2022 -- S 2554 | |
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LC004097 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
____________ | |
A N A C T | |
RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES -- PROMOTION OF | |
NEIGHBORHOOD CHARACTER AND SMART GROWTH | |
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Introduced By: Senators Bell, Euer, Mack, Mendes, and Quezada | |
Date Introduced: March 01, 2022 | |
Referred To: Senate Housing & Municipal Government | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 45-24-30, 45-24-31, 45-24-33, 45-24-34, 45-24-36, 45-24-37, 45- |
2 | 24-39, 45-24-40, 45-24-42, 45-24-43, 45-24-44, 45-24-46.1, 45-24-46.2, 45-24-46.3, 45-24-46.4, |
3 | 45-24-47, 45-24-48, 45-24-57, 45-24-58 and 45-24-61 of the General Laws in Chapter 45-24 |
4 | entitled "Zoning Ordinances" are hereby amended to read as follows: |
5 | 45-24-30. General purposes of zoning ordinances. |
6 | (a) Zoning regulations shall be developed and maintained in accordance with a |
7 | comprehensive plan prepared, adopted, and as may be amended, in accordance with chapter 22.2 |
8 | of this title and shall be designed to address the following purposes. The general assembly |
9 | recognizes these purposes, each with equal priority and numbered for reference purposes only. |
10 | (1) Respecting the right of housing for every Rhode Islander in any city or town, regardless |
11 | of their income. |
12 | (1)(2) Promoting the public health, safety, and general welfare. |
13 | (2)(3) Providing for a range of uses and intensities of use appropriate to the character of |
14 | the city or town and reflecting current and expected future needs. |
15 | (4) Promoting smart growth: redevelopment of previously developed land and preservation |
16 | of undeveloped land. |
17 | (3)(5) Providing for orderly growth and, development, and redevelopment that recognizes: |
18 | (i) The goals and patterns of land use contained in the comprehensive plan of the city or |
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1 | town adopted pursuant to chapter 22.2 of this title; |
2 | (ii) The natural characteristics of the land, including its suitability for use based on soil |
3 | characteristics, topography, and susceptibility to surface or groundwater pollution; |
4 | (iii) The values and dynamic nature of coastal and freshwater ponds, the shoreline, and |
5 | freshwater and coastal wetlands; |
6 | (iv) The values of unique or valuable natural resources and features; |
7 | (v) The availability and capacity of existing and planned public and/or private services and |
8 | facilities, specifically public and civic spaces, transportation, water, storm water management |
9 | systems, sewage treatment and disposal, solid waste treatment and disposal, schools, recreation, |
10 | public facilities, open space, and other public requirements; |
11 | (vi) The need to shape and balance urban and rural development; and |
12 | (vii) The use of innovative development and redevelopment regulations and techniques. |
13 | (4)(6) Providing for the control, protection, and/or abatement of air, water, groundwater, |
14 | and noise pollution, and soil erosion and sedimentation. |
15 | (5)(7) Providing for the protection of the natural, historic, cultural, and scenic character |
16 | characteristics of the city or town or areas in the municipality. |
17 | (6)(8) Providing for the preservation and promotion of agricultural production, forest, |
18 | silviculture, aquaculture, timber resources, public and civic spaces, and open space. |
19 | (7)(9) Providing for the protection of public investment in transportation, public and civic |
20 | spaces, water, stormwater management systems, sewage treatment and disposal, solid waste |
21 | treatment and disposal, schools, recreation, public facilities, open space, and other public |
22 | requirements. |
23 | (8)(10) Promoting a balance of housing choices, for all income levels and groups, to assure |
24 | the health, safety and welfare of all citizens and their rights to affordable, accessible, safe, and |
25 | sanitary housing. |
26 | (9)(11) Providing opportunities for the establishment of low- and moderate-income |
27 | housing. |
28 | (10)(12) Promoting safety from fire, flood, and other natural or unnatural disasters wildfire. |
29 | (11)(13) Promoting a high level of quality in design and construction in the development |
30 | and redevelopment of private and public facilities. |
31 | (12)(14) Promoting implementation of the comprehensive plan of the city or town adopted |
32 | pursuant to chapter 22.2 of this title. |
33 | (13)(15) Providing for coordination of land uses with contiguous municipalities, other |
34 | municipalities, the state, and other agencies, as appropriate, especially with regard to resources and |
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1 | facilities that extend beyond municipal boundaries or have a direct impact on that municipality. |
2 | (14)(16) Providing for efficient review of development and redevelopment proposals, to |
3 | clarify and expedite the zoning approval process. |
4 | (15)(17) Providing for procedures for the administration of the zoning ordinance, |
5 | including, but not limited to, variances, special-use special permits, and, where adopted, procedures |
6 | for modifications. |
7 | (16)(18) Providing opportunities for reasonable accommodations in order to comply with |
8 | the Rhode Island Fair Housing Practices Act, chapter 37 of title 34; the United States Fair Housing |
9 | Amendments Act of 1988 (FHAA); the Rhode Island Civil Rights of Persons with Disabilities Act, |
10 | chapter 87 of title 42; and the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 |
11 | et seq. |
12 | Provided, however, that any zoning ordinance in which a community sets forth standards |
13 | or requirements for the location, design, construction, or maintenance of on-site wastewater |
14 | treatment systems shall first be submitted to the director of the department of environmental |
15 | management for approval as to the technical merits of the ordinance. In addition, any zoning |
16 | ordinance in which a municipality sets forth standards regarding wetland requirements, shall first |
17 | be submitted to the director of the department of environmental management for approval as to the |
18 | technical merits of the ordinance. |
19 | (b) Upon the effective date of this section, a city or town shall no longer be authorized to |
20 | adopt as a provision of its zoning ordinance new requirements that specify buffers or setbacks in |
21 | relation to freshwater wetland, freshwater wetland in the vicinity of the coast, or coastal wetland or |
22 | that specify setback distances between an onsite wastewater treatment system and a freshwater |
23 | wetlands, freshwater wetland in the vicinity of the coast, or coastal wetland. |
24 | (c) Upon promulgation of state regulations to designate wetland buffers and setbacks |
25 | pursuant to §§ 2-1-18 through 2-1-28, cities and towns shall be prohibited from applying the |
26 | requirements in existing zoning ordinances pertaining to both wetland buffers and onsite |
27 | wastewater treatment system setbacks to development applications submitted to a municipality |
28 | after the effective date of said state regulations. All applications for development that were |
29 | submitted to a municipality prior to the effective date of state regulations designating wetland |
30 | buffers and setbacks, will remain subject to, as applicable, the zoning provisions pertaining to |
31 | wetland buffers or setbacks for onsite wastewater treatment systems that were in effect at the time |
32 | the application was originally filed or granted approval, subject to the discretion of the municipality |
33 | to waive such requirements. Nothing herein shall rescind the authority of a city or town to enforce |
34 | local zoning requirements. |
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1 | (d) Cities and towns shall act to amend their ordinances and regulations to conform to this |
2 | section within twelve (12) months of the effective date of state regulations referenced herein. |
3 | 45-24-31. Definitions. |
4 | Where words or terms used in this chapter are defined in § 45-22.2-4 or 45-23-32, they |
5 | have the meanings stated in that section. In addition, the following words have the following |
6 | meanings. Additional words and phrases may be used in developing local ordinances under this |
7 | chapter; however, the words and phrases defined in this section are controlling in all local |
8 | ordinances created under this chapter: |
9 | (1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with |
10 | no intervening land. |
11 | (2) Accessory dwelling unit. A dwelling unit: (i) Rented to and occupied either by one or |
12 | more members of the family of the occupant or occupants of the principal residence; or (ii) |
13 | Reserved for rental occupancy by a person or a family where the principal residence is owner |
14 | occupied and that meets the following provisions: |
15 | (A) In zoning districts that allow residential uses, no more than one accessory dwelling unit |
16 | may be an accessory to a single-family dwelling. |
17 | (B) An accessory dwelling unit shall include separate cooking and sanitary facilities, with |
18 | its own legal means of ingress and egress, and is a complete, separate dwelling unit. The accessory |
19 | dwelling unit shall be within, or attached to, the principal dwelling-unit structure or within an |
20 | existing structure, such as a garage or barn, and designed so that the appearance of the principal |
21 | structure remains that of a one-family residence. |
22 | (3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental |
23 | and subordinate to the principal use of the land or building. An accessory use may be restricted to |
24 | the same lot as the principal use. An accessory use shall not be permitted without the principal use |
25 | to which it is related. |
26 | (4) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be: |
27 | (i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her, |
28 | or its property will be injured by a decision of any officer or agency responsible for administering |
29 | the zoning ordinance of a city or town; or |
30 | (ii) Anyone requiring notice pursuant to this chapter. |
31 | (5) Agricultural land. "Agricultural land," as defined in § 45-22.2-4. |
32 | (6) Airport hazard area. "Airport hazard area," as defined in § 1-3-2. |
33 | (7) Applicant. An owner, or authorized agent of the owner, submitting an application or |
34 | appealing an action of any official, board, or agency. |
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1 | (8) Application. The completed form, or forms, and all accompanying documents, exhibits, |
2 | and fees required of an applicant by an approving authority for development review, approval, or |
3 | permitting purposes. |
4 | (9) Architectural form. The shape or configuration of a building. Form and its opposite, |
5 | space, constitute primary elements of architecture. The form of a group of buildings, such as part |
6 | of a street wall, may include several buildings on separate lots owned by separate owners. |
7 | (10) Architectural wall. The vertical plane created by a series of architectural forms. See |
8 | also "street wall." |
9 | (9)(11) Buffer. Land that is maintained in either a natural or landscaped state, and is used |
10 | to screen or mitigate the impacts of development on surrounding areas, properties, or rights-of- |
11 | way. |
12 | (10)(12) Building. Any structure used or intended for supporting or sheltering any use or |
13 | occupancy. |
14 | (11)(13) Building envelope. The three-dimensional space within which a structure is |
15 | permitted to be built on a lot and that is defined by regulations governing building setbacks, |
16 | maximum height, and bulk; by other regulations; or by any combination thereof. |
17 | (12)(14) Building height. For a vacant parcel of land, building height shall be measured |
18 | from the average, existing-grade elevation where the foundation of the structure is proposed. For |
19 | an existing structure, building height shall be measured from average grade taken from the |
20 | outermost four (4) corners of the existing foundation. In all cases, building height shall be measured |
21 | to the top of the highest point of the existing or proposed roof or structure. This distance shall |
22 | exclude spires, chimneys, flag poles, and the like. For any property or structure located in a special |
23 | flood hazard area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted |
24 | on the Rhode Island coastal resources management council (CRMC) suggested design elevation |
25 | three foot (3') sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred- |
26 | year (100) storm, the greater of the following amounts, expressed in feet, shall be excluded from |
27 | the building height calculation: |
28 | (i) The base flood elevation on the FEMA FIRM plus up to five feet (5') of any utilized or |
29 | proposed freeboard, less the average existing grade elevation; or |
30 | (ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a |
31 | one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate |
32 | the appropriate suggested design elevation map for the exclusion every ten (10) years, or as |
33 | otherwise necessary. |
34 | (15) Civic space. See "public and civic space". |
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1 | (13)(16) Cluster. A site-planning technique that concentrates buildings in specific areas |
2 | on the site to allow the remaining land to be used for public and civic space, recreation, common |
3 | open space, and/or preservation of environmentally, historically, culturally, or other sensitive |
4 | features and/or structures. The techniques used to concentrate buildings shall be specified in the |
5 | ordinance and may include, but are not limited to, reduction in lot areas, setback requirements, |
6 | and/or bulk requirements, with the resultant open land being devoted by deed restrictions for one |
7 | or more uses. Under cluster development, there is no increase in the number of lots that would be |
8 | permitted under conventional development except where ordinance provisions include incentive |
9 | bonuses for certain types or conditions of development. |
10 | (14)(17) Common ownership. Either: |
11 | (i) Ownership by one or more individuals or entities in any form of ownership of two (2) |
12 | or more contiguous lots; or |
13 | (ii) Ownership by any association (ownership may also include a municipality) of one or |
14 | more lots under specific development techniques. |
15 | (15)(18) Community residence. A home or residential facility where children and/or adults |
16 | reside in a family setting and may or may not receive supervised care. This does not include halfway |
17 | houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the |
18 | following: |
19 | (i) Whenever six (6) or fewer children or adults with intellectual and/or developmental |
20 | disability reside in any type of residence in the community, as licensed by the state pursuant to |
21 | chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community |
22 | residences; |
23 | (ii) A group home providing care or supervision, or both, to not more than eight (8) persons |
24 | with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1; |
25 | (iii) A residence for children providing care or supervision, or both, to not more than eight |
26 | (8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of |
27 | title 42; |
28 | (iv) A community transitional residence providing care or assistance, or both, to no more |
29 | than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) |
30 | persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, |
31 | abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor |
32 | more than two (2) years. Residents will have access to, and use of, all common areas, including |
33 | eating areas and living rooms, and will receive appropriate social services for the purpose of |
34 | fostering independence, self-sufficiency, and eventual transition to a permanent living situation. |
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1 | (16)(19) Comprehensive plan. The comprehensive plan adopted and approved pursuant to |
2 | chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in |
3 | compliance. |
4 | (17)(20) Day care -- Day-care center. Any other day-care center that is not a family day- |
5 | care home. |
6 | (18)(21) Day care -- Family day-care home. Any home, other than the individual's home, |
7 | in which day care in lieu of parental care or supervision is offered at the same time to six (6) or less |
8 | individuals who are not relatives of the caregiver, but may not contain more than a total of eight |
9 | (8) individuals receiving day care. |
10 | (19)(22) Density, residential. The number of dwelling units per unit of land. |
11 | (20)(23) Development. The construction, reconstruction, conversion, facade redesign, |
12 | structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, |
13 | or land disturbance; or any change in use, or alteration or extension of the use, of land. |
14 | (21)(24) Development plan review. The process whereby authorized, local officials review |
15 | the site plans, maps, and other documentation of a development to determine the compliance with |
16 | the stated purposes and standards of the ordinance. |
17 | (22)(25) District. See "zoning-use and form district." |
18 | (23)(26) Drainage system. A system for the removal of water from land by drains, grading, |
19 | or other appropriate means. These techniques may include runoff controls to minimize erosion and |
20 | sedimentation during and after construction or development; the means for preserving surface and |
21 | groundwaters; and the prevention and/or alleviation of flooding. |
22 | (24)(27) Dwelling unit. A structure, or portion of a structure, providing complete, |
23 | independent living facilities for one or more persons, including permanent provisions for living, |
24 | sleeping, eating, cooking, and sanitation, and containing a separate means of ingress and egress. |
25 | (25)(28) Extractive industry. The extraction of minerals, including: solids, such as coal and |
26 | ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes |
27 | quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other |
28 | preparation customarily done at the extraction site or as a part of the extractive activity. |
29 | (26)(29) Family member. A person, or persons, related by blood, marriage, or other legal |
30 | means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, |
31 | grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household. |
32 | (27)(30) Floating zone. An unmapped zoning district adopted within the ordinance that is |
33 | established on the zoning map only when an application for development, meeting the zone |
34 | requirements, is approved. |
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1 | (28)(31) Floodplains, or Flood hazard area. As defined in § 45-22.2-4. |
2 | (32) Form. See "architectural form." |
3 | (29)(33) Freeboard. A factor of safety expressed in feet above the base flood elevation of |
4 | a flood hazard area for purposes of floodplain management. Freeboard compensates for the many |
5 | unknown factors that could contribute to flood heights, such as wave action, bridge openings, and |
6 | the hydrological effect of urbanization of the watershed. |
7 | (30)(34) Groundwater. "Groundwater" and associated terms, as defined in § 46-13.1-3. |
8 | (31)(35) Halfway house. A residential facility for adults or children who have been |
9 | institutionalized for criminal conduct and who require a group setting to facilitate the transition to |
10 | a functional member of society. |
11 | (32)(36) Hardship. See § 45-24-41. |
12 | (33)(37) Historic district or historic site. As defined in § 45-22.2-4. |
13 | (34)(38) Home occupation. Any activity customarily carried out for gain by a resident, |
14 | conducted as an accessory use in the resident's dwelling unit. |
15 | (35)(39) Household. One or more persons living together in a single-dwelling unit, with |
16 | common access to, and common use of, all living and eating areas and all areas and facilities for |
17 | the preparation and storage of food within the dwelling unit. The term "household unit" is |
18 | synonymous with the term "dwelling unit" for determining the number of units allowed within any |
19 | structure on any lot in a zoning district. An individual household shall consist of any one of the |
20 | following: |
21 | (i) A family, which may also include servants and employees living with the family; or |
22 | (ii) A person or group of unrelated persons living together. The maximum number may be |
23 | set by local ordinance, but this maximum shall not be less than three (3). |
24 | (36)(40) Incentive zoning. The process whereby the local authority may grant additional |
25 | development capacity in exchange for the developer's provision of a public benefit or amenity as |
26 | specified in local ordinances. |
27 | (37)(41) Infrastructure. Facilities and services needed to sustain residential, commercial, |
28 | industrial, institutional, and other activities. |
29 | (38)(42) Land-development project. A project in which one or more lots, tracts, or parcels |
30 | of land are developed or redeveloped as a coordinated site for one or more uses, units, or structures, |
31 | including, but not limited to, planned development or cluster development for residential, |
32 | commercial, institutional, recreational, open space, or mixed uses as provided in the zoning |
33 | ordinance. |
34 | (39)(43) Lot. Either: |
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1 | (i) The basic development unit for determination of lot area, depth, and other dimensional |
2 | regulations; or |
3 | (ii) A parcel of land whose boundaries have been established by some legal instrument, |
4 | such as a recorded deed or recorded map, and that is recognized as a separate legal entity for |
5 | purposes of transfer of title. |
6 | (40)(44) Lot area. The total area within the boundaries of a lot, excluding any street right- |
7 | of-way, usually reported in acres or square feet. |
8 | (41)(45) Lot area, minimum. The smallest land area established by the local zoning |
9 | ordinance upon which a use, building, or structure may be located in a particular zoning district. |
10 | (42)(46) Lot building coverage. That portion of the lot that is, or may be, covered by |
11 | buildings and accessory buildings. |
12 | (43)(47) Lot depth. The distance measured from the front lot line to the rear lot line. For |
13 | lots where the front and rear lot lines are not parallel, the lot depth is an average of the depth. |
14 | (44)(48) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall |
15 | specify how noncontiguous frontage will be considered with regard to minimum frontage |
16 | requirements. |
17 | (45)(49) Lot line. A line of record, bounding a lot, that divides one lot from another lot or |
18 | from a public or private street or any other public or private space and shall include: |
19 | (i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall |
20 | specify the method to be used to determine the front lot line on lots fronting on more than one |
21 | street, for example, corner and through lots; |
22 | (ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of |
23 | triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10') in length |
24 | entirely within the lot, parallel to and at a maximum distance from, the front lot line; and |
25 | (iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may |
26 | be a street lot line, depending on requirements of the local zoning ordinance. |
27 | (46)(50) Lot size, minimum. Shall have the same meaning as "minimum lot area" defined |
28 | herein. |
29 | (47)(51) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon two |
30 | (2) streets that do not intersect at the boundaries of the lot. |
31 | (48)(52) Lot width. The horizontal distance between the side lines of a lot measured at right |
32 | angles to its depth along a straight line parallel to the front lot line at the minimum front setback |
33 | line. |
34 | (49)(53) Mere inconvenience. See § 45-24-41. |
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1 | (50)(54) Mixed use. A mixture of land uses within a single development, building, or tract. |
2 | Also referred to as traditional development. Typically ground floor commercial with residential |
3 | above. |
4 | (51)(55) Modification. Permission granted and administered by the zoning enforcement |
5 | officer of the city or town, and pursuant to the provisions of this chapter to grant a dimensional |
6 | variance other than lot area requirements from the zoning ordinance to a limited degree as |
7 | determined by the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) |
8 | of each of the applicable dimensional requirements. |
9 | (52)(56) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully |
10 | existing at the time of the adoption or amendment of a zoning ordinance or in existence for at least |
11 | six (6) years and not in conformity with the provisions of that ordinance or amendment. |
12 | Nonconformance is of only two (2) types: |
13 | (i) Nonconforming by use: a lawfully established use of land, building, or structure that is |
14 | not a permitted use in that zoning district. A building or structure containing more dwelling units |
15 | than are permitted by the use regulations of a zoning ordinance is nonconformity nonconforming |
16 | by use.; or Nonconformance by use shall be established if a use was lawfully existing prior to the |
17 | enactment of the zoning ordinance or amendment that rendered the use out of conformity, if a use |
18 | has been in existence for fifty (50) years, or if a non-accessory use has been in existence for twenty- |
19 | five (25) years without the initiation of any enforcement actions to ensure conformity with the |
20 | zoning ordinance. In the case where the nonconformance by use exists because the number of |
21 | dwelling units exceeds the limits established by the use regulations of a zoning ordinance, the |
22 | nonconformance shall be established if the dwelling units were lawfully existing prior to the |
23 | enactment of a zoning ordinance or a zoning amendment that rendered the use out of conformity; |
24 | if the dwelling units were in existence prior to January 1, 2016; if the dwelling units have been in |
25 | existence for twenty-five (25) years; or if the dwelling units have been in existence for six (6) years |
26 | without the initiation of any enforcement actions to ensure conformity with the zoning ordinance. |
27 | In the case where the use is a zoning use that raises pollution risk, nonconformance by use shall |
28 | only be established if the zoning use that raises pollution risk was lawfully existing for at least six |
29 | (6) years prior to the enactment of the zoning ordinance or amendment that rendered the zoning use |
30 | that raises pollution risk out of conformity. |
31 | (ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance |
32 | with the dimensional regulations of the zoning ordinance. Dimensional regulations include all |
33 | regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building |
34 | or structure containing more dwelling units than are permitted by the use regulations of a zoning |
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1 | ordinance is nonconforming by use; a building or structure containing a permitted number of |
2 | dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per |
3 | dwelling unit regulations, is nonconforming by dimension. Nonconformance by dimension shall be |
4 | established if the dimensional conditions were lawfully existing prior to the enactment of the zoning |
5 | ordinance or amendment that rendered the building, structure, or parcel of land out of conformity; |
6 | if the dimensional conditions were in existence prior to January 1, 2015; if the dimensional |
7 | conditions have been in existence for twenty-five (25) years; or if the dimensional conditions have |
8 | been in existence for six (6) years without the initiation of any enforcement actions to ensure |
9 | conformity with the zoning ordinance. |
10 | (53)(57) Overlay district. A district established in a zoning ordinance that is superimposed |
11 | on one or more districts or parts of districts. The standards and requirements associated with an |
12 | overlay district may be more or less restrictive than those in the underlying districts consistent with |
13 | other applicable state and federal laws. |
14 | (54)(58) Performance standards. A set of criteria or limits relating to elements that a |
15 | particular use or process must either meet or may not exceed. |
16 | (55)(59) Permitted use. A use by right that is specifically authorized in a particular zoning |
17 | district. |
18 | (56)(60) Planned development. A "land-development project," as defined in subsection |
19 | (38), and developed according to plan as a single entity and containing one or more structures or |
20 | uses with appurtenant common areas. |
21 | (57)(61) Plant agriculture. The growing of plants for food or fiber, to sell or consume. |
22 | (58)(62) Preapplication conference. A review meeting of a proposed development held |
23 | between applicants and reviewing agencies as permitted by law and municipal ordinance, before |
24 | formal submission of an application for a permit or for development approval. |
25 | (63) Public and civic space. An extension of the community, serving as a stage for our |
26 | public lives. The space enriches the lives of its users and enhances its surrounding buildings and |
27 | neighborhood. Public and civic space includes atria, boardwalks, courtyards, forecourts, overlooks, |
28 | plazas, paths, and squares. |
29 | (64) Reconstruction. The act or process of depicting, by means of new construction, the |
30 | form features, and detailing of a non-surviving site, landscape, building, structure, or object for the |
31 | purpose of replicating its appearance at a specific period of time and in its historic location. |
32 | (65) Redevelopment. Alteration to previously developed land, structures, or buildings |
33 | which may include adaptive reuse, reconstruction, conversion, facade redesign, structural |
34 | alteration, relocation, or enlargement of any structure or building. |
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1 | (66) Rural. Sparsely populated and lacking in public services. Primarily open space and |
2 | agriculture with interstitial development. |
3 | (59)(67) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance |
4 | of the required setback for the zoning district in which the lot is located that establishes the area |
5 | within which the principal structure must be erected or placed. |
6 | (60)(68) Site plan. The development plan for one or more lots on which is shown the |
7 | existing and/or the proposed conditions of the lot. |
8 | (61)(69) Slope of land. The grade, pitch, rise, or incline of the topographic landform or |
9 | surface of the ground. |
10 | (62)(70) Special use permit. A regulated use or dimension that is permitted pursuant to the |
11 | special-use special permit issued by the authorized governmental entity, pursuant to § 45-24-42. |
12 | Formerly referred to as a special use permit or modification, or special exception. There are only |
13 | two (2) categories of special permit, a special use permit or a special dimensional permit. |
14 | (i) Special use permit. A regulated use that is permitted pursuant to the special use permit |
15 | issued by the authorized governmental entity, pursuant to § 45-24-42. Special use permits are |
16 | typically utilized for uses that may have an outsize impact on the surrounding area, such as schools |
17 | or drive-through windows. |
18 | (ii) Special dimensional permit. A regulated dimension that is permitted pursuant to the |
19 | special dimensional permit issued by the authorized governmental entity, pursuant to § 45-24-42. |
20 | Special dimensional permits allow the involvement of the public and the discretion of the |
21 | authorized governmental entity in allowing small deviations from a zoning ordinance. |
22 | (71) Street wall. The architectural wall on either side of a street. A street wall requires |
23 | relatively consistent setbacks, building heights, building envelopes, and landscaping to function. |
24 | (63)(72) Structure. A combination of materials to form a construction for use, occupancy, |
25 | or ornamentation, whether installed on, above, or below the surface of land or water. |
26 | (64)(73) Substandard lot of record. Any lot lawfully existing at the time of adoption or |
27 | amendment of a zoning ordinance and not in conformance with the dimensional or area provisions |
28 | of that ordinance. |
29 | (74) Urban. Densely populated with defined and balanced public and private realms, |
30 | primarily with public and civic spaces, people-centric design, continuous, coherent, and |
31 | harmonious architectural wall, extensive public services, including transportation, water, |
32 | stormwater management systems, sewage treatment and disposal, solid waste treatment and |
33 | disposal, schools, recreation, public facilities, interstitial open space and agriculture, and other |
34 | public requirements, Generally defined by the division of planning as village centers and areas |
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1 | within the urban services boundary, on a map maintained by the division of planning. |
2 | (65)(75) Use. The purpose or activity for which land or buildings are designed, arranged, |
3 | or intended, or for which land or buildings are occupied or maintained. |
4 | (66)(76) Variance. Permission to depart from the literal requirements of a zoning |
5 | ordinance. An authorization for the construction or maintenance of a building or structure, or for |
6 | the establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There |
7 | are only two (2) categories of variance, a use variance or a dimensional variance. |
8 | (i) Use variance. Permission to depart from the use requirements of a zoning ordinance |
9 | where the applicant for the requested variance has shown by evidence upon the record that the |
10 | subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the |
11 | zoning ordinance. |
12 | (ii) Dimensional variance. Permission to depart from the dimensional requirements of a |
13 | zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the |
14 | record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use |
15 | of the subject property unless granted the requested relief from the dimensional regulations. |
16 | However, the fact that a use may be more profitable or that a structure may be more valuable after |
17 | the relief is granted are not grounds for relief. |
18 | (67)(77) Waters. As defined in § 46-12-1(23). |
19 | (68)(78) Wetland, coastal. As defined in § 45-22.2-4. |
20 | (69)(79) Wetland, freshwater. As defined in § 2-1-20. |
21 | (70)(80) Zoning certificate. A document signed by the zoning-enforcement officer, as |
22 | required in the zoning ordinance, that acknowledges that a use, structure, building, or lot either |
23 | complies with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or |
24 | is an authorized variance or modification therefrom. |
25 | (71)(81) Zoning map. The map, or maps, that are a part of the zoning ordinance and that |
26 | delineate the boundaries of all mapped zoning districts within the physical boundary of the city or |
27 | town. |
28 | (72)(82) Zoning ordinance. An ordinance enacted by the legislative body of the city or |
29 | town pursuant to this chapter and in the manner providing for the adoption of ordinances in the city |
30 | or town's legislative or home rule charter, if any, that establish regulations and standards relating |
31 | to the nature and extent of uses of land and structures; that is consistent with the comprehensive |
32 | plan of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that |
33 | complies with the provisions of this chapter. |
34 | (73)(83) Zoning-use and form district. The basic unit in zoning, either mapped or |
| LC004097 - Page 13 of 32 |
1 | unmapped, to which a uniform set of regulations applies, or a uniform set of regulations for a |
2 | specified use. Zoning-use and form districts include, but are not limited to: agricultural, |
3 | commercial, industrial, institutional, mixed-use, open space, and residential, as well as urban core, |
4 | urban center, general urban, inner suburban, outer suburban, exurban, and rural. Each district may |
5 | include sub-districts. Districts may be combined. |
6 | (84) Zoning use that raises pollution risk. A use that raises potential for residents and |
7 | visitors of the surrounding area to experience the negative effects of air, groundwater, stormwater, |
8 | smell, auditory, or vibrational activities associated with the primary or accessory use of the subject |
9 | property. The following uses shall be included: animal care facility, nightclub, broadcasting |
10 | facility, car wash, drive-through facility, parking facility, asphalt surfaces, freight terminal, funeral |
11 | home, gas station, golf course, plant nursery, commercial agriculture, marina, boat construction |
12 | and repair, brewery, distillery, winery, power plant, strip mall, motorized vehicle repair, and all |
13 | industrial uses. The division of planning shall have the power to establish rules and regulations that |
14 | identify additional uses that meet these criteria. |
15 | 45-24-33. Standard provisions. |
16 | (a) A zoning ordinance addresses each of the purposes stated in § 45-24-30 and addresses, |
17 | through reasonable objective standards and criteria, the following general provisions which are |
18 | numbered for reference purposes only except as prohibited by §§ 45-24-30(b), 45-24-30(c), or 45- |
19 | 24-30(d): |
20 | (1) Permitting, prohibiting, limiting, and restricting the development and redevelopment of |
21 | land and structures in zoning districts, and regulating those land and structures according to their |
22 | type and the nature and extent of their use; |
23 | (2) Regulating the nature and extent of the use of land for residential, commercial, |
24 | industrial, institutional, recreational, agricultural, open space, or other use or combination of uses, |
25 | as the need for land for those purposes is determined by the city or town's comprehensive plan; |
26 | (3) Permitting, prohibiting, limiting, and restricting buildings, structures, land uses, and |
27 | other development and redevelopment by performance standards, or other requirements, related to |
28 | air and water and groundwater quality, noise and glare, energy consumption, soil erosion and |
29 | sedimentation, and/or the availability and capacity of existing and planned public or private |
30 | services, specifically transportation, water, stormwater management systems, sewage treatment and |
31 | disposal, solid waste treatment and disposal, schools, recreation, public facilities, open space, and |
32 | other public requirements; |
33 | (4) Regulating within each district and designating requirements for: |
34 | (i) The height, number of stories, and size, fenestration, and proportions of buildings; |
| LC004097 - Page 14 of 32 |
1 | (ii) The dimensions, size, lot coverage, floor area ratios, and layout of lots or development |
2 | areas; |
3 | (iii) The density and intensity of use; |
4 | (iv) Access to air and light, views, and solar access; |
5 | (v) Open space, yards, courts, and buffers; |
6 | (vi) Parking areas, road design, and, where appropriate, pedestrian, bicycle, and other |
7 | circulator systems; |
8 | (vii) Landscaping, fencing, and lighting; |
9 | (viii) Appropriate drainage requirements and methods to manage stormwater runoff; |
10 | (ix) Public access to waterbodies, rivers, and streams; and |
11 | (x) Other requirements in connection with any use of land or structure; |
12 | (5) Permitting, prohibiting, limiting, and restricting development and redevelopment in |
13 | flood plains or flood hazard areas and designated significant natural areas; |
14 | (6) Promoting the conservation of energy and promoting energy-efficient patterns of |
15 | development and redevelopment; |
16 | (7) Providing for the protection of existing and planned public drinking water supplies, |
17 | their tributaries and watersheds, and the protection of Narragansett Bay, its tributaries and |
18 | watershed; |
19 | (8) Providing for adequate, safe, and efficient transportation systems; and avoiding |
20 | congestion by relating types and levels of development and redevelopment to the capacity of the |
21 | circulation system, and maintaining a safe level of service of the system; |
22 | (9) Providing for the preservation and enhancement of the recreational resources of the city |
23 | or town; |
24 | (10) Promoting an economic climate that increases quality job opportunities and the overall |
25 | economic well-being of the city or town and the state; |
26 | (11) Providing for pedestrian transportation access to and between public and private |
27 | facilities, including, but not limited to, schools, employment centers, shopping areas, recreation |
28 | areas, and residences; |
29 | (12) Providing standards for, and requiring the provision of, adequate and properly |
30 | designed physical improvements, including plantings, and the proper maintenance of property; |
31 | (13) Permitting, prohibiting, limiting, and restricting land use in areas where development |
32 | and redevelopment is deemed to create a hazard to the public health or safety; |
33 | (14) Permitting, prohibiting, limiting, and restricting extractive industries and earth |
34 | removal and requiring restoration of land after these activities; |
| LC004097 - Page 15 of 32 |
1 | (15) Regulating sanitary landfill, except as otherwise provided by state statute; |
2 | (16) Permitting, prohibiting, limiting, and restricting signs and billboards and other outdoor |
3 | advertising devices; |
4 | (17) Designating airport hazard areas under the provisions of chapter 3 of title 1, and |
5 | enforcement of airport hazard area zoning regulations under the provisions established in that |
6 | chapter; |
7 | (18) Designating areas of historic, cultural, and/or archaeological value and regulating |
8 | development and redevelopment in those areas under the provisions of chapter 24.1 of this title; |
9 | (19) Providing standards and requirements for the regulation, review, and approval of any |
10 | proposed development and redevelopment in connection with those uses of land, buildings, or |
11 | structures specifically designated as subject to development plan review in a zoning ordinance; |
12 | (20) Designating special protection areas for water supply and limiting or prohibiting |
13 | development and redevelopment in these areas, except as otherwise provided by state statute; |
14 | (21) Specifying requirements for safe road access to developments and redevelopments |
15 | from existing streets, including limiting the number, design, and location of curb cuts, and |
16 | provisions for internal circulation systems, including pedestrian and bicycle ways, for new |
17 | developments and redevelopments, and provisions for pedestrian and bicycle ways; and |
18 | (22) Reducing unnecessary delay in approving or disapproving development applications |
19 | through provisions for preapplication conferences and other means.; |
20 | (23) Providing for the application of the Rhode Island Fair Housing Practices Act, chapter |
21 | 37 of title 34, the United States Fair Housing Amendments Act of 1988 (FHAA); the Rhode Island |
22 | Civil Rights People with Disabilities Act, chapter 37 of title 42; and the Americans with Disabilities |
23 | Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.; and |
24 | (24) Regulating drive-through windows of varied intensity of use when associated with |
25 | land-use activities and providing standards and requirements for the regulation, review, and |
26 | approval of the drive-through windows, including, but not limited to: |
27 | (i) Identifying within which zoning districts drive-through windows may be permitted, |
28 | prohibited, or permitted by special-use special permit; |
29 | (ii) Specifying requirements for adequate traffic circulation; and |
30 | (iii) Providing for adequate pedestrian safety and access, including issues concerning safety |
31 | and access for those with disabilities. |
32 | (b) A zoning ordinance may include special provisions for any or all of the following: |
33 | (1) Authorizing development incentives, including, but not limited to, additional permitted |
34 | uses, increased development and density, or additional design or dimensional flexibility in |
| LC004097 - Page 16 of 32 |
1 | exchange for: |
2 | (i) Increased open space; |
3 | (ii) Increased housing choices; |
4 | (iii) Traffic and pedestrian improvements; |
5 | (iv) Public and/or private facilities; and/or |
6 | (v) Other amenities as desired by the city or town and consistent with its comprehensive |
7 | plan. The provisions in the ordinance shall include maximum allowable densities of population |
8 | and/or intensities of use and shall indicate the type of improvements, amenities, and/or conditions. |
9 | Conditions may be made for donation in lieu of direct provisions for improvements or amenities; |
10 | (2) Establishing a system for transfer of development rights within or between zoning |
11 | districts designated in the zoning ordinance; and |
12 | (3) Regulating the development and redevelopment adjacent to designated scenic |
13 | highways, scenic waterways, major thoroughfares, public greenspaces, or other areas of special |
14 | public investment or valuable natural resources. |
15 | (c) Slope of land shall not be excluded from the calculation of the buildable lot area or the |
16 | minimum lot size, or in the calculation of the number of buildable lots or units. |
17 | (d) Nothing in this section shall be construed to restrict a municipality's right, within state |
18 | and local regulations, to establish its own minimum lot size per zoning district in its town or city. |
19 | 45-24-34. General provisions -- Purpose and consistency with comprehensive plan. |
20 | (a) A zoning ordinance adopted pursuant to this chapter shall provide a statement of its |
21 | purposes. Those purposes shall be consistent with § 45-24-30. A zoning ordinance adopted or |
22 | amended pursuant to this chapter shall include a statement that the zoning ordinance is consistent |
23 | with the comprehensive plan of the city or town adopted pursuant to chapter 22.2 of this title, or as |
24 | otherwise provided below and shall provide that in the instance of uncertainty in the construction |
25 | or application of any section of the ordinance, the ordinance shall be construed in a manner that |
26 | will further the implementation of, and not be contrary to, the goals and policies and applicable |
27 | elements of the comprehensive plan. |
28 | (b) The city or town shall bring the zoning ordinance or amendment into conformance with |
29 | its comprehensive plan as approved by the chief of the division of planning of the department of |
30 | administration or the superior court in accordance with its implementation schedule as set forth in |
31 | said plan, a period no longer than three (3) years. A zoning ordinance shall address and specify |
32 | requirements for the coordination between contiguous communities, the state, and other agencies, |
33 | as required by chapter 22.2 of this title. |
34 | 45-24-36. General provisions -- Division into districts. |
| LC004097 - Page 17 of 32 |
1 | A zoning ordinance divides a city or town into zoning use and form districts, which may |
2 | include overlay districts and floating zone districts, of the number, kind, type, shape, and area |
3 | suitable to carry out the purposes of this chapter. Regulations and standards shall be consistent for |
4 | each land use, type of development and redevelopment, or type of building or structure within a |
5 | district, but may differ from those in other districts. Zoning use and form districts shall be depicted |
6 | by type and location on the zoning map. |
7 | 45-24-37. General provisions -- Permitted uses. |
8 | (a) The zoning ordinance shall provide a listing of all land uses and/or performance |
9 | standards for uses that are permitted within the zoning use and form districts of the municipality. |
10 | (b) Notwithstanding any other provision of this chapter, the following uses are permitted |
11 | uses within all residential zoning use and form districts of a municipality and all industrial and |
12 | commercial zoning use and form districts except where residential use is prohibited for public |
13 | health or safety reasons: |
14 | (1) Households; |
15 | (2) Community residences; and |
16 | (3) Family daycare homes. |
17 | (c) Any time a building or other structure used for residential purposes, or a portion of a |
18 | building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire |
19 | or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured home, |
20 | or homes, as the need may be, elsewhere upon the land, for use and occupancy of the former |
21 | occupants for a period of up to twelve (12) months, or until the building or structure is rehabilitated |
22 | and otherwise made fit for occupancy. The property owner, or a properly designated agent of the |
23 | owner, is only allowed to cause the mobile and manufactured home, or homes, to remain |
24 | temporarily upon the land by making timely application to the local building official for the |
25 | purposes of obtaining the necessary permits to repair or rebuild redevelop the structure. |
26 | (d) Notwithstanding any other provision of this chapter, appropriate access for people with |
27 | disabilities to residential structures is allowed as a reasonable accommodation for any person(s) |
28 | residing, or intending to reside, in the residential structure. |
29 | (e) Notwithstanding any other provision of this chapter, an accessory family dwelling unit |
30 | in an owner-occupied, single-family residence shall be permitted as a reasonable accommodation |
31 | for family members with disabilities or who are sixty-two (62) years of age or older, or to |
32 | accommodate other family members. The appearance of the structure shall remain that of a single- |
33 | family residence and there shall be an internal means of egress between the principal unit and the |
34 | accessory family dwelling unit. If possible, no additional exterior entrances should be added. Where |
| LC004097 - Page 18 of 32 |
1 | additional entrance is required, placement should generally be in the rear or side of the structure. |
2 | When the structure is serviced by an individual sewage disposal system, the applicant shall have |
3 | the existing or any new system approved by the department of environmental management. The |
4 | zoning enforcement officer shall require that a declaration of the accessory family dwelling unit for |
5 | the family member, or members, and its restrictions be recorded in the land evidence records and |
6 | filed with the zoning enforcement officer and the building official. Once the family members with |
7 | disabilities or who are sixty-two (62) years of age or older, or any other family member, no longer |
8 | reside(s) in the premises on a permanent basis, or the title is transferred, the property owner shall |
9 | notify the zoning official in writing, and the accessory family dwelling unit shall no longer be |
10 | permitted, unless there is a subsequent, valid application. |
11 | (f) When used in this section the terms "people with disabilities" or "member, or members, |
12 | with disabilities" means a person(s) who has a physical or mental impairment that substantially |
13 | limits one or more major life activities, as defined in § 42-87-1(7). |
14 | (g) Notwithstanding any other provisions of this chapter, plant agriculture is a permitted |
15 | use within all zoning districts of a municipality, including all industrial and commercial zoning |
16 | districts, except where prohibited for public health or safety reasons or the protection of wildlife |
17 | habitat. |
18 | 45-24-39. General provisions -- Nonconforming development. |
19 | (a) Any city or town adopting or amending a zoning ordinance under this chapter shall |
20 | make provision for any use, activity, structure, building, or sign or other improvement, lawfully |
21 | existing at the time of the adoption or amendment of the zoning ordinance, but which is lawfully |
22 | established as nonconforming by use or nonconforming by dimension. The zoning ordinance may |
23 | regulate development which is nonconforming by dimension differently than that which is |
24 | nonconforming by use. |
25 | (b) The zoning ordinance shall permit the continuation of nonconforming development; |
26 | however, this does not prohibit the regulation of nuisances. The continuation of nonconforming |
27 | development shall only relate to zoning. It shall not be construed to provide any right to |
28 | continuation of non-compliance with building codes, any right to continuation of non-compliance |
29 | with the provisions of chapters 24.2 and 24.3 of title 45, any right to continuation of non- |
30 | compliance with the provisions of chapter 23 of title 46, or any right to continuation of non- |
31 | compliance with any regulations promulgated by the coastal resources management council. |
32 | (c) A zoning ordinance may shall provide that, if a nonconforming use is abandoned, it |
33 | may not be reestablished. Abandonment of a nonconforming use zoning use that raises pollution |
34 | risk consists of some overt act, or failure to act, which leads one to believe that the owner of the |
| LC004097 - Page 19 of 32 |
1 | nonconforming zoning use that raises pollution risk neither claims nor retains any interest in |
2 | continuing the nonconforming zoning use that raises pollution risk unless the owner can |
3 | demonstrate an intent not to abandon the zoning use that raises pollution risk. If any nonconforming |
4 | zoning use that raises pollution risk is halted for a period of three (3) years, the owner of the |
5 | nonconforming zoning use that raises pollution risk is presumed to have abandoned the |
6 | nonconforming zoning use that raises pollution risk, even if there is no intent to abandon the zoning |
7 | use that raises pollution risk. An involuntary interruption of nonconforming use, as by fire and |
8 | natural catastrophe, does not establish the intent to abandon the nonconforming use; however, if If |
9 | any nonconforming use is halted for a period of one year twenty (20) years, the owner of the |
10 | nonconforming use is presumed to have abandoned the nonconforming use, unless that presumption |
11 | is rebutted by the presentation of sufficient evidence of intent not to abandon the use. An |
12 | involuntary interruption of nonconforming use, as by fire and natural catastrophe, does not establish |
13 | the intent to abandon the nonconforming use. A use that is nonconforming by use because the |
14 | building or structure contains more dwelling units than are permitted by the use regulations of a |
15 | zoning ordinance shall never be considered abandoned, unless the zoning use and form district does |
16 | not permit any residential use. |
17 | (d) Abandonment of a nonconforming accessory use shall not be construed to imply |
18 | abandonment of other nonconforming uses of the site. |
19 | (e) Although nonconformance by dimension shall never be deemed abandoned, the non- |
20 | abandonment of nonconformance by dimension shall not be construed to imply non-abandonment |
21 | of nonconforming uses of the site. |
22 | 45-24-40. General provisions -- Alteration of nonconforming development. |
23 | (a) A zoning ordinance may shall permit a nonconforming development to be altered under |
24 | either of the following conditions: |
25 | (1) The ordinance may establish a special-use permit, authorizing the alteration, which |
26 | must be approved by the zoning board of review following the procedure established in this chapter |
27 | and in the zoning ordinance; or |
28 | (2) The ordinance may shall allow the reconstruction, addition and enlargement, expansion, |
29 | intensification, or change in use, of nonconforming development either by special permit or by |
30 | right and may distinguish between the foregoing actions by zoning districts. |
31 | (b) The ordinance may require that the alteration more closely adheres to the intent and |
32 | purposes of the zoning ordinance. |
33 | (c) A use established by variance or special use permit shall not acquire the rights of this |
34 | section. |
| LC004097 - Page 20 of 32 |
1 | 45-24-42. General provisions -- Special-use permits. General provisions -- Special |
2 | permits. |
3 | (a) A zoning ordinance shall provide for the issuance of special-use special permits |
4 | approved by the zoning board of review, or, where unified development review is enabled pursuant |
5 | to § 45-24-46.4, the planning board or commission. |
6 | (b) The ordinance shall: |
7 | (1) Specify the uses requiring special-use special permits in each district and the |
8 | dimensions requiring a special dimensional permit in each district. Dimensional requirements in |
9 | special dimensional permits shall not exceed fifty percent (50%) of the dimensional requirements |
10 | specified in the zoning ordinance or the average of existing conditions on lots within the notice area |
11 | as defined in § 45-24-53(d)(2), whichever is greater. A special dimensional permit does not permit |
12 | moving of lot lines; |
13 | (2) Describe the conditions and procedures under which special-use special permits, of |
14 | each or the various categories of special-use special permits established in the zoning ordinance, |
15 | may be issued; |
16 | (3) Establish criteria for the issuance of each category of special-use special permit that |
17 | shall be in conformance with the purposes and intent of the comprehensive plan and the zoning |
18 | ordinance of the city or town. If a special dimensional permit is granted, neighboring property shall |
19 | neither be substantially injured nor its appropriate use substantially impaired, specifically the |
20 | appearance of the subject property from the street in comparison to properties on its left and right, |
21 | and it does not alter a flood hazard requirement; |
22 | (4) Provide for public hearings and notification of the date, time, place, and purpose of |
23 | those hearings to interested parties. Special-use Special permit requests submitted under a zoning |
24 | ordinance's unified development review provisions shall be heard and noticed in conjunction with |
25 | the subdivision or land-development application, according to the requirements of § 45-23-50.1. |
26 | Public notice for special-use special permits that are not submitted under a zoning ordinance's |
27 | unified development review provisions shall be given at least fourteen (14) days prior to the date |
28 | of the hearing in a newspaper of general circulation in the city or town. Notice of hearing shall be |
29 | sent by first-class mail to the applicant, and to all those who would require notice under § 45-24- |
30 | 53. The notice shall also include the street address of the subject property. A zoning ordinance may |
31 | require that a supplemental notice, that an application for a special-use special permit is under |
32 | consideration, be posted at the location in question. The posting is for information purposes only |
33 | and does not constitute required notice of a public hearing. The cost of notification shall be borne |
34 | by the applicant; |
| LC004097 - Page 21 of 32 |
1 | (5) Provide for the recording of findings of fact and written decisions; and |
2 | (6) Provide that appeals may be taken pursuant to §§ 45-24-70 or 45-23-66, dependent on |
3 | the board to which application was made. |
4 | (c) The ordinance additionally may shall provide that an applicant may apply for, and be |
5 | issued, a dimensional variance in conjunction with a special-use special permit. If the special-use |
6 | special permit could not exist without the dimensional variance, the zoning board of review, or, |
7 | where unified development review is enabled pursuant to § 45-24-46.4(b), the planning board or |
8 | commission shall consider the special-use special permit and the dimensional variance together to |
9 | determine if granting the special use permit is appropriate based on both the special use permit |
10 | criteria and the dimensional variance evidentiary standards. |
11 | 45-24-43. General provisions -- Special conditions. |
12 | In granting a variance or in making any determination upon which it is required to pass |
13 | after a public hearing under a zoning ordinance, the zoning board of review or other zoning |
14 | enforcement agency may apply the special conditions that may, in the opinion of the board or |
15 | agency, be required to promote the intent and purposes of the comprehensive plan and the zoning |
16 | ordinance of the city or town. Failure to abide by any special conditions attached to a grant |
17 | constitutes a zoning violation. Those special conditions shall be based on competent credible |
18 | evidence on the record, be incorporated into the decision, and may include, but are not limited to, |
19 | provisions for: |
20 | (1) Minimizing the adverse impact of the development or redevelopment upon other land, |
21 | including the type, intensity, design, and performance of activities; |
22 | (2) Controlling the sequence of development or redevelopment, including when it must be |
23 | commenced and completed; |
24 | (3) Controlling the duration of use or development and the time within which any |
25 | temporary structure must be removed; |
26 | (4) Assuring satisfactory installation and maintenance of required public improvements; |
27 | (5) Designating the exact location and nature of development or redevelopment; and |
28 | (6) Establishing detailed records by submission of drawings, maps, plats, or specifications. |
29 | 45-24-44. General provisions -- Creation of vested rights. |
30 | (a) A zoning ordinance provides protection for the consideration of applications for |
31 | development or redevelopment that are substantially complete and have been submitted for |
32 | approval to the appropriate review agency in the city or town prior to enactment of the new zoning |
33 | ordinance or amendment. |
34 | (b) Zoning ordinances or other land development ordinances or regulations specify the |
| LC004097 - Page 22 of 32 |
1 | minimum requirements for a development application to be substantially complete for the purposes |
2 | of this section. |
3 | (c) Any application considered by a city or town under the protection of this section shall |
4 | be reviewed according to the regulations applicable in the zoning ordinance in force at the time the |
5 | application was submitted. |
6 | (d) If an application for development or redevelopment under the provisions of this section |
7 | is approved, reasonable time limits shall be set within which development or redevelopment of the |
8 | property must begin and within which development or redevelopment must be substantially |
9 | completed. |
10 | 45-24-46.1. Inclusionary zoning. |
11 | (a) A zoning ordinance requiring the inclusion of affordable housing as part of a |
12 | development or redevelopment shall provide that the housing will be affordable housing, as defined |
13 | in § 42-128-8.1(d)(1); that the affordable housing will constitute not less than ten percent (10%) of |
14 | the total units in the development or redevelopment; and that the units will remain affordable for a |
15 | period of not less than thirty-years (30) from initial occupancy enforced through a land lease and/or |
16 | deed restriction enforceable by the municipality and the state of Rhode Island. |
17 | (b) A zoning ordinance that includes inclusionary zoning may provide that the affordable |
18 | housing must be built on-site or utilize one or more alternative methods of production, including, |
19 | but not limited to, off-site construction or rehabilitation, donation of land suitable for development |
20 | of the required affordable units, and/or the payment of a fee in lieu of the construction or provision |
21 | of affordable housing units. For all projects subject to inclusionary zoning, density bonuses and |
22 | other incentives shall be established by the community and shall apply to offset differential costs |
23 | of below-market units. |
24 | (c) This fee in lieu of the construction or provision of affordable housing shall be the choice |
25 | of the developer or builder applied on a per-unit basis and may be used for new developments, |
26 | purchasing property and/or homes, rehabilitating properties, or any other manner that creates |
27 | additional low-or-moderate income housing as defined in § 45-53-3(9). |
28 | (1) For affordable single-family homes and condominium units, the per-unit fee shall be |
29 | the difference between the maximum affordable sales price for a family of four (4) earning eighty |
30 | percent (80%) of the area median income as determined annually by the U.S. Department of |
31 | Housing and Urban Development and the average cost of developing a single unit of affordable |
32 | housing. The average cost of developing a single unit of affordable housing shall be determined |
33 | annually based on the average, per-unit development cost of affordable homes financed by Rhode |
34 | Island housing over the previous three (3) years, excluding existing units that received preservation |
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1 | financing. |
2 | (2) Notwithstanding subsection (c)(1) of this section, in no case shall the per-unit fee for |
3 | affordable single family homes and condominium units be less than forty thousand dollars |
4 | ($40,000). |
5 | (d) The municipality shall deposit all in-lieu payments into restricted accounts that shall be |
6 | allocated and spent only for the creation and development of affordable housing within the |
7 | municipality serving individuals or families at or below eighty percent (80%) of the area median |
8 | income. The municipality shall maintain a local affordable housing board to oversee the funds in |
9 | the restricted accounts and shall allocate the funds within two (2) years. The municipality shall |
10 | include in the housing element of their local comprehensive plan, if applicable, the process it will |
11 | use to allocate the funds. |
12 | (e) As an alternative to the provisions of subsection (d), the municipality may elect to |
13 | transfer in-lieu payments promptly upon receipt or within the two-year (2) period after receipt to |
14 | the housing resources commission or Rhode Island housing for the purpose of developing |
15 | affordable housing within that community. |
16 | (f) Rhode Island housing shall report to the general assembly and the housing resources |
17 | commission the amount of fees in lieu collected by community; the projects that were provided |
18 | funding with the fees, the dollar amounts allocated to the projects and the number of units created. |
19 | 45-24-46.2. Special provisions -- Transfer of development rights -- North Kingstown. |
20 | (a) In addition to other powers granted to towns and cities by this chapter to establish and |
21 | administer transfer of development rights programs, the town council of the town of North |
22 | Kingstown may provide by ordinance for the transfer of development rights, as a voluntary program |
23 | available to developers and property owners, in the manner set forth in this section. |
24 | (b) The establishment, as provided for by this section, of a system for transfer of |
25 | development rights within or between zoning districts, or a portion thereof, designated in the zoning |
26 | ordinance shall be: |
27 | (1) For the purpose of providing developers and property owners the ability to establish, |
28 | certify, purchase, sell, convey, and/or hold land development rights; and |
29 | (2) For one or more of the following purposes: |
30 | (i) Preserving sensitive resource areas in the community such as groundwater reserves, |
31 | wildlife habitat, agricultural lands, and public access to surface waters; |
32 | (ii) Directing development away from sensitive resource areas to places better suited to |
33 | increased levels of development and redevelopment such as established or proposed mixed use, |
34 | commercial, village, or residential centers; |
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1 | (iii) Directing development to areas served by existing infrastructure such as established |
2 | roadways, public water supply systems, centralized sewer collection systems, public transit and |
3 | other utilities; or |
4 | (iv) Shaping and balancing urban and rural development; and/or promoting a high level of |
5 | quality in design in the development and redevelopment of private and public facilities and spaces. |
6 | (c) For purposes of this section the following terms shall have the following meaning: |
7 | (1) "Receiving area district" means a zoning district, which is established and mapped |
8 | pursuant to a transfer of development rights ordinance and superimposed on one or more zoning |
9 | use and form districts or portions thereof that is eligible to receive development rights through a |
10 | major land development project review. As may be necessary or desirable to achieve the intended |
11 | uses, density and intensity of use, a receiving area district may allow for additional development |
12 | and redevelopment capacity and for increased lot building coverage and building envelope that are |
13 | greater than those of the underlying zoning. |
14 | (2) "Sending area district" means a zoning district, which is established and mapped |
15 | pursuant to a transfer of development rights ordinance and superimposed on one or more zoning |
16 | use and form districts or a portion thereof, that is eligible to establish development rights that may |
17 | eventually be transferred to a receiving area. |
18 | 45-24-46.3. Special provisions -- Transfer of development rights -- Exeter. |
19 | (a) In addition to other powers granted to towns and cities by this chapter to establish and |
20 | administer transfer of development rights programs, the town council of the town of Exeter may |
21 | provide by ordinance for the transfer of development rights, as a voluntary program available to |
22 | developers and property owners, in the manner set forth in this section. |
23 | (b) For purposes of this section the following terms shall have the following meaning: |
24 | (1) "Receiving area district" means a zoning district, which is established and mapped |
25 | pursuant to a transfer of development rights ordinance and superimposed on one or more zoning |
26 | use and form districts or portions thereof, that is eligible to receive development rights through a |
27 | major land development project review. As may be necessary or desirable to achieve the intended |
28 | uses, density and intensity of use, a receiving area district may allow for additional development |
29 | capacity and for increased lot building coverage and building envelope that are greater than those |
30 | of the underlying zoning. |
31 | (2) "Sending area district" means a zoning district, which is established and mapped |
32 | pursuant to a transfer of development rights ordinance and superimposed on one or more zoning |
33 | use and form districts or a portion thereof, that is eligible to establish development rights that may |
34 | eventually be transferred to a receiving area. |
| LC004097 - Page 25 of 32 |
1 | (c) The establishment, as provided for by this section, of a system for transfer of |
2 | development rights within or between zoning districts, or a portion thereof, designated in the zoning |
3 | ordinance shall be: |
4 | (1) For the purpose of providing developers and property owners the ability to establish, |
5 | certify, purchase, sell, convey, and/or hold land development rights; and |
6 | (2) For one or more of the following purposes: |
7 | (i) Preserving sensitive resource areas in the community such as groundwater reserves, |
8 | wildlife habitat, agricultural lands, and public access to surface waters; |
9 | (ii) Directing development away from sensitive resource areas to places better suited to |
10 | increased levels of development and redevelopment such as established or proposed mixed use, |
11 | commercial, village, or residential centers; |
12 | (iii) Directing development to areas served by existing infrastructure such as established |
13 | roadways, public water supply systems, centralized sewer collection systems, public transit and |
14 | other utilities; or |
15 | (iv) Shaping and balancing urban and rural development, and/or promoting a high level of |
16 | quality in design in the development and redevelopment of private and public facilities and spaces. |
17 | 45-24-46.4. Special provisions -- Unified development review. |
18 | (a) A zoning ordinance may provide that review and approval of dimensional variances, |
19 | use variances, special dimensional permits, and/or special-use special permits for properties |
20 | undergoing review by the planning board or commission as land-development or subdivision |
21 | projects pursuant to § 45-23-36, be conducted and decided by the planning board or commission. |
22 | This process is to be known as unified development review. |
23 | (b) If unified development review is desired, such review must be enabled within the |
24 | zoning ordinance, in accordance with this section, and the local subdivision and land-development |
25 | regulations must be brought into conformance, pursuant to § 45-23-50.1. |
26 | (c) A zoning ordinance that provides for unified development review shall: |
27 | (1) Specify which types of zoning approval the planning board or commission shall be |
28 | empowered to grant for which types of projects; and |
29 | (2) Provide that any person, group, agency, or corporation that files an application for an |
30 | included land development or subdivision project may also file requests for relief from the literal |
31 | requirements of a zoning ordinance on the subject property, pursuant to § 45-24-41, and/or for the |
32 | issuance of special-use special permits for the subject property, pursuant to § 45-24-42, by |
33 | including such within the application to the administrative officer of the planning board or |
34 | commission with the other required application materials, pursuant to § 45-23-50.1(b). |
| LC004097 - Page 26 of 32 |
1 | (d) A zoning ordinance that provides for unified development review may specify design, |
2 | use, public benefit, or other relevant criteria that must be met in order for an application to qualify |
3 | for review under the unified development review provisions of the zoning ordinance. Certification |
4 | as to whether an application meets the established criteria shall be conducted in conjunction with, |
5 | and following the time lines outlined for, certification of completeness of the application, pursuant |
6 | to §§ 45-23-38(c), 45-23-40(b), or 45-23-41(b). |
7 | (e) All land development and subdivision applications that include requests for variances |
8 | and/or special-use permits submitted pursuant to this section shall require a public hearing that |
9 | meets the requirements of §§ 45-23-50.1(b) and 45-23-50.1(c). |
10 | (f) In granting requests for dimensional and use variances, the planning board or |
11 | commission shall be bound to the requirements of §§ 45-24-41(d) and 45-24-41(e) relative to |
12 | entering evidence into the record in satisfaction of the applicable standards. |
13 | (g) In reviewing requests for special-use special permits, the planning board or commission |
14 | shall be bound to the conditions and procedures under which a special-use special permit may be |
15 | issued and the criteria for the issuance of such permits, as found within the zoning ordinance |
16 | pursuant to §§ 45-24-42(b)(1), 45-24-42(b)(2) and 45-24-42(b)(3), and shall be required to provide |
17 | for the recording of findings of fact and written decisions as described in the zoning ordinance |
18 | pursuant to § 45-24-42(b)(5). |
19 | (h) An appeal from any decision made pursuant to this section may be taken pursuant to § |
20 | 45-23-66. |
21 | 45-24-47. Special provisions -- Land development projects. |
22 | (a) A zoning ordinance may provide for land development projects which are projects in |
23 | which one or more lots, tracts, or parcels of land are to be developed or redeveloped as a coordinated |
24 | site for a complex of uses, units, or structures, including, but not limited to, planned development |
25 | and/or cluster development for residential, commercial, institutional, industrial, recreational, open |
26 | space, and/or mixed uses as may be provided for in the zoning ordinance. |
27 | (b) A zoning ordinance adopted pursuant to this chapter which permits or requires the |
28 | creation of land development projects in one or more zoning districts shall require that any land |
29 | development project is referred to the city or town planning board or commission for approval, in |
30 | accordance with the procedures established by chapter 23 of this title, including those for appeal |
31 | and judicial review, and with any ordinances or regulations adopted pursuant to the procedures, |
32 | whether or not the land development project constitutes a "subdivision", as defined in chapter 23 |
33 | of this title. No land development project shall be initiated until a plan of the project has been |
34 | submitted to the planning board or commission and approval has been granted by the planning |
| LC004097 - Page 27 of 32 |
1 | board or commission. In reviewing, hearing, and deciding upon a land development project, the |
2 | city or town planning board or commission may be empowered to allow zoning incentives within |
3 | the project; provided, that standards for the adjustments are described in the zoning ordinance, and |
4 | may be empowered to apply any special conditions and stipulations to the approval that may, in the |
5 | opinion of the planning board or commission, be required to maintain harmony with neighboring |
6 | uses and promote the objectives and purposes of the comprehensive plan and zoning ordinance. |
7 | (c) In regulating land development projects, an ordinance adopted pursuant to this chapter |
8 | may include, but is not limited to, regulations governing the following: |
9 | (1) A minimum area or site size for a land development project; |
10 | (2) Uses to be permitted within the development; |
11 | (3) Ratios of residential to nonresidential uses where applicable; |
12 | (4) Maximum density per lot and maximum density for the entire development, with |
13 | provisions for adjustment of applicable lot density and dimensional standards where open space is |
14 | to be permanently set aside for public or common use, and/or where the physical characteristics, |
15 | location, or size of the site require an adjustment, and/or where the location, size, and type of |
16 | housing, commercial, industrial, or other use require an adjustment, and/or where housing for low |
17 | and moderate income families is to be provided, or where other amenities not ordinarily required |
18 | are provided, as stipulated in the zoning ordinance. Provision may be made for adjustment of |
19 | applicable lot density and dimensional standards for payment or donation of other land or facilities |
20 | in lieu of an on-site provision of an amenity that would, if provided on-site, enable an adjustment; |
21 | (5) Roads, driveways, utilities, parking, and other facilities; regulations may distinguish |
22 | between those facilities intended to remain in private ownership or to be dedicated to the public; |
23 | and |
24 | (6) Buffer areas, landscaping, screening, and shading. |
25 | (d)(1) A zoning ordinance requiring open land in a cluster development or other land |
26 | development project for public or common use, shall provide that such open land either: (i) be |
27 | conveyed to the city or town and accepted by it for park, open space, agricultural, or other specified |
28 | use or uses, or (ii) be conveyed to a nonprofit organization, the principal purpose of which is the |
29 | conservation of open space or resource protection, or (iii) be conveyed to a corporation or trust |
30 | owned or to be owned by the owners of lots or units within the development or redevelopment, or |
31 | owners of shares within a cooperative development or redevelopment. If such a corporation or trust |
32 | is used, ownership shall pass with conveyances of the lots or units, or (iv) remain in private |
33 | ownership if the use is limited to agriculture, habitat or forestry, and the city or town has set forth |
34 | in its community comprehensive plan and zoning ordinance that private ownership is necessary for |
| LC004097 - Page 28 of 32 |
1 | the preservation and management of the agricultural, habitat or forest resources. |
2 | (2) In any case where the land is not conveyed to the city or town: |
3 | (i) A restriction, in perpetuity, enforceable by the city or town or by any owner of property |
4 | in the cluster or other land development project in which the land is located shall be recorded |
5 | providing that the land is kept in the authorized condition(s) and not built upon or developed for |
6 | accessory uses such as parking or roadway; and |
7 | (ii) The developmental rights and other conservation easements on the land may be held, |
8 | in perpetuity, by a nonprofit organization, the principal purpose of which is the conservation of |
9 | open space or resource protection. |
10 | (3) All open space land provided by a cluster development or other land development |
11 | project shall be subject to a community approved management plan that will specify the permitted |
12 | uses for the open space. |
13 | 45-24-48. Special provisions -- Preapplication conference. |
14 | A zoning ordinance may provide for a preapplication conference for specific types of |
15 | development and redevelopment proposals. A preapplication conference is intended to allow the |
16 | designated agency to: |
17 | (1) Acquaint the applicant with the comprehensive plan and any specific plans that apply |
18 | to the parcel, as well as the zoning and other ordinances that affect the proposed development or |
19 | redevelopment; |
20 | (2) Suggest improvements to the proposed design on the basis of a review of the sketch |
21 | plan; |
22 | (3) Advise the applicant to consult appropriate authorities on the character and placement |
23 | of public utility services; and |
24 | (4) Help the applicant to understand the steps to be taken to receive approval. |
25 | 45-24-57. Administration -- Powers and duties of zoning board of review. |
26 | A zoning ordinance adopted pursuant to this chapter shall provide that the zoning board of |
27 | review shall: |
28 | (1) Have the following powers and duties: |
29 | (i) To hear and decide appeals within sixty-five (65) days of the date of the filing of the |
30 | appeal where it is alleged there is an error in any order, requirement, decision, or determination |
31 | made by an administrative officer or agency in the enforcement or interpretation of this chapter, or |
32 | of any ordinance adopted pursuant hereto; |
33 | (ii) To hear and decide appeals from a party aggrieved by a decision of an historic district |
34 | commission, pursuant to §§ 45-24.1-7.1 and 45-24.1-7.2; |
| LC004097 - Page 29 of 32 |
1 | (iii) To hear and decide appeals where the zoning board of review is appointed as the board |
2 | of appeals for airport zoning regulations, pursuant to § 1-3-19; |
3 | (iv) To authorize, upon application, in specific cases of hardship, variances in the |
4 | application of the terms of the zoning ordinance, pursuant to § 45-24-41; |
5 | (v) To authorize, upon application, in specific cases, special-use special permits, pursuant |
6 | to § 45-24-42, where the zoning board of review is designated as a permit authority for special-use |
7 | special permits; |
8 | (vi) To refer matters to the planning board or commission, or to other boards or agencies |
9 | of the city or town as the zoning board of review may deem appropriate, for findings and |
10 | recommendations; |
11 | (vii) To provide for the issuance of conditional zoning approvals where a proposed |
12 | application would otherwise be approved except that one or more state or federal agency approvals |
13 | that are necessary are pending. A conditional zoning approval shall be revoked in the instance |
14 | where any necessary state or federal agency approvals are not received within a specified time |
15 | period; and |
16 | (viii) To hear and decide other matters, according to the terms of the ordinance or other |
17 | statutes, and upon which the board may be authorized to pass under the ordinance or other statutes; |
18 | and |
19 | (2) Be required to vote as follows: |
20 | (i) Five (5) active members are necessary to conduct a hearing. As soon as a conflict occurs |
21 | for a member, that member shall recuse himself or herself, shall not sit as an active member, and |
22 | shall take no part in the conduct of the hearing. Only five (5) active members are entitled to vote |
23 | on any issue; |
24 | (ii) The concurring vote of three (3) of the five (5) members of the zoning board of review |
25 | sitting at a hearing are necessary to reverse any order, requirement, decision, or determination of |
26 | any zoning administrative officer from whom an appeal was taken; and |
27 | (iii) The concurring vote of four (4) of the five (5) members of the zoning board of review |
28 | sitting at a hearing is required to decide in favor of an applicant on any matter within the discretion |
29 | of the board upon which it is required to pass under the ordinance, including variances and special- |
30 | use special permits. |
31 | 45-24-58. Administration -- Application procedure. |
32 | The zoning ordinance establishes the various application procedures necessary for the |
33 | filing of appeals, requests for variances, special-use special permits, development plan reviews, site |
34 | plan reviews, and other applications that may be specified in the zoning ordinance, with the zoning |
| LC004097 - Page 30 of 32 |
1 | board of review, consistent with the provisions of this chapter. The zoning ordinance provides for |
2 | the creation of appropriate forms, and for the submission and resubmission requirements, for each |
3 | type of application required. A zoning ordinance may establish that a time period of a certain |
4 | number of months is required to pass before a successive similar application may be filed. |
5 | 45-24-61. Administration -- Decisions and records of zoning board of review. |
6 | (a) Following a public hearing, the zoning board of review shall render a decision within |
7 | fifteen (15) days. The zoning board of review shall include in its decision all findings of fact and |
8 | conditions, showing the vote of each participating member, and the absence of a member or his or |
9 | her failure to vote. Decisions shall be recorded and filed in the office of the city or town clerk within |
10 | thirty (30) days from the date when the decision was rendered, and is a public record. The zoning |
11 | board of review shall keep written minutes of its proceedings, showing the vote of each member |
12 | upon each question, or, if absent or failing to vote, indicating that fact, and shall keep records of its |
13 | examinations, findings of fact, and other official actions, all of which shall be recorded and filed in |
14 | the office of the zoning board of review in an expeditious manner upon completion of the |
15 | proceeding. For any proceeding in which the right of appeal lies to the superior or supreme court, |
16 | the zoning board of review shall have the minutes taken either by a competent stenographer or |
17 | recorded by a sound-recording device. |
18 | (b) Any decision by the zoning board of review, including any special conditions attached |
19 | to the decision, shall be mailed within one business day of recording, by any method that provides |
20 | confirmation of receipt to the applicant, to any objector who has filed a written request for notice |
21 | with the zoning enforcement officer, and to the zoning enforcement officer of the city or town. Any |
22 | decision evidencing the granting of a variance, modification, or special use special permit shall also |
23 | be recorded in the land evidence records of the city or town and mailed within one business day of |
24 | recording, by any method that provides confirmation of receipt, to the applicant, to any objector |
25 | who has filed a written request for notice with the zoning enforcement officer, and to the zoning |
26 | officer. A copy of the recorded decision shall be mailed within one business day of recording, by |
27 | any method that provides confirmation of receipt, to the applicant, and to any objector who has |
28 | filed a written request for notice with the zoning enforcement officer, as well as a copy to the zoning |
29 | enforcement officer. |
30 | SECTION 2. This act shall take effect upon passage. |
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LC004097 | |
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| LC004097 - Page 31 of 32 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES -- PROMOTION OF | |
NEIGHBORHOOD CHARACTER AND SMART GROWTH | |
*** | |
1 | This act would amend several sections of the Rhode Island Zoning Enabling Act of 1991 |
2 | with the intent of preserving neighborhood character and promoting smart growth. |
3 | This act would take effect upon passage. |
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LC004097 | |
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| LC004097 - Page 32 of 32 |