. This act shall take effect upon passage.

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LC02646

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES

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     This act would amend the definition of an "aggrieved party" to include anyone requiring

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notice pursuant to the local zoning ordinances in the city or town where the property is located.

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This act would also require that notice of a public hearing for the adoption, repeal or amendment

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of zoning ordnances be sent to any neighborhood group registered with the director of the local

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zoning board in which the property is located.

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     This act would take effect upon passage.

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LC02646

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