2013 -- S 0076

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LC00248

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES

     Introduced By: Senators Sosnowski, Miller, Pichardo, Felag, and P Fogarty

     Date Introduced: January 16, 2013

     Referred To: Senate Housing & Municipal Government

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 45-24-37 of the General Laws in Chapter 45-24 entitled "Zoning

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Ordinances" is hereby amended to read as follows:

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     45-24-37. General provisions -- Permitted uses. -- (a) The zoning ordinance provides a

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listing of all land uses and/or performance standards for uses which are permitted within the

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zoning use districts of the municipality.

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      (b) Notwithstanding any other provision of this chapter, the following uses are permitted

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uses within all residential zoning use districts of a municipality and all industrial and commercial

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zoning use districts except where residential use is prohibited for public health or safety reasons:

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      (1) Households;

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      (2) Community residences; and

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      (3) Family day care homes. ; and

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     (4) Animal agriculture being defined herein as animals, including birds, raised for meat

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or fibers for human consumption where the owner of the land has a least ten (10) contiguous

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acres.

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      (c) Any time a building or other structure used for residential purposes, or a portion of a

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building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire

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or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured

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home or homes, as the need may be, elsewhere upon the land, for use and occupancy of the

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former occupants for a period of up to twelve (12) months, or until the building or structure is

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rehabilitated and otherwise made fit for occupancy. The property owner, or a properly designated

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agent of the owner, is only allowed to cause the mobile and manufactured home or homes to

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remain temporarily upon the land by making timely application to the local building official for

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the purposes of obtaining the necessary permits to repair or rebuild the structure.

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      (d) Notwithstanding any other provision of this chapter, appropriate access for people

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with disabilities to residential structures is allowed as a reasonable accommodation for any

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person(s) residing, or intending to reside, in the residential structure.

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      (e) Notwithstanding any other provision of this chapter, an accessory family dwelling

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unit in an owner-occupied, single-family residence shall be permitted as a reasonable

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accommodation only for family members with disabilities. The appearance of the structure shall

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remain that of a single-family residence and there shall be an internal means of egress between

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the principal unit and the accessory family dwelling unit. If possible, no additional exterior

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entrances should be added. Where additional entrance is required, placement should generally be

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in the rear or side of the structure. When the structure is serviced by an individual sewage

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disposal system, the applicant shall have the existing or any new system approved by the

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department of environmental management. The zoning enforcement officer shall require that a

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declaration of the accessory family dwelling unit for the family member or members and its

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restrictions be recorded in the land evidence records and filed with the zoning enforcement officer

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and the building official. Once the family member or members with disabilities no longer resides

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in the premises on a permanent basis, or the title is transferred, the property owner shall notify the

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zoning official in writing, and the accessory family dwelling unit shall no longer be permitted,

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unless there is a subsequent, valid application.

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      (f) When used in this section the terms "people with disabilities" or "member or

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members with disabilities" means a person(s) who has a physical or mental impairment which

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substantially limits one or more major life activities, as defined in section 34-37-3 of the general

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laws.

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      (g) Notwithstanding any other provisions of this chapter, plant agriculture is a permitted

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use within all zoning districts of a municipality, including all industrial and commercial zoning

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districts, except where prohibited for public health or safety reasons or the protection of wildlife

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habitat.

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     SECTION 2. This act shall take effect upon passage.

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LC00248

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES

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     This act would expand the permitted use within all residential use districts and all

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industrial and commercial zoning use districts of a municipality to include animal agriculture.

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     This act would take effect upon passage.

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LC00248

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