2024 -- H 7981

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LC005509

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES

     Introduced By: Representatives Giraldo, Speakman, Biah, Henries, Voas, Kislak, Batista,
Diaz, Alzate, and Kazarian

     Date Introduced: March 05, 2024

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

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

Ordinances" is hereby amended to read as follows:

     45-24-37. General provisions — Permitted uses. [Effective January 1, 2024.]

     (a) The zoning ordinance shall provide a listing of all land uses and/or performance

standards for uses that are permitted within the zoning use districts of the municipality. The

ordinance may provide for a procedure under which a proposed land use that is not specifically

listed may be presented by the property owner to the zoning board of review or to a local official

or agency charged with administration and enforcement of the ordinance for an evaluation and

determination of whether the proposed use is of a similar type, character, and intensity as a listed

permitted use. Upon such determination, the proposed use may be considered to be a permitted use.

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

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

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

     (1) Households;

     (2) Community residences; and

     (3) Family daycare homes.; and

     (4) Residential uses.

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

uses within all industrial use districts except where residential use is prohibited for public health or

safety reasons:

     (1) Households;

     (2) Community residences; and

     (3) Family daycare homes.

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

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

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

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

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

and otherwise made fit for occupancy. The property owner, or a properly designated agent of the

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

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

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

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

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

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

     (e)(f) Notwithstanding any other provision of this chapter, an accessory dwelling unit in an

owner-occupied residence that complies with §§ 45-24-31 and 45-24-73 shall be permitted as a

reasonable accommodation for family members with disabilities or who are sixty-two (62) years of

age or older, or to accommodate other family members.

     (f)(g) When used in this section the terms “people with disabilities” or “member, or

members, with disabilities” means a person(s) who has a physical or mental impairment that

substantially limits one or more major life activities, as defined in § 42-87-1(7).

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

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

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

habitat.

     (h)(i) Adaptive reuse. Notwithstanding any other provisions of this chapter, adaptive reuse

for the conversion of any commercial building, including offices, schools, religious facilities,

medical buildings, and malls into residential units or mixed-use developments which include the

development of at least fifty percent (50%) of the existing gross floor area into residential units,

shall be a permitted use and allowed by specific and objective provisions of a zoning ordinance,

except where such is prohibited by environmental land use restrictions recorded on the property by

the state of Rhode Island department of environmental management or the United States

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Environmental Protection Agency preventing the conversion to residential use.

     (1) The specific zoning ordinance provisions for adaptive reuse shall exempt adaptive reuse

developments from off-street parking requirements of over one space per dwelling unit.

     (2) Density.

     (i) For projects that meet the following criteria, zoning ordinances shall allow for high

density development and shall not limit the density to less than fifteen (15) dwelling units per acre:

     (A) Where the project is limited to the existing footprint, except that the footprint is allowed

to be expanded to accommodate upgrades related to the building and fire codes and utilities; and

     (B) The development includes at least twenty percent (20%) low- and moderate-income

housing; and

     (C) The development has access to public sewer and water service or has access to adequate

private water, such as a well and and/or wastewater treatment system(s) approved by the relevant

state agency for the entire development as applicable.

     (ii) For all other adaptive reuse projects, the residential density permitted in the converted

structure shall be the maximum allowed that otherwise meets all standards of minimum housing

and has access to public sewer and water service or has access to adequate private water, such as a

well, and wastewater treatment system(s) approved by the relevant state agency for the entire

development, as applicable. The density proposed shall be determined to meet all public health and

safety standards.

     (3) Notwithstanding any other provisions of this chapter, for adaptive reuse projects,

existing building setbacks shall remain and shall be considered legal nonconforming, but no

additional encroachments shall be permitted into any nonconforming setback, unless otherwise

allowed by zoning ordinance or relief is granted by the applicable authority.

     (4) For adaptive reuse projects, notwithstanding any other provisions of this chapter, the

height of the existing structure, if it exceeds the maximum height of the zoning district, may remain

and shall be considered legal nonconforming, and any rooftop construction shall be included within

the height exemption

     SECTION 2. This act shall take effect on January 1, 2025.

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LC005509

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES

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     This act would amend the provisions relative to permitted uses within residential, industrial

and commercial zoning use districts.

     This act would take effect on January 1, 2025.

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LC005509

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