2024 -- S 2408 | |
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LC004210 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
____________ | |
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, Murray, and Kallman | |
Date Introduced: February 12, 2024 | |
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, 45-24-43, 45-24-44, 45-24-46.1, 45-24-46.2, 45-24-46.3, 45-24-47 and 45-24-48 |
3 | of the General Laws in Chapter 45-24 entitled "Zoning Ordinances" are hereby amended to read as |
4 | 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 | (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 permits, and, where adopted, procedures for |
6 | 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. [Effective January 1, 2024.] |
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 (ADU). A residential living unit on the same parcel where |
12 | the primary use is a legally established single-unit or multi-unit dwelling. An ADU provides |
13 | complete independent living facilities for one or more persons. It may take various forms including, |
14 | but not limited to: a detached unit; a unit that is part of an accessory structure, such as a detached |
15 | garage; or a unit that is part of an expanded or remodeled primary dwelling. |
16 | (3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental |
17 | and subordinate to the principal use of the land or building. An accessory use may be restricted to |
18 | the same lot as the principal use. An accessory use shall not be permitted without the principal use |
19 | to which it is related. |
20 | (4) Adaptive reuse. “Adaptive reuse,” as defined in § 42-64.22-2. |
21 | (5) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be: |
22 | (i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her, |
23 | or its property will be injured by a decision of any officer or agency responsible for administering |
24 | the zoning ordinance of a city or town; or |
25 | (ii) Anyone requiring notice pursuant to this chapter. |
26 | (6) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4. |
27 | (7) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2. |
28 | (8) Applicant. An owner, or authorized agent of the owner, submitting an application or |
29 | appealing an action of any official, board, or agency. |
30 | (9) Application. The completed form, or forms, and all accompanying documents, |
31 | exhibits, and fees required of an applicant by an approving authority for development review, |
32 | approval, or permitting purposes. |
33 | (10) Architectural form. The shape or configuration of a building. Form and its opposite, |
34 | space, constitute primary elements of architecture. The form of a group of buildings, such as part |
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1 | of a street wall, may include several buildings on separate lots owned by separate owners. |
2 | (11) Architectural wall. The vertical plane created by a series of architectural forms. See |
3 | also "street wall." |
4 | (10)(12) Buffer. Land that is maintained in either a natural or landscaped state, and is used |
5 | to screen or mitigate the impacts of development on surrounding areas, properties, or rights-of- |
6 | way. |
7 | (11)(13) Building. Any structure used or intended for supporting or sheltering any use or |
8 | occupancy. |
9 | (12)(14) Building envelope. The three-dimensional space within which a structure is |
10 | permitted to be built on a lot and that is defined by regulations governing building setbacks, |
11 | maximum height, and bulk; by other regulations; or by any combination thereof. |
12 | (13)(15) Building height. For a vacant parcel of land, building height shall be measured |
13 | from the average, existing-grade elevation where the foundation of the structure is proposed. For |
14 | an existing structure, building height shall be measured from average grade taken from the |
15 | outermost four (4) corners of the existing foundation. In all cases, building height shall be measured |
16 | to the top of the highest point of the existing or proposed roof or structure. This distance shall |
17 | exclude spires, chimneys, flag poles, and the like. For any property or structure located in a special |
18 | flood hazard area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted |
19 | on the Rhode Island coastal resources management council (CRMC) suggested design elevation |
20 | three foot (3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred- |
21 | year (100) storm, the greater of the following amounts, expressed in feet, shall be excluded from |
22 | the building height calculation: |
23 | (i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or |
24 | proposed freeboard, less the average existing grade elevation; or |
25 | (ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a |
26 | one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate |
27 | the appropriate suggested design elevation map for the exclusion every ten (10) years, or as |
28 | otherwise necessary. |
29 | (16) Civic space. See "public and civic space". |
30 | (14)(17) Cluster. A site-planning technique that concentrates buildings in specific areas |
31 | on the site to allow the remaining land to be used for public and civic space, recreation, common |
32 | open space, and/or preservation of environmentally, historically, culturally, or other sensitive |
33 | features and/or structures. The techniques used to concentrate buildings shall be specified in the |
34 | ordinance and may include, but are not limited to, reduction in lot areas, setback requirements, |
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1 | and/or bulk requirements, with the resultant open land being devoted by deed restrictions for one |
2 | or more uses. Under cluster development, there is no increase in the number of lots that would be |
3 | permitted under conventional development except where ordinance provisions include incentive |
4 | bonuses for certain types or conditions of development. |
5 | (15)(18) Common ownership. Either: |
6 | (i) Ownership by one or more individuals or entities in any form of ownership of two (2) |
7 | or more contiguous lots; or |
8 | (ii) Ownership by any association (ownership may also include a municipality) of one or |
9 | more lots under specific development techniques. |
10 | (16)(19) Community residence. A home or residential facility where children and/or |
11 | adults reside in a family setting and may or may not receive supervised care. This does not include |
12 | halfway houses or substance-use-disorder-treatment facilities. This does include, but is not limited |
13 | to, the following: |
14 | (i) Whenever six (6) or fewer children or adults with intellectual and/or developmental |
15 | disability reside in any type of residence in the community, as licensed by the state pursuant to |
16 | chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community |
17 | residences; |
18 | (ii) A group home providing care or supervision, or both, to not more than eight (8) persons |
19 | with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1; |
20 | (iii) A residence for children providing care or supervision, or both, to not more than eight |
21 | (8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of |
22 | title 42; |
23 | (iv) A community transitional residence providing care or assistance, or both, to no more |
24 | than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) |
25 | persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, |
26 | abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor |
27 | more than two (2) years. Residents will have access to, and use of, all common areas, including |
28 | eating areas and living rooms, and will receive appropriate social services for the purpose of |
29 | fostering independence, self-sufficiency, and eventual transition to a permanent living situation. |
30 | (17)(20) Comprehensive plan. The comprehensive plan adopted and approved pursuant |
31 | to chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in |
32 | compliance. |
33 | (18)(21) Day care — Daycare center. Any other daycare center that is not a family |
34 | daycare home. |
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1 | (19)(22) Day care — Family daycare home. Any home, other than the individual’s home, |
2 | in which day care in lieu of parental care or supervision is offered at the same time to six (6) or less |
3 | individuals who are not relatives of the caregiver, but may not contain more than a total of eight |
4 | (8) individuals receiving day care. |
5 | (20)(23) Density, residential. The number of dwelling units per unit of land. |
6 | (21)(24) Development. The construction, reconstruction, conversion, façade redesign, |
7 | structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, |
8 | or land disturbance; or any change in use, or alteration or extension of the use, of land. |
9 | (22)(25) Development plan review. See §§ 45-23-32 and 45-23-50. |
10 | (23)(26) District. See “zoning use and form district.” |
11 | (24)(27) Drainage system. A system for the removal of water from land by drains, grading, |
12 | or other appropriate means. These techniques may include runoff controls to minimize erosion and |
13 | sedimentation during and after construction or development; the means for preserving surface and |
14 | groundwaters; and the prevention and/or alleviation of flooding. |
15 | (25)(28) Dwelling unit. A structure, or portion of a structure, providing complete, |
16 | independent living facilities for one or more persons, including permanent provisions for living, |
17 | sleeping, eating, cooking, and sanitation, and containing a separate means of ingress and egress. |
18 | (26)(29) Extractive industry. The extraction of minerals, including: solids, such as coal |
19 | and ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes |
20 | quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other |
21 | preparation customarily done at the extraction site or as a part of the extractive activity. |
22 | (27)(30) Family member. A person, or persons, related by blood, marriage, or other legal |
23 | means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, |
24 | grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household. |
25 | (28)(31) Floating zone. An unmapped zoning district adopted within the ordinance that is |
26 | established on the zoning map only when an application for development, meeting the zone |
27 | requirements, is approved. |
28 | (29)(32) Floodplains, or Flood hazard area. As defined in § 45-22.2-4. |
29 | (33) Form. See "architectural form." |
30 | (30)(34) Freeboard. A factor of safety expressed in feet above the base flood elevation of |
31 | a flood hazard area for purposes of floodplain management. Freeboard compensates for the many |
32 | unknown factors that could contribute to flood heights, such as wave action, bridge openings, and |
33 | the hydrological effect of urbanization of the watershed. |
34 | (31)(35) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3. |
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1 | (32)(36) Halfway house. A residential facility for adults or children who have been |
2 | institutionalized for criminal conduct and who require a group setting to facilitate the transition to |
3 | a functional member of society. |
4 | (33)(37) Hardship. See § 45-24-41. |
5 | (34)(38) Historic district or historic site. As defined in § 45-22.2-4. |
6 | (35)(39) Home occupation. Any activity customarily carried out for gain by a resident, |
7 | conducted as an accessory use in the resident’s dwelling unit. |
8 | (36)(40) Household. One or more persons living together in a single-dwelling unit, with |
9 | common access to, and common use of, all living and eating areas and all areas and facilities for |
10 | the preparation and storage of food within the dwelling unit. The term “household unit” is |
11 | synonymous with the term “dwelling unit” for determining the number of units allowed within any |
12 | structure on any lot in a zoning district. An individual household shall consist of any one of the |
13 | following: |
14 | (i) A family, which may also include servants and employees living with the family; or |
15 | (ii) A person or group of unrelated persons living together. The maximum number may be |
16 | set by local ordinance, but this maximum shall not be less than three (3). |
17 | (37)(41) Incentive zoning. The process whereby the local authority may grant additional |
18 | development capacity in exchange for the developer’s provision of a public benefit or amenity as |
19 | specified in local ordinances. |
20 | (38)(42) Infrastructure. Facilities and services needed to sustain residential, commercial, |
21 | industrial, institutional, and other activities. |
22 | (39)(43) Land development project. As defined in § 45-23-32. |
23 | (40)(44) Lot. Either: |
24 | (i) The basic development unit for determination of lot area, depth, and other dimensional |
25 | regulations; or |
26 | (ii) A parcel of land whose boundaries have been established by some legal instrument, |
27 | such as a recorded deed or recorded map, and that is recognized as a separate legal entity for |
28 | purposes of transfer of title. |
29 | (41)(45) Lot area. The total area within the boundaries of a lot, excluding any street right- |
30 | of-way, usually reported in acres or square feet. |
31 | (42)(46) Lot area, minimum. The smallest land area established by the local zoning |
32 | ordinance upon which a use, building, or structure may be located in a particular zoning district. |
33 | (43)(47) Lot building coverage. That portion of the lot that is, or may be, covered by |
34 | buildings and accessory buildings. |
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1 | (44)(48) Lot depth. The distance measured from the front lot line to the rear lot line. For |
2 | lots where the front and rear lot lines are not parallel, the lot depth is an average of the depth. |
3 | (45)(49) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall |
4 | specify how noncontiguous frontage will be considered with regard to minimum frontage |
5 | requirements. |
6 | (46)(50) Lot line. A line of record, bounding a lot, that divides one lot from another lot or |
7 | from a public or private street or any other public or private space and shall include: |
8 | (i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall |
9 | specify the method to be used to determine the front lot line on lots fronting on more than one |
10 | street, for example, corner and through lots; |
11 | (ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of |
12 | triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10′) in length |
13 | entirely within the lot, parallel to and at a maximum distance from, the front lot line; and |
14 | (iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may |
15 | be a street lot line, depending on requirements of the local zoning ordinance. |
16 | (47)(51) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined |
17 | herein. |
18 | (48)(52) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon |
19 | two (2) streets that do not intersect at the boundaries of the lot. |
20 | (49)(53) Lot width. The horizontal distance between the side lines of a lot measured at |
21 | right angles to its depth along a straight line parallel to the front lot line at the minimum front |
22 | setback line. |
23 | (50)(54) Mere inconvenience. See § 45-24-41. |
24 | (51)(55) Mixed use. A mixture of land uses within a single development, building, or tract. |
25 | Also referred to as traditional development. Typically ground floor commercial with residential |
26 | above. |
27 | (52)(56) Modification. Permission granted and administered by the zoning enforcement |
28 | officer of the city or town, and pursuant to the provisions of this chapter to grant a dimensional |
29 | variance other than lot area requirements from the zoning ordinance to a limited degree as |
30 | determined by the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) |
31 | of each of the applicable dimensional requirements. |
32 | (53)(57) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully |
33 | existing at the time of the adoption or amendment of a zoning ordinance or in existence for at least |
34 | six (6) years and not in conformity with the provisions of that ordinance or amendment. |
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1 | Nonconformance is of only two (2) types: |
2 | (i) Nonconforming by use: a lawfully established use of land, building, or structure that is |
3 | not a permitted use in that zoning district. A building or structure containing more dwelling units |
4 | than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or |
5 | nonconforming by use. Nonconforming by use shall be established if a use was lawfully existing |
6 | prior to the enactment of the zoning ordinance or amendment that rendered the use out of |
7 | conformity; if a use has been in existence for fifty (50) years; or if a non-accessory use has been in |
8 | existence for twenty-five (25) years without the initiation of any enforcement actions to ensure |
9 | conformity with the zoning ordinance. In the case where the nonconformance by use exists because |
10 | the number of dwelling units exceeds the limits established by the use regulations of a zoning |
11 | ordinance, the nonconformance shall be established if the dwelling units were lawfully existing |
12 | prior to the enactment of a zoning ordinance or a zoning amendment that rendered the use out of |
13 | conformity; if the dwelling units were in existence prior to January 1, 2018; if the dwelling units |
14 | have been in existence for twenty-five (25) years; or if the dwelling units have been in existence |
15 | for six (6) years without the initiation of any enforcement actions to ensure conformity with the |
16 | zoning ordinance. In the case where the use is a zoning use that raises pollution risk, |
17 | nonconformance by use shall only be established if the zoning use that raises pollution risk was |
18 | lawfully existing for at least six (6) years prior to the enactment of the zoning ordinance or |
19 | amendment that rendered the zoning use that raises pollution risk out of conformity. |
20 | (ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance |
21 | with the dimensional regulations of the zoning ordinance. Dimensional regulations include all |
22 | regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building |
23 | or structure containing more dwelling units than are permitted by the use regulations of a zoning |
24 | ordinance is nonconforming by use; a building or structure containing a permitted number of |
25 | dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per |
26 | dwelling unit regulations, is nonconforming by dimension. |
27 | Nonconformance by dimension shall be established if the dimensional conditions were |
28 | lawfully existing prior to the enactment of the zoning ordinance or amendment that rendered the |
29 | building, structure, or parcel of land out of conformity; if the dimensional conditions were in |
30 | existence prior to January 1, 2018; if the dimensional conditions have been in existence for twenty- |
31 | five (25) years; or if the dimensional conditions have been in existence for six (6) years without the |
32 | initiation of any enforcement actions to ensure conformity with the zoning ordinance. |
33 | (54)(58) Overlay district. A district established in a zoning ordinance that is superimposed |
34 | on one or more districts or parts of districts. The standards and requirements associated with an |
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1 | overlay district may be more or less restrictive than those in the underlying districts consistent with |
2 | other applicable state and federal laws. |
3 | (55)(59) Performance standards. A set of criteria or limits relating to elements that a |
4 | particular use or process must either meet or may not exceed. |
5 | (56)(60) Permitted use. A use by right that is specifically authorized in a particular zoning |
6 | district. |
7 | (57)(61) Planned development. A “land development project,” as defined in subsection |
8 | (39), and developed according to plan as a single entity and containing one or more structures or |
9 | uses with appurtenant common areas. |
10 | (58)(62) Plant agriculture. The growing of plants for food or fiber, to sell or consume. |
11 | (59)(63) Preapplication conference. A review meeting of a proposed development held |
12 | between applicants and reviewing agencies as permitted by law and municipal ordinance, before |
13 | formal submission of an application for a permit or for development approval. |
14 | (64) Public and civic space. An extension of the community, serving as a stage for our |
15 | public lives. The space enriches the lives of its users and enhances its surrounding buildings and |
16 | neighborhood. Public and civic space includes atria, boardwalks, courtyards, forecourts, overlooks, |
17 | plazas, paths, and squares. |
18 | (65) Reconstruction. The act or process of depicting, by means of new construction, the |
19 | form features, and detailing of a non-surviving site, landscape, building, structure, or object for the |
20 | purpose of replicating its appearance at a specific period of time and in its historic location. |
21 | (66) Redevelopment. Alteration to previously developed land, structures, or buildings |
22 | which may include adaptive reuse, reconstruction, conversion, facade redesign, structural |
23 | alteration, relocation, or enlargement of any structure or building. |
24 | (67) Rural. Sparsely populated and lacking in public services. Primarily open space and |
25 | agriculture with interstitial development. |
26 | (60)(68) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance |
27 | of the required setback for the zoning district in which the lot is located that establishes the area |
28 | within which the principal structure must be erected or placed. |
29 | (61)(69) Site plan. The development plan for one or more lots on which is shown the |
30 | existing and/or the proposed conditions of the lot. |
31 | (62)(70) Slope of land. The grade, pitch, rise, or incline of the topographic landform or |
32 | surface of the ground. |
33 | (63)(71) Special use. A regulated use that is permitted pursuant to the special-use permit |
34 | issued by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a |
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1 | special exception. |
2 | (72) Street wall. The architectural wall on either side of a street. A street wall requires |
3 | relatively consistent setbacks, building heights, building envelopes, and landscaping to function. |
4 | (64)(73) Structure. A combination of materials to form a construction for use, occupancy, |
5 | or ornamentation, whether installed on, above, or below the surface of land or water. |
6 | (65)(74) Substandard lot of record. Any lot lawfully existing at the time of adoption or |
7 | amendment of a zoning ordinance and not in conformance with the dimensional or area provisions |
8 | of that ordinance. |
9 | (75) Urban. Densely populated with defined and balanced public and private realms, |
10 | primarily with public and civic spaces, people-centric design, continuous, coherent, and |
11 | harmonious architectural wall, extensive public services, including transportation, water, |
12 | stormwater management systems, sewage treatment and disposal, solid waste treatment and |
13 | disposal, schools, recreation, public facilities, interstitial open space and agriculture, and other |
14 | public requirements. Generally defined by the division of planning as village centers and areas |
15 | within the urban services boundary, on a map maintained by the division of planning. |
16 | (66)(76) Use. The purpose or activity for which land or buildings are designed, arranged, |
17 | or intended, or for which land or buildings are occupied or maintained. |
18 | (67)(77) Variance. Permission to depart from the literal requirements of a zoning |
19 | ordinance. An authorization for the construction or maintenance of a building or structure, or for |
20 | the establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There |
21 | are only two (2) categories of variance, a use variance or a dimensional variance. |
22 | (i) Use variance. Permission to depart from the use requirements of a zoning ordinance |
23 | where the applicant for the requested variance has shown by evidence upon the record that the |
24 | subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the |
25 | zoning ordinance. |
26 | (ii) Dimensional variance. Permission to depart from the dimensional requirements of a |
27 | zoning ordinance under the applicable standards set forth in § 45-24-41. |
28 | (68)(78) Waters. As defined in § 46-12-1(23). |
29 | (69)(79) Wetland, coastal. As defined in § 45-22.2-4. |
30 | (70)(80) Wetland, freshwater. As defined in § 2-1-20. |
31 | (71)(81) Zoning certificate. A document signed by the zoning enforcement officer, as |
32 | required in the zoning ordinance, that acknowledges that a use, structure, building, or lot either |
33 | complies with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or |
34 | is an authorized variance or modification therefrom. |
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1 | (72)(82) Zoning map. The map, or maps, that are a part of the zoning ordinance and that |
2 | delineate the boundaries of all mapped zoning districts within the physical boundary of the city or |
3 | town. |
4 | (73)(83) Zoning ordinance. An ordinance enacted by the legislative body of the city or |
5 | town pursuant to this chapter and in the manner providing for the adoption of ordinances in the city |
6 | or town’s legislative or home rule charter, if any, that establish regulations and standards relating |
7 | to the nature and extent of uses of land and structures; that is consistent with the comprehensive |
8 | plan of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that |
9 | complies with the provisions of this chapter. |
10 | (74)(84) Zoning use and form district. The basic unit in zoning, either mapped or |
11 | unmapped, to which a uniform set of regulations applies, or a uniform set of regulations for a |
12 | specified use. Zoning use and form districts include, but are not limited to: agricultural, |
13 | commercial, industrial, institutional, mixed use, open space, and residential, as well as urban core, |
14 | urban center, general urban, inner suburban, outer suburban, exurban, and rural. Each district may |
15 | include sub-districts. Districts may be combined. |
16 | (85) Zoning use that raises pollution risk. A use that raises potential for residents and |
17 | visitors of the surrounding area to experience the negative effects of air, groundwater, stormwater, |
18 | smell, auditory, or vibrational activities associated with the primary or accessory use of the subject |
19 | property. The following uses shall be included: animal care facility, nightclub, broadcasting |
20 | facility, car wash, drive-through facility, parking facility, asphalt surfaces, freight terminal, funeral |
21 | home, gas station, golf course, plant nursery, commercial agriculture, marina, boat construction |
22 | and repair, brewery, distillery, winery, power plant, strip mall, motorized vehicle repair, and all |
23 | industrial uses. The division of planning shall have the power to establish rules and regulations that |
24 | identify additional uses that meet these criteria. |
25 | 45-24-33. Standard provisions. |
26 | (a) A zoning ordinance addresses each of the purposes stated in § 45-24-30 and addresses, |
27 | through reasonable objective standards and criteria, the following general provisions which are |
28 | numbered for reference purposes only except as prohibited by §§ 45-24-30(b), 45-24-30(c), or 45- |
29 | 24-30(d): |
30 | (1) Permitting, prohibiting, limiting, and restricting the development and redevelopment of |
31 | land and structures in zoning districts, and regulating those land and structures according to their |
32 | type and the nature and extent of their use; |
33 | (2) Regulating the nature and extent of the use of land for residential, commercial, |
34 | industrial, institutional, recreational, agricultural, open space, or other use or combination of uses, |
| LC004210 - Page 13 of 29 |
1 | as the need for land for those purposes is determined by the city or town’s comprehensive plan; |
2 | (3) Permitting, prohibiting, limiting, and restricting buildings, structures, land uses, and |
3 | other development and redevelopment by performance standards, or other requirements, related to |
4 | air and water and groundwater quality, noise and glare, energy consumption, soil erosion and |
5 | sedimentation, and/or the availability and capacity of existing and planned public or private |
6 | services, specifically transportation, water, stormwater management systems, sewage treatment and |
7 | disposal, solid waste treatment and disposal, schools, recreation, public facilities, open space, and |
8 | other public requirements; |
9 | (4) Regulating within each district and designating requirements for: |
10 | (i) The height, number of stories, and size, fenestration, and proportions of buildings; |
11 | (ii) The dimensions, size, lot coverage, floor area ratios, and layout of lots or development |
12 | areas; |
13 | (iii) The density and intensity of use; |
14 | (iv) Access to air and light, views, and solar access; |
15 | (v) Open space, yards, courts, and buffers; |
16 | (vi) Parking areas, road design, and, where appropriate, pedestrian, bicycle, and other |
17 | circulator systems; |
18 | (vii) Landscaping, fencing, and lighting; |
19 | (viii) Appropriate drainage requirements and methods to manage stormwater runoff; |
20 | (ix) Public access to waterbodies, rivers, and streams; and |
21 | (x) Other requirements in connection with any use of land or structure; |
22 | (5) Permitting, prohibiting, limiting, and restricting development and redevelopment in |
23 | flood plains or flood hazard areas and designated significant natural areas; |
24 | (6) Promoting the conservation of energy and promoting energy-efficient patterns of |
25 | development and redevelopment; |
26 | (7) Providing for the protection of existing and planned public drinking water supplies, |
27 | their tributaries and watersheds, and the protection of Narragansett Bay, its tributaries and |
28 | watershed; |
29 | (8) Providing for adequate, safe, and efficient transportation systems; and avoiding |
30 | congestion by relating types and levels of development and redevelopment to the capacity of the |
31 | circulation system, and maintaining a safe level of service of the system; |
32 | (9) Providing for the preservation and enhancement of the recreational resources of the city |
33 | or town; |
34 | (10) Promoting an economic climate that increases quality job opportunities and the overall |
| LC004210 - Page 14 of 29 |
1 | economic well-being of the city or town and the state; |
2 | (11) Providing for pedestrian transportation access to and between public and private |
3 | facilities, including, but not limited to, schools, employment centers, shopping areas, recreation |
4 | areas, and residences; |
5 | (12) Providing standards for, and requiring the provision of, adequate and properly |
6 | designed physical improvements, including plantings, and the proper maintenance of property; |
7 | (13) Permitting, prohibiting, limiting, and restricting land use in areas where development |
8 | and redevelopment is deemed to create a hazard to the public health or safety; |
9 | (14) Permitting, prohibiting, limiting, and restricting extractive industries and earth |
10 | removal and requiring restoration of land after these activities; |
11 | (15) Regulating sanitary landfill, except as otherwise provided by state statute; |
12 | (16) Permitting, prohibiting, limiting, and restricting signs and billboards and other outdoor |
13 | advertising devices; |
14 | (17) Designating airport hazard areas under the provisions of chapter 3 of title 1, and |
15 | enforcement of airport hazard area zoning regulations under the provisions established in that |
16 | chapter; |
17 | (18) Designating areas of historic, cultural, and/or archaeological value and regulating |
18 | development and redevelopment in those areas under the provisions of chapter 24.1 of this title; |
19 | (19) Providing standards and requirements for the regulation, review, and approval of any |
20 | proposed development and redevelopment in connection with those uses of land, buildings, or |
21 | structures specifically designated as subject to development plan review in a zoning ordinance; |
22 | (20) Designating special protection areas for water supply and limiting or prohibiting |
23 | development and redevelopment in these areas, except as otherwise provided by state statute; |
24 | (21) Specifying requirements for safe road access to developments and redevelopments |
25 | from existing streets, including limiting the number, design, and location of curb cuts, and |
26 | provisions for internal circulation systems, including pedestrian and bicycle ways, for new |
27 | developments and redevelopments;, and provisions for pedestrian and bicycle ways; and |
28 | (22) Reducing unnecessary delay in approving or disapproving development applications |
29 | through provisions for preapplication conferences and other means. |
30 | (23) Providing for the application of the Rhode Island Fair Housing Practices Act, chapter |
31 | 37 of title 34, the United States Fair Housing Amendments Act of 1988 (FHAA); the Rhode Island |
32 | Civil Rights People with Disabilities Act, chapter 37 of title 42; and the Americans with Disabilities |
33 | Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.; and |
34 | (24) Regulating drive-through windows of varied intensity of use when associated with |
| LC004210 - Page 15 of 29 |
1 | land-use activities and providing standards and requirements for the regulation, review, and |
2 | approval of the drive-through windows, including, but not limited to: |
3 | (i) Identifying within which zoning districts drive-through windows may be permitted, |
4 | prohibited, or permitted by special-use permit; |
5 | (ii) Specifying requirements for adequate traffic circulation; and |
6 | (iii) Providing for adequate pedestrian safety and access, including issues concerning safety |
7 | and access for those with disabilities. |
8 | (b) A zoning ordinance may include special provisions for any or all of the following: |
9 | (1) Authorizing development incentives, including, but not limited to, additional permitted |
10 | uses, increased development and density, or additional design or dimensional flexibility in |
11 | exchange for: |
12 | (i) Increased open space; |
13 | (ii) Increased housing choices; |
14 | (iii) Traffic and pedestrian improvements; |
15 | (iv) Public and/or private facilities; and/or |
16 | (v) Other amenities as desired by the city or town and consistent with its comprehensive |
17 | plan. The provisions in the ordinance shall include maximum allowable densities of population |
18 | and/or intensities of use and shall indicate the type of improvements, amenities, and/or conditions. |
19 | Conditions may be made for donation in lieu of direct provisions for improvements or amenities; |
20 | (2) Establishing a system for transfer of development rights within or between zoning |
21 | districts designated in the zoning ordinance; and |
22 | (3) Regulating the development and redevelopment adjacent to designated scenic |
23 | highways, scenic waterways, major thoroughfares, public greenspaces, or other areas of special |
24 | public investment or valuable natural resources. |
25 | (c) Slope of land shall not be excluded from the calculation of the buildable lot area or the |
26 | minimum lot size, or in the calculation of the number of buildable lots or units. |
27 | (d) Nothing in this section shall be construed to restrict a municipality’s right, within state |
28 | and local regulations, to establish its own minimum lot size per zoning district in its town or city. |
29 | 45-24-34. General provisions — Purpose and consistency with comprehensive plan. |
30 | (a) A zoning ordinance adopted pursuant to this chapter shall provide a statement of its |
31 | purposes. Those purposes shall be consistent with § 45-24-30. A zoning ordinance adopted or |
32 | amended pursuant to this chapter shall include a statement that the zoning ordinance is consistent |
33 | with the comprehensive plan of the city or town adopted pursuant to chapter 22.2 of this title, or as |
34 | otherwise provided below and shall provide that in the instance of uncertainty in the construction |
| LC004210 - Page 16 of 29 |
1 | or application of any section of the ordinance, the ordinance shall be construed in a manner that |
2 | will further the implementation of, and not be contrary to, the goals and policies and applicable |
3 | elements of the comprehensive plan. |
4 | (b) The city or town shall bring the zoning ordinance or amendment into conformance with |
5 | its comprehensive plan as approved by the chief of the division of planning of the department of |
6 | administration or the superior court in accordance with its implementation schedule as set forth in |
7 | said plan, a period no longer than three (3) years. A zoning ordinance shall address and specify |
8 | requirements for the coordination between contiguous communities, the state, and other agencies, |
9 | as required by chapter 22.2 of this title. |
10 | 45-24-36. General provisions — Division into districts. |
11 | A zoning ordinance divides a city or town into zoning use and form districts, which may |
12 | include overlay districts and floating zone districts, of the number, kind, type, shape, and area |
13 | suitable to carry out the purposes of this chapter. Regulations and standards shall be consistent for |
14 | each land use, type of development and redevelopment, or type of building or structure within a |
15 | district, but may differ from those in other districts. Zoning use and form districts shall be depicted |
16 | by type and location on the zoning map. |
17 | 45-24-37. General provisions — Permitted uses. [Effective January 1, 2024.] |
18 | (a) The zoning ordinance shall provide a listing of all land uses and/or performance |
19 | standards for uses that are permitted within the zoning use and form districts of the municipality. |
20 | The ordinance may provide for a procedure under which a proposed land use that is not specifically |
21 | listed may be presented by the property owner to the zoning board of review or to a local official |
22 | or agency charged with administration and enforcement of the ordinance for an evaluation and |
23 | determination of whether the proposed use is of a similar type, character, and intensity as a listed |
24 | permitted use. Upon such determination, the proposed use may be considered to be a permitted use. |
25 | (b) Notwithstanding any other provision of this chapter, the following uses are permitted |
26 | uses within all residential zoning use and form districts of a municipality and all industrial and |
27 | commercial zoning use and form districts except where residential use is prohibited for public |
28 | health or safety reasons: |
29 | (1) Households; |
30 | (2) Community residences; and |
31 | (3) Family daycare homes. |
32 | (c) Any time a building or other structure used for residential purposes, or a portion of a |
33 | building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire |
34 | or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured home, |
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1 | or homes, as the need may be, elsewhere upon the land, for use and occupancy of the former |
2 | occupants for a period of up to twelve (12) months, or until the building or structure is rehabilitated |
3 | and otherwise made fit for occupancy. The property owner, or a properly designated agent of the |
4 | owner, is only allowed to cause the mobile and manufactured home, or homes, to remain |
5 | temporarily upon the land by making timely application to the local building official for the |
6 | purposes of obtaining the necessary permits to repair or rebuild redevelop the structure. |
7 | (d) Notwithstanding any other provision of this chapter, appropriate access for people with |
8 | disabilities to residential structures is allowed as a reasonable accommodation for any person(s) |
9 | residing, or intending to reside, in the residential structure. |
10 | (e) Notwithstanding any other provision of this chapter, an accessory dwelling unit in an |
11 | owner-occupied residence that complies with §§ 45-24-31 and 45-24-73 shall be permitted as a |
12 | reasonable accommodation for family members with disabilities or who are sixty-two (62) years of |
13 | age or older, or to accommodate other family members. |
14 | (f) When used in this section the terms “people with disabilities” or “member, or members, |
15 | with disabilities” means a person(s) who has a physical or mental impairment that substantially |
16 | limits one or more major life activities, as defined in § 42-87-1(7). |
17 | (g) Notwithstanding any other provisions of this chapter, plant agriculture is a permitted |
18 | use within all zoning districts of a municipality, including all industrial and commercial zoning |
19 | districts, except where prohibited for public health or safety reasons or the protection of wildlife |
20 | habitat. |
21 | (h) Adaptive reuse. Notwithstanding any other provisions of this chapter, adaptive reuse |
22 | for the conversion of any commercial building, including offices, schools, religious facilities, |
23 | medical buildings, and malls into residential units or mixed-use developments which include the |
24 | development of at least fifty percent (50%) of the existing gross floor area into residential units, |
25 | shall be a permitted use and allowed by specific and objective provisions of a zoning ordinance, |
26 | except where such is prohibited by environmental land use restrictions recorded on the property by |
27 | the state of Rhode Island department of environmental management or the United States |
28 | Environmental Protection Agency preventing the conversion to residential use. |
29 | (1) The specific zoning ordinance provisions for adaptive reuse shall exempt adaptive reuse |
30 | developments from off-street parking requirements of over one space per dwelling unit. |
31 | (2) Density. |
32 | (i) For projects that meet the following criteria, zoning ordinances shall allow for high |
33 | density development and shall not limit the density to less than fifteen (15) dwelling units per acre: |
34 | (A) Where the project is limited to the existing footprint, except that the footprint is allowed |
| LC004210 - Page 18 of 29 |
1 | to be expanded to accommodate upgrades related to the building and fire codes and utilities; and |
2 | (B) The development includes at least twenty percent (20%) low- and moderate-income |
3 | housing; and |
4 | (C) The development has access to public sewer and water service or has access to adequate |
5 | private water, such as a well and and/or wastewater treatment system(s) approved by the relevant |
6 | state agency for the entire development as applicable. |
7 | (ii) For all other adaptive reuse projects, the residential density permitted in the converted |
8 | structure shall be the maximum allowed that otherwise meets all standards of minimum housing |
9 | and has access to public sewer and water service or has access to adequate private water, such as a |
10 | well, and wastewater treatment system(s) approved by the relevant state agency for the entire |
11 | development, as applicable. The density proposed shall be determined to meet all public health and |
12 | safety standards. |
13 | (3) Notwithstanding any other provisions of this chapter, for adaptive reuse projects, |
14 | existing building setbacks shall remain and shall be considered legal nonconforming, but no |
15 | additional encroachments shall be permitted into any nonconforming setback, unless otherwise |
16 | allowed by zoning ordinance or relief is granted by the applicable authority. |
17 | (4) For adaptive reuse projects, notwithstanding any other provisions of this chapter, the |
18 | height of the existing structure, if it exceeds the maximum height of the zoning district, may remain |
19 | and shall be considered legal nonconforming, and any rooftop construction shall be included within |
20 | the height exemption |
21 | 45-24-39. General provisions — Nonconforming development. |
22 | (a) Any city or town adopting or amending a zoning ordinance under this chapter shall |
23 | make provision for any use, activity, structure, building, or sign or other improvement, lawfully |
24 | existing at the time of the adoption or amendment of the zoning ordinance, but which is lawfully |
25 | established as nonconforming by use or nonconforming by dimension. The zoning ordinance may |
26 | regulate development which is nonconforming by dimension differently than that which is |
27 | nonconforming by use. |
28 | (b) The zoning ordinance shall permit the continuation of nonconforming development; |
29 | however, this does not prohibit the regulation of nuisances. The continuation of nonconforming |
30 | development shall only relate to zoning. It shall not be construed to provide any right to |
31 | continuation of non-compliance with building codes, any right to continuation of non-compliance |
32 | with the provisions of chapters 24.2 and 24.3 of title 45, any right to continuation of noncompliance |
33 | with the provisions of chapter 23 of title 46, or any right to continuation of noncompliance with |
34 | any regulations promulgated by the coastal resources management council. |
| LC004210 - Page 19 of 29 |
1 | (c) A zoning ordinance may shall provide that, if a nonconforming use is abandoned, it |
2 | may not be reestablished. Abandonment of a nonconforming use zoning use that raises pollution |
3 | risk consists of some overt act, or failure to act, which leads one to believe that the owner of the |
4 | nonconforming zoning use that raises pollution risk neither claims nor retains any interest in |
5 | continuing the nonconforming zoning use that raises pollution risk unless the owner can |
6 | demonstrate an intent not to abandon the zoning use that raises pollution risk. If any nonconforming |
7 | zoning use that raises pollution risk is halted for a period of three (3) years, the owner of the |
8 | nonconforming zoning use that raises pollution risk is presumed to have abandoned the |
9 | nonconforming zoning use that raises pollution risk, even if there is no intent to abandon the zoning |
10 | use that raises pollution risk. An involuntary interruption of nonconforming use, as by fire and |
11 | natural catastrophe, does not establish the intent to abandon the nonconforming use; however, if If |
12 | any nonconforming use is halted for a period of one year twenty (20) years, the owner of the |
13 | nonconforming use is presumed to have abandoned the nonconforming use, unless that presumption |
14 | is rebutted by the presentation of sufficient evidence of intent not to abandon the use. An |
15 | involuntary interruption of nonconforming use, as by fire and natural catastrophe, does not establish |
16 | the intent to abandon the nonconforming use. A use that is nonconforming by use because the |
17 | building or structure contains more dwelling units than are permitted by the use regulations of a |
18 | zoning ordinance shall never be considered abandoned, unless the zoning use and form district does |
19 | not permit any residential use. |
20 | (d) Abandonment of a nonconforming accessory use shall not be construed to imply |
21 | abandonment of other nonconforming uses of the site. |
22 | (e) Although nonconformance by dimension shall never be deemed abandoned, the |
23 | nonabandonment of nonconformance by dimension shall not be construed to imply |
24 | nonabandonment of nonconforming uses of the site. |
25 | (f) In the event that a use that was previously not legally established as a nonconforming |
26 | use becomes legally established as a nonconforming use, or in the event that a preexisting use that |
27 | violated the zoning ordinance becomes a legal use due to changes in the zoning ordinance or state |
28 | law, the building official shall still be required to certify sufficient compliance with applicable |
29 | codes before the use is officially recorded as a legal use. However, the building official shall not |
30 | be permitted to levy any penalties or engage in any enforcement actions on the basis of any evidence |
31 | collected from an examination of the property for the purpose of assessing what alterations, if any, |
32 | would be necessary to achieve sufficient compliance to record the use as a legal use. |
33 | 45-24-40. General provisions — Alteration of nonconforming development — |
34 | Alteration of uses established by variance or special use permit. [Effective January 1, 2024.] |
| LC004210 - Page 20 of 29 |
1 | (a) A zoning ordinance may shall permit a nonconforming development to be altered under |
2 | either of the following conditions: |
3 | (1) The ordinance may establish a special-use permit, authorizing the alteration, which |
4 | must be approved by the zoning board of review following the procedure established in this chapter |
5 | and in the zoning ordinance; or |
6 | (2) The ordinance may shall allow the reconstruction, addition and enlargement, expansion, |
7 | intensification, or change in use, of nonconforming development either by permit or by right and |
8 | may distinguish between the foregoing actions by zoning districts. |
9 | (b) The ordinance may require that the alteration more closely adheres to the intent and |
10 | purposes of the zoning ordinance. |
11 | (c) A use established by variance or special use permit shall not acquire the rights of this |
12 | section, unless allowed by specific provisions of a municipal zoning ordinance. |
13 | 45-24-43. General provisions — Special conditions. |
14 | In granting a variance or in making any determination upon which it is required to pass |
15 | after a public hearing under a zoning ordinance, the zoning board of review or other zoning |
16 | enforcement agency may apply the special conditions that may, in the opinion of the board or |
17 | agency, be required to promote the intent and purposes of the comprehensive plan and the zoning |
18 | ordinance of the city or town. Failure to abide by any special conditions attached to a grant |
19 | constitutes a zoning violation. Those special conditions shall be based on competent credible |
20 | evidence on the record, be incorporated into the decision, and may include, but are not limited to, |
21 | provisions for: |
22 | (1) Minimizing the adverse impact of the development or redevelopment upon other land, |
23 | including the type, intensity, design, and performance of activities; |
24 | (2) Controlling the sequence of development, including when it must be commenced and |
25 | completed; |
26 | (3) Controlling the duration of use or development or redevelopment and the time within |
27 | which any temporary structure must be removed; |
28 | (4) Assuring satisfactory installation and maintenance of required public improvements; |
29 | (5) Designating the exact location and nature of development or redevelopment; and |
30 | (6) Establishing detailed records by submission of drawings, maps, plats, or specifications. |
31 | 45-24-44. General provisions — Creation of vested rights. |
32 | (a) A zoning ordinance provides protection for the consideration of applications for |
33 | development or redevelopment that are substantially complete and have been submitted for |
34 | approval to the appropriate review agency in the city or town prior to enactment of the new zoning |
| LC004210 - Page 21 of 29 |
1 | ordinance or amendment. |
2 | (b) Zoning ordinances or other land development ordinances or regulations specify the |
3 | minimum requirements for a development application to be substantially complete for the purposes |
4 | of this section. |
5 | (c) Any application considered by a city or town under the protection of this section shall |
6 | be reviewed according to the regulations applicable in the zoning ordinance in force at the time the |
7 | application was submitted. |
8 | (d) If an application for development or redevelopment under the provisions of this section |
9 | is approved, reasonable time limits shall be set within which development or redevelopment of the |
10 | property must begin and within which development or redevelopment must be substantially |
11 | completed. |
12 | 45-24-46.1. Inclusionary zoning. [Effective January 1, 2024.] |
13 | (a) A zoning ordinance requiring the inclusion of affordable housing as part of a |
14 | development or redevelopment shall provide that the housing will be affordable housing, as defined |
15 | in § 42-128-8.1(d)(1); that the affordable housing will constitute not less than twenty-five percent |
16 | (25%) of the total units in the development or redevelopment; and that the units will remain |
17 | affordable for a period of not less than thirty (30) years from initial occupancy enforced through a |
18 | land lease and/or deed restriction enforceable by the municipality and the state of Rhode Island. A |
19 | zoning ordinance that requires the inclusion of affordable housing as part of a development or |
20 | redevelopment shall specify the threshold in which the inclusion of affordable housing is required, |
21 | but in no event shall a minimum threshold triggering the inclusion of affordable housing be higher |
22 | than ten (10) dwelling units. |
23 | (b) A zoning ordinance that includes inclusionary zoning may provide that the affordable |
24 | housing must be built on-site or utilize one or more alternative methods of production, including, |
25 | but not limited to: off-site construction or rehabilitation; donation of land suitable for development |
26 | or redevelopment of the required affordable units; and/or the payment of a fee in lieu of the |
27 | construction or provision of affordable housing units. |
28 | (c) Density bonus, zoning incentives, and municipal subsidies. For all projects subject |
29 | to inclusionary zoning, subject to applicable setback, lot width, or frontage requirements or the |
30 | granting of relief from the same, a municipality shall allow the addition of two (2) market rate units |
31 | for each affordable unit provided and the minimum lot area per dwelling unit normally required in |
32 | the applicable zoning district shall be reduced by that amount necessary to accommodate the |
33 | development or redevelopment. Larger density bonuses for the provision of an increased percentage |
34 | of affordable housing in a development or redevelopment may be provided by a municipality in the |
| LC004210 - Page 22 of 29 |
1 | zoning ordinance. Nothing herein shall prohibit a municipality from providing, or an applicant from |
2 | requesting, additional zoning incentives and/or municipal government subsidies as defined in § 45- |
3 | 53-3 to offset differential costs of affordable units. Available zoning incentives and municipal |
4 | government subsidies shall be listed in the zoning ordinance. |
5 | (d) Fee-in-lieu. To the extent a municipality provides an option for the payment of a fee- |
6 | in-lieu of the construction or provision of affordable housing, such fee shall be the choice of the |
7 | developer or builder applied on a per-unit basis and may be used for new developments, purchasing |
8 | property and/or homes, rehabilitating properties, or any other manner that creates additional low- |
9 | or moderate-income housing as defined in § 45-53-3(9). |
10 | (1) Eligibility for density bonus. Notwithstanding any other provisions of this chapter, an |
11 | application that utilizes a fee-in-lieu of the construction or provision of affordable housing shall |
12 | not be eligible for the density bonus outlined in this section. |
13 | (2) An application that seeks to utilize a fee-in-lieu of the construction or provision of |
14 | affordable housing must be permitted by the planning board or commission and is not eligible for |
15 | administrative review under the Rhode Island Land Development and Subdivision Review |
16 | Enabling Act of 1992, codified at §§ 45-23-25 — 45-23-74. |
17 | (3) Amount of fee-in-lieu. For affordable single-family homes and condominium units, the |
18 | per-unit fee shall be the difference between the maximum affordable sales price for a family of four |
19 | (4) earning eighty percent (80%) of the area median income as determined annually by the U.S. |
20 | Department of Housing and Urban Development and the average cost of developing a single unit |
21 | of affordable housing. The average cost of developing a single unit of affordable housing shall be |
22 | determined annually based on the average, per-unit development cost of affordable homes financed |
23 | by Rhode Island housing and mortgage finance corporation (RIHMFC) over the previous three (3) |
24 | years, excluding existing units that received preservation financing. |
25 | (i) Notwithstanding subsection (d)(3) of this section, in no case shall the per-unit fee for |
26 | affordable single family homes and condominium units be less than forty thousand dollars |
27 | ($40,000). |
28 | (4) Use of fee-in-lieu. The municipality shall deposit all in-lieu payments into restricted |
29 | accounts that shall be allocated and spent only for the creation and development of affordable |
30 | housing within the municipality serving individuals or families at or below eighty percent (80%) |
31 | of the area median income. The municipality shall maintain a local affordable housing board to |
32 | oversee the funds in the restricted accounts and shall allocate the funds within three (3) years of |
33 | collection. The municipality shall include in the housing element of their local comprehensive plan |
34 | and shall pass by ordinance, the process it will use to allocate the funds. |
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1 | (e) As an alternative to the provisions of subsection (d), the municipality may elect to |
2 | transfer in-lieu payments promptly upon receipt or within the three-year (3) period after receipt. A |
3 | municipality shall transfer all fee-in-lieu payments that are not allocated within three (3) years of |
4 | collection, including funds held as of July 1, 2024, to RIHMFC for the purpose of developing |
5 | affordable housing within that community. |
6 | (f) Both the municipalities and RIHMFC shall report annually with the first report due |
7 | December 31, 2024, to the general assembly, the secretary of housing, and the housing resources |
8 | commission the amount of fees in lieu collected by community, the projects that were provided |
9 | funding with the fees, the dollar amounts allocated to the projects, and the number of units created. |
10 | 45-24-46.2. Special provisions — Transfer of development rights — North Kingstown. |
11 | (a) In addition to other powers granted to towns and cities by this chapter to establish and |
12 | administer transfer of development rights programs, the town council of the town of North |
13 | Kingstown may provide by ordinance for the transfer of development rights, as a voluntary program |
14 | available to developers and property owners, in the manner set forth in this section. |
15 | (b) The establishment, as provided for by this section, of a system for transfer of |
16 | development rights within or between zoning districts, or a portion thereof, designated in the zoning |
17 | ordinance shall be: |
18 | (1) For the purpose of providing developers and property owners the ability to establish, |
19 | certify, purchase, sell, convey, and/or hold land development rights; and |
20 | (2) For one or more of the following purposes: |
21 | (i) Preserving sensitive resource areas in the community such as groundwater reserves, |
22 | wildlife habitat, agricultural lands, and public access to surface waters; |
23 | (ii) Directing development away from sensitive resource areas to places better suited to |
24 | increased levels of development and redevelopment such as established or proposed mixed use, |
25 | commercial, village, or residential centers; |
26 | (iii) Directing development to areas served by existing infrastructure such as established |
27 | roadways, public water supply systems, centralized sewer collection systems, public transit and |
28 | other utilities; or |
29 | (iv) Shaping and balancing urban and rural development; and/or promoting a high level of |
30 | quality in design in the development and redevelopment of private and public facilities and spaces. |
31 | (c) For purposes of this section the following terms shall have the following meaning: |
32 | (1) “Receiving area district” means a zoning district, which is established and mapped |
33 | pursuant to a transfer of development rights ordinance and superimposed on one or more zoning |
34 | use and form districts or portions thereof that is eligible to receive development rights through a |
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1 | major land development project review. As may be necessary or desirable to achieve the intended |
2 | uses, density and intensity of use, a receiving area district may allow for additional development |
3 | and redevelopment capacity and for increased lot building coverage and building envelope that are |
4 | greater than those of the underlying zoning. |
5 | (2) “Sending area district” means a zoning district, which is established and mapped |
6 | pursuant to a transfer of development rights ordinance and superimposed on one or more zoning |
7 | use and form districts or a portion thereof, that is eligible to establish development rights that may |
8 | eventually be transferred to a receiving area. |
9 | 45-24-46.3. Special provisions — Transfer of development rights — Exeter. |
10 | (a) In addition to other powers granted to towns and cities by this chapter to establish and |
11 | administer transfer of development rights programs, the town council of the town of Exeter may |
12 | provide by ordinance for the transfer of development rights, as a voluntary program available to |
13 | developers and property owners, in the manner set forth in this section. |
14 | (b) For purposes of this section the following terms shall have the following meaning: |
15 | (1) “Receiving area district” means a zoning district, which is established and mapped |
16 | pursuant to a transfer of development rights ordinance and superimposed on one or more zoning |
17 | use and form districts or portions thereof, that is eligible to receive development rights through a |
18 | major land development project review. As may be necessary or desirable to achieve the intended |
19 | uses, density and intensity of use, a receiving area district may allow for additional development |
20 | capacity and for increased lot building coverage and building envelope that are greater than those |
21 | of the underlying zoning. |
22 | (2) “Sending area district” means a zoning district, which is established and mapped |
23 | pursuant to a transfer of development rights ordinance and superimposed on one or more zoning |
24 | use and form districts or a portion thereof, that is eligible to establish development rights that may |
25 | eventually be transferred to a receiving area. |
26 | (c) The establishment, as provided for by this section, of a system for transfer of |
27 | development rights within or between zoning districts, or a portion thereof, designated in the zoning |
28 | ordinance shall be: |
29 | (1) For the purpose of providing developers and property owners the ability to establish, |
30 | certify, purchase, sell, convey, and/or hold land development rights; and |
31 | (2) For one or more of the following purposes: |
32 | (i) Preserving sensitive resource areas in the community such as groundwater reserves, |
33 | wildlife habitat, agricultural lands, and public access to surface waters; |
34 | (ii) Directing development away from sensitive resource areas to places better suited to |
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1 | increased levels of development and redevelopment such as established or proposed mixed use, |
2 | commercial, village, or residential centers; |
3 | (iii) Directing development to areas served by existing infrastructure such as established |
4 | roadways, public water supply systems, centralized sewer collection systems, public transit and |
5 | other utilities; or |
6 | (iv) Shaping and balancing urban and rural development, and/or promoting a high level of |
7 | quality in design in the development and redevelopment of private and public facilities and spaces. |
8 | 45-24-47. Special provisions — Land development projects. [Effective January 1, |
9 | 2024.] |
10 | (a) A zoning ordinance shall provide for land development projects which are defined in § |
11 | 45-23-32. |
12 | (b) A zoning ordinance adopted pursuant to this chapter that permits or requires the creation |
13 | of land development projects in one or more zoning districts shall require that any land development |
14 | project shall be reviewed, in accordance with the procedures established by chapter 23 of this title, |
15 | including those for appeal and judicial review, and with any ordinances or regulations adopted |
16 | pursuant to the procedures, whether or not the land development project constitutes a “subdivision,” |
17 | as defined in chapter 23 of this title. No land development project shall be initiated until a plan of |
18 | the project has been submitted and approval has been granted by the authorized permitting |
19 | authority. In reviewing, hearing, and deciding upon a land development project, the authorized |
20 | permitting authority may be empowered to allow zoning incentives within the project; provided, |
21 | that standards for the zoning incentives are described in the zoning ordinance, and may be |
22 | empowered to apply any special conditions and stipulations to the approval that may, in the opinion |
23 | of the authorized permitting authority, be required to maintain harmony with neighboring uses and |
24 | promote the objectives and purposes of the comprehensive plan and zoning ordinance. |
25 | (c) In regulating land development projects, an ordinance adopted pursuant to this chapter |
26 | may include, but is not limited to, regulations governing the following: |
27 | (1) A minimum area or site size for a land development project; |
28 | (2) Uses to be permitted within the development; |
29 | (3) Ratios of residential to nonresidential uses where applicable; |
30 | (4) Maximum density per lot and maximum density for the entire development; |
31 | (5) Roads, driveways, utilities, parking, and other facilities; regulations may distinguish |
32 | between those facilities intended to remain in private ownership or to be dedicated to the public; |
33 | and |
34 | (6) Buffer areas, landscaping, screening, and shading. |
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1 | (d) In regulating land development projects, an ordinance adopted pursuant to this chapter |
2 | shall include provisions for zoning incentives that include the adjustment of applicable lot density |
3 | and dimensional standards where open space is to be permanently set aside for public or common |
4 | use, and/or where the physical characteristics, location, or size of the site require an adjustment, |
5 | and/or where the location, size, and type of housing, commercial, industrial, or other use require an |
6 | adjustment, and/or where housing for low and moderate income families is to be provided, or where |
7 | other amenities not ordinarily required are provided, as stipulated in the zoning ordinance. |
8 | Provision may be made for adjustment of applicable lot density and dimensional standards for |
9 | payment or donation of other land or facilities in lieu of an on-site provision of an amenity that |
10 | would, if provided on-site, enable an adjustment. |
11 | (e)(1) A zoning ordinance requiring open land in a cluster development or other land |
12 | development project for public or common use, shall provide that such open land either: (i) Be |
13 | conveyed to the city or town and accepted by it for park, open space, agricultural, or other specified |
14 | use or uses; or (ii) Be conveyed to a nonprofit organization, the principal purpose of which is the |
15 | conservation of open space or resource protection; or (iii) Be conveyed to a corporation or trust |
16 | owned or to be owned by the owners of lots or units within the development or redevelopment, or |
17 | owners of shares within a cooperative development or redevelopment. If such a corporation or trust |
18 | is used, ownership shall pass with conveyances of the lots or units; or (iv) Remain in private |
19 | ownership if the use is limited to agriculture, habitat or forestry, and the city or town has set forth |
20 | in its community comprehensive plan and zoning ordinance that private ownership is necessary for |
21 | the preservation and management of the agricultural, habitat or forest resources. |
22 | (2) In any case where the land is not conveyed to the city or town: |
23 | (i) A restriction, in perpetuity, enforceable by the city or town or by any owner of property |
24 | in the cluster or other land development project in which the land is located shall be recorded |
25 | providing that the land is kept in the authorized condition(s) and not built upon or developed for |
26 | accessory uses such as parking or roadway; and |
27 | (ii) The developmental rights and other conservation easements on the land may be held, |
28 | in perpetuity, by a nonprofit organization, the principal purpose of which is the conservation of |
29 | open space or resource protection. |
30 | (3) All open space land provided by a cluster development or other land development |
31 | project shall be subject to a community-approved management plan that will specify the permitted |
32 | uses for the open space. |
33 | 45-24-48. Special provisions — Preapplication conference. |
34 | A zoning ordinance may provide for a preapplication conference for specific types of |
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1 | development and redevelopment proposals. A preapplication conference is intended to allow the |
2 | designated agency to: |
3 | (1) Acquaint the applicant with the comprehensive plan and any specific plans that apply |
4 | to the parcel, as well as the zoning and other ordinances that affect the proposed development or |
5 | redevelopment; |
6 | (2) Suggest improvements to the proposed design on the basis of a review of the sketch |
7 | plan; |
8 | (3) Advise the applicant to consult appropriate authorities on the character and placement |
9 | of public utility services; and |
10 | (4) Help the applicant to understand the steps to be taken to receive approval. |
11 | 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--PROMOTION OF | |
NEIGHBORHOOD CHARACTER AND SMART GROWTH | |
*** | |
1 | This act would amend several sections of chapter 24 of title 45, entitled "zoning |
2 | ordinances," also known as the "Rhode Island zoning enabling act of 1991," with the intent of |
3 | preserving neighborhood character and promoting smart growth. |
4 | This act would take effect upon passage. |
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