2015 -- H 5680

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LC001114

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES

     

     Introduced By: Representatives Kennedy, Azzinaro, Filippi, Nardolillo, and Roberts

     Date Introduced: February 26, 2015

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 45-24-33 of the General Laws in Chapter 45-24 entitled "Zoning

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Ordinances" is hereby amended to read as follows:

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     45-24-33. Standard provisions. -- (a) A zoning ordinance addresses each of the purposes

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stated in § 45-24-30 and addresses, through reasonable objective standards and criteria, the

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following general provisions which are numbered for reference purposes only:

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      (1) Permitting, prohibiting, limiting, and restricting the development of land and

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structures in zoning districts, and regulating those land and structures according to their type, and

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the nature and extent of their use;

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      (2) Regulating the nature and extent of the use of land for residential, commercial,

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industrial, institutional, recreational, agricultural, open space, or other use or combination of uses,

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as the need for land for those purposes is determined by the city or town's comprehensive plan;

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      (3) Permitting, prohibiting, limiting, and restricting buildings, structures, land uses, and

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other development by performance standards, or other requirements, related to air and water and

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groundwater quality, noise and glare, energy consumption, soil erosion and sedimentation, and/or

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the availability and capacity of existing and planned public or private services;

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      (4) Regulating within each district and designating requirements for:

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      (i) The height, number of stories, and size of buildings;

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      (ii) The dimensions, size, lot coverage, floor area ratios, and layout of lots or

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development areas;

 

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      (iii) The density and intensity of use;

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      (iv) Access to air and light, views, and solar access;

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      (v) Open space, yards, courts, and buffers;

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      (vi) Parking areas, road design, and, where appropriate, pedestrian, bicycle, and other

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circulator systems;

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      (vii) Landscaping, fencing, and lighting;

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      (viii) Appropriate drainage requirements and methods to manage stormwater runoff;

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      (ix) Public access to waterbodies, rivers, and streams; and

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      (x) Other requirements in connection with any use of land or structure;

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      (5) Permitting, prohibiting, limiting, and restricting development in flood plains or flood

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hazard areas and designated significant natural areas;

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      (6) Promoting the conservation of energy and promoting energy-efficient patterns of

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development;

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      (7) Providing for the protection of existing and planned public drinking water supplies,

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their tributaries and watersheds, and the protection of Narragansett Bay, its tributaries and

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watershed;

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      (8) Providing for adequate, safe, and efficient transportation systems; and avoiding

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congestion by relating types and levels of development to the capacity of the circulation system,

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and maintaining a safe level of service of the system;

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      (9) Providing for the preservation and enhancement of the recreational resources of the

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city or town;

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      (10) Promoting an economic climate which increases quality job opportunities and the

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overall economic well-being of the city or town and the state;

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      (11) Providing for pedestrian access to and between public and private facilities,

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including, but not limited to schools, employment centers, shopping areas, recreation areas, and

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residences;

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      (12) Providing standards for and requiring the provision of adequate and properly

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designed physical improvements, including plantings, and the proper maintenance of property;

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      (13) Permitting, prohibiting, limiting, and restricting land use in areas where

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development is deemed to create a hazard to the public health or safety;

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      (14) Permitting, prohibiting, limiting, and restricting extractive industries and earth

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removal and requiring restoration of land after these activities, except that within one thousand

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five hundred feet (1500') of any structure from the property line of an extractive industry the

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height of stone dust piles shall not exceed ten feet (10') below the lowest elevation at the property

 

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line of the extractive industry. For the purposes of this subsection, stone dust is a material that is

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defined as silt or clay under the standard practice for classification of soils for engineering

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purposes (unified soil classification system);

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      (15) Regulating sanitary landfill, except as otherwise provided by state statute;

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      (16) Permitting, prohibiting, limiting, and restricting signs and billboards, and other

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outdoor advertising devices;

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      (17) Designating airport hazard areas under the provisions of chapter 3 of title 1, and

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enforcement of airport hazard area zoning regulations under the provisions established in that

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chapter;

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      (18) Designating areas of historic, cultural, and/or archaeological value and regulating

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development in those areas under the provisions of chapter 24.1 of this title;

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      (19) Providing standards and requirements for the regulation, review, and approval of

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any proposed development in connection with those uses of land, buildings, or structures

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specifically designated as subject to development plan review in a zoning ordinance;

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      (20) Designating special protection areas for water supply and limiting or prohibiting

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development in these areas, except as otherwise provided by state statute;

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      (21) Specifying requirements for safe road access to developments from existing streets,

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including limiting the number, design, and location of curb cuts, and provisions for internal

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circulation systems for new developments, and provisions for pedestrian and bicycle ways; and

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      (22) Reducing unnecessary delay in approving or disapproving development

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applications, through provisions for preapplication conferences and other means.

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      (23) Providing for the application of the Rhode Island Fair Housing Practices Act,

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chapter 37 of title 34, the United States Fair Housing Amendments Act of 1988 (FHAA), the

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Rhode Island Civil Rights People with Disabilities Act, chapter 37 of title 42, and the Americans

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with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.

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      (24) Regulating drive-through windows of varied intensity of use when associated with

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land use activities and providing standards and requirements for the regulation, review and

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approval of the drive-through windows, including, but not limited to:

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      (i) Identifying within which zoning districts drive-through windows may be permitted,

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prohibited, or permitted by special use permit;

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      (ii) Specifying requirements for adequate traffic circulation; and

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      (iii) Providing for adequate pedestrian safety and access, including issues concerning

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safety and access for those with disabilities.

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      (b) A zoning ordinance may include special provisions for any or all of the following:

 

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      (1) Authorizing development incentives, including, but not limited to, additional

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permitted uses, increased development and density or additional design or dimensional flexibility

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in exchange for:

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      (i) Increased open space;

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      (ii) Increased housing choices;

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      (iii) Traffic and pedestrian improvements;

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      (iv) Public and/or private facilities; and/or

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      (v) Other amenities as desired by the city or town and consistent with its comprehensive

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plan. The provisions in the ordinance shall include maximum allowable densities of population

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and/or intensities of use and shall indicate the type of improvements, amenities, and/or

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conditions. Conditions may be made for donation in lieu of direct provisions for improvements or

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amenities;

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      (2) Establishing a system for transfer of development rights within or between zoning

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districts designated in the zoning ordinance; and

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      (3) Regulating the development adjacent to designated scenic highways, scenic

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waterways, major thoroughfares, public greenspaces, or other areas of special public investment

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or valuable natural resources.

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      (c) Slope of land shall not be excluded from the calculation of the buildable lot area or

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the minimum lot size, or in the calculation of the number of buildable lots or units.

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      (d) Nothing in this section shall be construed to restrict a municipality's right, within

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state and local regulations, to establish its own minimum lot size per zoning district in its town or

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city.

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     SECTION 2. This act shall take effect upon passage.

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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 regulate the blasting, creation, and storage of stone dust.

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     This act would take effect upon passage.

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