2022 -- S 2623 | |
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LC004360 | |
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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 -- ACCESSORY | |
APARTMENTS | |
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Introduced By: Senators Kallman, Lombardo, Quezada, Mack, and Burke | |
Date Introduced: March 10, 2022 | |
Referred To: Senate Housing & Municipal Government | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 45-24-31 and 45-24-37 of the General Laws in Chapter 45-24 |
2 | entitled "Zoning Ordinances" are hereby amended to read as follows: |
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 Accessory apartment. A dwelling unit: (i) Rented to and |
12 | occupied either by one or more members of the family of the occupant or occupants of the principal |
13 | residence persons; or (ii) Reserved for rental occupancy by a person or a family where the principal |
14 | residence is owner occupied and that meets the following provisions: |
15 | (A) In zoning districts that allow residential uses, no more than one accessory dwelling unit |
16 | apartment may be an accessory to a single-family dwelling. |
17 | (B) An accessory dwelling unit apartment shall include separate cooking and sanitary |
18 | facilities, with its own legal means of ingress and egress, and is a complete, separate dwelling unit |
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1 | apartment. The accessory dwelling unit shall be within, or attached to, the principal dwelling-unit |
2 | structure or within an existing structure, such as a garage or barn, and designed so that the |
3 | appearance of the principal structure remains that of a one-family residence. |
4 | (3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental |
5 | and subordinate to the principal use of the land or building. An accessory use may be restricted to |
6 | the same lot as the principal use. An accessory use shall not be permitted without the principal use |
7 | to which it is related. |
8 | (4) Affordable accessory apartment. Affordable accessory apartment means an accessory |
9 | apartment that is subject to binding recorded deeds which contain covenants or restrictions that |
10 | require such accessory apartment be sold or rented at, or below, prices that will preserve the unit |
11 | as housing for which, for a period of not less than ten (10) years, persons and families pay thirty |
12 | percent (30%) or less of income, where such income is less than or equal to eighty percent (80%) |
13 | of the median income for municipal residents; |
14 | (5) As of right. As of right means the act, conduct or activity is approved or authorized in |
15 | accordance with the terms of a zoning regulation or regulations and without requiring that a public |
16 | hearing be held, a variance, special permit or special exception be granted or some other |
17 | discretionary zoning action be taken, other than a determination that a site plan is in conformance |
18 | with applicable zoning regulations; |
19 | (4)(6) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be: |
20 | (i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her, |
21 | or its property will be injured by a decision of any officer or agency responsible for administering |
22 | the zoning ordinance of a city or town; or |
23 | (ii) Anyone requiring notice pursuant to this chapter. |
24 | (5)(7) Agricultural land. "Agricultural land," as defined in § 45-22.2-4. |
25 | (6)(8) Airport hazard area. "Airport hazard area," as defined in § 1-3-2. |
26 | (7)(9) Applicant. An owner, or authorized agent of the owner, submitting an application or |
27 | appealing an action of any official, board, or agency. |
28 | (8)(10) Application. The completed form, or forms, and all accompanying documents, |
29 | exhibits, and fees required of an applicant by an approving authority for development review, |
30 | approval, or permitting purposes. |
31 | (9)(11) Buffer. Land that is maintained in either a natural or landscaped state, and is used |
32 | to screen or mitigate the impacts of development on surrounding areas, properties, or rights-of- |
33 | way. |
34 | (10)(12) Building. Any structure used or intended for supporting or sheltering any use or |
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1 | occupancy. |
2 | (11)(13) Building envelope. The three-dimensional space within which a structure is |
3 | permitted to be built on a lot and that is defined by regulations governing building setbacks, |
4 | maximum height, and bulk; by other regulations; or by any combination thereof. |
5 | (12)(14) Building height. For a vacant parcel of land, building height shall be measured |
6 | from the average, existing-grade elevation where the foundation of the structure is proposed. For |
7 | an existing structure, building height shall be measured from average grade taken from the |
8 | outermost four (4) corners of the existing foundation. In all cases, building height shall be measured |
9 | to the top of the highest point of the existing or proposed roof or structure. This distance shall |
10 | exclude spires, chimneys, flag poles, and the like. For any property or structure located in a special |
11 | flood hazard area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted |
12 | on the Rhode Island coastal resources management council (CRMC) suggested design elevation |
13 | three foot (3') sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred- |
14 | year (100) storm, the greater of the following amounts, expressed in feet, shall be excluded from |
15 | the building height calculation: |
16 | (i) The base flood elevation on the FEMA FIRM plus up to five feet (5') of any utilized or |
17 | proposed freeboard, less the average existing grade elevation; or |
18 | (ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a |
19 | one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate |
20 | the appropriate suggested design elevation map for the exclusion every ten (10) years, or as |
21 | otherwise necessary. |
22 | (13)(15) Cluster. A site-planning technique that concentrates buildings in specific areas on |
23 | the site to allow the remaining land to be used for recreation, common open space, and/or |
24 | preservation of environmentally, historically, culturally, or other sensitive features and/or |
25 | structures. The techniques used to concentrate buildings shall be specified in the ordinance and may |
26 | include, but are not limited to, reduction in lot areas, setback requirements, and/or bulk |
27 | requirements, with the resultant open land being devoted by deed restrictions for one or more uses. |
28 | Under cluster development, there is no increase in the number of lots that would be permitted under |
29 | conventional development except where ordinance provisions include incentive bonuses for certain |
30 | types or conditions of development. |
31 | (14)(16) Common ownership. Either: |
32 | (i) Ownership by one or more individuals or entities in any form of ownership of two (2) |
33 | or more contiguous lots; or |
34 | (ii) Ownership by any association (ownership may also include a municipality) of one or |
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1 | more lots under specific development techniques. |
2 | (15)(17) Community residence. A home or residential facility where children and/or adults |
3 | reside in a family setting and may or may not receive supervised care. This does not include halfway |
4 | houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the |
5 | following: |
6 | (i) Whenever six (6) or fewer children or adults with intellectual and/or developmental |
7 | disability reside in any type of residence in the community, as licensed by the state pursuant to |
8 | chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community |
9 | residences; |
10 | (ii) A group home providing care or supervision, or both, to not more than eight (8) persons |
11 | with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1; |
12 | (iii) A residence for children providing care or supervision, or both, to not more than eight |
13 | (8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of |
14 | title 42; |
15 | (iv) A community transitional residence providing care or assistance, or both, to no more |
16 | than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) |
17 | persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, |
18 | abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor |
19 | more than two (2) years. Residents will have access to, and use of, all common areas, including |
20 | eating areas and living rooms, and will receive appropriate social services for the purpose of |
21 | fostering independence, self-sufficiency, and eventual transition to a permanent living situation. |
22 | (16)(18) Comprehensive plan. The comprehensive plan adopted and approved pursuant to |
23 | chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in |
24 | compliance. |
25 | (17)(19) Day care -- Daycare center. Any other daycare center that is not a family daycare |
26 | home. |
27 | (18)(20) Day care -- Family daycare home. Any home, other than the individual's home, |
28 | in which day care in lieu of parental care or supervision is offered at the same time to six (6) or less |
29 | individuals who are not relatives of the caregiver, but may not contain more than a total of eight |
30 | (8) individuals receiving day care. |
31 | (19)(21) Density, residential. The number of dwelling units per unit of land. |
32 | (20)(22) Development. The construction, reconstruction, conversion, structural alteration, |
33 | relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; |
34 | or any change in use, or alteration or extension of the use, of land. |
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1 | (21)(23) Development plan review. The process whereby authorized, local officials review |
2 | the site plans, maps, and other documentation of a development to determine the compliance with |
3 | the stated purposes and standards of the ordinance. |
4 | (22)(24) District. See "zoning-use district." |
5 | (23)(25) Drainage system. A system for the removal of water from land by drains, grading, |
6 | or other appropriate means. These techniques may include runoff controls to minimize erosion and |
7 | sedimentation during and after construction or development; the means for preserving surface and |
8 | groundwaters; and the prevention and/or alleviation of flooding. |
9 | (24)(26) Dwelling unit. A structure, or portion of a structure, providing complete, |
10 | independent living facilities for one or more persons, including permanent provisions for living, |
11 | sleeping, eating, cooking, and sanitation, and containing a separate means of ingress and egress. |
12 | (25)(27) Extractive industry. The extraction of minerals, including: solids, such as coal and |
13 | ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes |
14 | quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other |
15 | preparation customarily done at the extraction site or as a part of the extractive activity. |
16 | (26)(28)Family member. A person, or persons, related by blood, marriage, or other legal |
17 | means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, |
18 | grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household. |
19 | (27)(29)Floating zone. An unmapped zoning district adopted within the ordinance that is |
20 | established on the zoning map only when an application for development, meeting the zone |
21 | requirements, is approved. |
22 | (28)(30) Floodplains, or Flood hazard area. As defined in § 45-22.2-4. |
23 | (29)(31) Freeboard. A factor of safety expressed in feet above the base flood elevation of |
24 | a flood hazard area for purposes of floodplain management. Freeboard compensates for the many |
25 | unknown factors that could contribute to flood heights, such as wave action, bridge openings, and |
26 | the hydrological effect of urbanization of the watershed. |
27 | (30)(32) Groundwater. "Groundwater" and associated terms, as defined in § 46-13.1-3. |
28 | (31)(33) Halfway house. A residential facility for adults or children who have been |
29 | institutionalized for criminal conduct and who require a group setting to facilitate the transition to |
30 | a functional member of society. |
31 | (32)(34) Hardship. See § 45-24-41. |
32 | (33)(35) Historic district or historic site. As defined in § 45-22.2-4. |
33 | (34)(36) Home occupation. Any activity customarily carried out for gain by a resident, |
34 | conducted as an accessory use in the resident's dwelling unit. |
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1 | (35)(37) Household. One or more persons living together in a single-dwelling unit, with |
2 | common access to, and common use of, all living and eating areas and all areas and facilities for |
3 | the preparation and storage of food within the dwelling unit. The term "household unit" is |
4 | synonymous with the term "dwelling unit" for determining the number of units allowed within any |
5 | structure on any lot in a zoning district. An individual household shall consist of any one of the |
6 | following: |
7 | (i) A family, which may also include servants and employees living with the family; or |
8 | (ii) A person or group of unrelated persons living together. The maximum number may be |
9 | set by local ordinance, but this maximum shall not be less than three (3). |
10 | (36)(38) Incentive zoning. The process whereby the local authority may grant additional |
11 | development capacity in exchange for the developer's provision of a public benefit or amenity as |
12 | specified in local ordinances. |
13 | (37)(39) Infrastructure. Facilities and services needed to sustain residential, commercial, |
14 | industrial, institutional, and other activities. |
15 | (38)(40) Land-development project. A project in which one or more lots, tracts, or parcels |
16 | of land are developed or redeveloped as a coordinated site for one or more uses, units, or structures, |
17 | including, but not limited to, planned development or cluster development for residential, |
18 | commercial, institutional, recreational, open space, or mixed uses as provided in the zoning |
19 | ordinance. |
20 | (39)(41) Lot. Either: |
21 | (i) The basic development unit for determination of lot area, depth, and other dimensional |
22 | regulations; or |
23 | (ii) A parcel of land whose boundaries have been established by some legal instrument, |
24 | such as a recorded deed or recorded map, and that is recognized as a separate legal entity for |
25 | purposes of transfer of title. |
26 | (40)(42) Lot area. The total area within the boundaries of a lot, excluding any street right- |
27 | of-way, usually reported in acres or square feet. |
28 | (41)(43) Lot area, minimum. The smallest land area established by the local zoning |
29 | ordinance upon which a use, building, or structure may be located in a particular zoning district. |
30 | (42)(44) Lot building coverage. That portion of the lot that is, or may be, covered by |
31 | buildings and accessory buildings. |
32 | (43)(45) Lot depth. The distance measured from the front lot line to the rear lot line. For |
33 | lots where the front and rear lot lines are not parallel, the lot depth is an average of the depth. |
34 | (44)(46) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall |
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1 | specify how noncontiguous frontage will be considered with regard to minimum frontage |
2 | requirements. |
3 | (45)(47) Lot line. A line of record, bounding a lot, that divides one lot from another lot or |
4 | from a public or private street or any other public or private space and shall include: |
5 | (i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall |
6 | specify the method to be used to determine the front lot line on lots fronting on more than one |
7 | street, for example, corner and through lots; |
8 | (ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of |
9 | triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10') in length |
10 | entirely within the lot, parallel to and at a maximum distance from, the front lot line; and |
11 | (iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may |
12 | be a street lot line, depending on requirements of the local zoning ordinance. |
13 | (46)(48) Lot size, minimum. Shall have the same meaning as "minimum lot area" defined |
14 | herein. |
15 | (47)(49) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon two |
16 | (2) streets that do not intersect at the boundaries of the lot. |
17 | (48)(50) Lot width. The horizontal distance between the side lines of a lot measured at right |
18 | angles to its depth along a straight line parallel to the front lot line at the minimum front setback |
19 | line. |
20 | (49)(51)Mere inconvenience. See § 45-24-41. |
21 | (50)(52) Mixed use. A mixture of land uses within a single development, building, or tract. |
22 | (51)(53) Modification. Permission granted and administered by the zoning enforcement |
23 | officer of the city or town, and pursuant to the provisions of this chapter to grant a dimensional |
24 | variance other than lot area requirements from the zoning ordinance to a limited degree as |
25 | determined by the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) |
26 | of each of the applicable dimensional requirements. |
27 | (52)(54) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully |
28 | existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with |
29 | the provisions of that ordinance or amendment. Nonconformance is of only two (2) types: |
30 | (i) Nonconforming by use: a lawfully established use of land, building, or structure that is |
31 | not a permitted use in that zoning district. A building or structure containing more dwelling units |
32 | than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or |
33 | (ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance |
34 | with the dimensional regulations of the zoning ordinance. Dimensional regulations include all |
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1 | regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building |
2 | or structure containing more dwelling units than are permitted by the use regulations of a zoning |
3 | ordinance is nonconforming by use; a building or structure containing a permitted number of |
4 | dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per |
5 | dwelling unit regulations, is nonconforming by dimension. |
6 | (53)(55) Overlay district. A district established in a zoning ordinance that is superimposed |
7 | on one or more districts or parts of districts. The standards and requirements associated with an |
8 | overlay district may be more or less restrictive than those in the underlying districts consistent with |
9 | other applicable state and federal laws. |
10 | (54)(56) Performance standards. A set of criteria or limits relating to elements that a |
11 | particular use or process must either meet or may not exceed. |
12 | (55)(57) Permitted use. A use by right that is specifically authorized in a particular zoning |
13 | district. |
14 | (56)(58) Planned development. A "land-development project," as defined in subsection |
15 | (38), and developed according to plan as a single entity and containing one or more structures or |
16 | uses with appurtenant common areas. |
17 | (57)(59) Plant agriculture. The growing of plants for food or fiber, to sell or consume. |
18 | (58)(60) Preapplication conference. A review meeting of a proposed development held |
19 | between applicants and reviewing agencies as permitted by law and municipal ordinance, before |
20 | formal submission of an application for a permit or for development approval. |
21 | (59)(61) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance |
22 | of the required setback for the zoning district in which the lot is located that establishes the area |
23 | within which the principal structure must be erected or placed. |
24 | (60)(62) Site plan. The development plan for one or more lots on which is shown the |
25 | existing and/or the proposed conditions of the lot. |
26 | (61)(63) Slope of land. The grade, pitch, rise, or incline of the topographic landform or |
27 | surface of the ground. |
28 | (62)(64) Special use. A regulated use that is permitted pursuant to the special-use permit |
29 | issued by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a |
30 | special exception. |
31 | (63)(65) Structure. A combination of materials to form a construction for use, occupancy, |
32 | or ornamentation, whether installed on, above, or below the surface of land or water. |
33 | (64)(66) Substandard lot of record. Any lot lawfully existing at the time of adoption or |
34 | amendment of a zoning ordinance and not in conformance with the dimensional or area provisions |
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1 | of that ordinance. |
2 | (65)(67) 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)(68) 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)(69) Waters. As defined in § 46-12-1(23). |
19 | (68)(70) Wetland, coastal. As defined in § 45-22.2-4. |
20 | (69)(71) Wetland, freshwater. As defined in § 2-1-20. |
21 | (70)(72) 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)(73) 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)(74) 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)(75) Zoning-use district. The basic unit in zoning, either mapped or unmapped, to |
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1 | which a uniform set of regulations applies, or a uniform set of regulations for a specified use. |
2 | Zoning-use districts include, but are not limited to: agricultural, commercial, industrial, |
3 | institutional, open space, and residential. Each district may include sub-districts. Districts may be |
4 | combined. |
5 | 45-24-37. General provisions -- Permitted uses. |
6 | (a) The zoning ordinance shall provide a listing of all land uses and/or performance |
7 | standards for uses that are permitted within the zoning use districts of the municipality. |
8 | (b) Notwithstanding any other provision of this chapter, the following uses are permitted |
9 | uses within all residential zoning use districts of a municipality and all industrial and commercial |
10 | zoning use districts except where residential use is prohibited for public health or safety reasons: |
11 | (1) Households; |
12 | (2) Community residences; and |
13 | (3) Family daycare homes. |
14 | (c) Any time a building or other structure used for residential purposes, or a portion of a |
15 | building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire |
16 | or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured home, |
17 | or homes, as the need may be, elsewhere upon the land, for use and occupancy of the former |
18 | occupants for a period of up to twelve (12) months, or until the building or structure is rehabilitated |
19 | and otherwise made fit for occupancy. The property owner, or a properly designated agent of the |
20 | owner, is only allowed to cause the mobile and manufactured home, or homes, to remain |
21 | temporarily upon the land by making timely application to the local building official for the |
22 | purposes of obtaining the necessary permits to repair or rebuild the structure. |
23 | (d) Notwithstanding any other provision of this chapter, appropriate access for people with |
24 | disabilities to residential structures is allowed as a reasonable accommodation for any person(s) |
25 | residing, or intending to reside, in the residential structure. |
26 | (e) Notwithstanding any other provision of this chapter, an accessory family dwelling unit |
27 | apartment or an affordable accessory apartment in an owner-occupied, single-family residence shall |
28 | be permitted as a reasonable accommodation for family members with disabilities or who are sixty- |
29 | two (62) years of age or older, or to accommodate other family members of right. The appearance |
30 | of the structure shall remain that of a single-family residence and there shall be an internal means |
31 | of egress between the principal unit and the accessory family dwelling unit. If possible, no |
32 | additional exterior entrances should be added. Where additional entrance is required, placement |
33 | should generally be in the rear or side of the structure. When the structure is serviced by an |
34 | individual sewage disposal system, the applicant shall have the existing or any new system |
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1 | approved by the department of environmental management. The zoning enforcement officer shall |
2 | require that a declaration of the accessory family dwelling unit for the family member, or members, |
3 | and its restrictions be recorded in the land evidence records and filed with the zoning enforcement |
4 | officer and the building official. Once the family members with disabilities or who are sixty-two |
5 | (62) years of age or older, or any other family member, no longer reside(s) in the premises on a |
6 | permanent basis, or the title is transferred, the property owner shall notify the zoning official in |
7 | writing, and the accessory family dwelling unit shall no longer be permitted, unless there is a |
8 | subsequent, valid application. |
9 | (f) When used in this section the terms "people with disabilities" or "member, or members, |
10 | with disabilities" means a person(s) who has a physical or mental impairment that substantially |
11 | limits one or more major life activities, as defined in § 42-87-1(7). |
12 | (g) Notwithstanding any other provisions of this chapter, plant agriculture is a permitted |
13 | use within all zoning districts of a municipality, including all industrial and commercial zoning |
14 | districts, except where prohibited for public health or safety reasons or the protection of wildlife |
15 | habitat. |
16 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES -- ACCESSORY | |
APARTMENTS | |
*** | |
1 | This act would eliminate the restrictions on accessory dwelling units and allow for |
2 | accessory apartments and affordable accessory apartments as a matter of right. |
3 | This act would take effect upon passage. |
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