2024 -- S 2635 | |
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LC004980 | |
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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 | |
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Introduced By: Senators Gallo, de la Cruz, Pearson, Felag, McKenney, Miller, Cano, and | |
Date Introduced: March 01, 2024 | |
Referred To: Senate Housing & Municipal Government | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 45-24-31 of the General Laws in Chapter 45-24 entitled "Zoning |
2 | Ordinances" is hereby amended to read as follows: |
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. |
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1 | (4) Adaptive reuse. “Adaptive reuse,” as defined in § 42-64.22-2. |
2 | (5) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be: |
3 | (i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her, |
4 | or its property will be injured by a decision of any officer or agency responsible for administering |
5 | the zoning ordinance of a city or town; or |
6 | (ii) Anyone requiring notice pursuant to this chapter. |
7 | (6) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4. |
8 | (7) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2. |
9 | (8) Applicant. An owner, or authorized agent of the owner, submitting an application or |
10 | appealing an action of any official, board, or agency. |
11 | (9) Application. The completed form, or forms, and all accompanying documents, |
12 | exhibits, and fees required of an applicant by an approving authority for development review, |
13 | approval, or permitting purposes. |
14 | (10) Buffer. Land that is maintained in either a natural or landscaped state, and is used to |
15 | screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-way. |
16 | (11) Building. Any structure used or intended for supporting or sheltering any use or |
17 | occupancy. |
18 | (12) Building envelope. The three-dimensional space within which a structure is permitted |
19 | to be built on a lot and that is defined by regulations governing building setbacks, maximum height, |
20 | and bulk; by other regulations; or by any combination thereof. |
21 | (13) Building height. For a vacant parcel of land, building height shall be measured from |
22 | the average, existing-grade elevation where the foundation of the structure is proposed. For an |
23 | existing structure, building height shall be measured from average grade taken from the outermost |
24 | four (4) corners of the existing foundation. In all cases, building height shall be measured to the top |
25 | of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, |
26 | chimneys, flag poles, and the like. For any property or structure located in a special flood hazard |
27 | area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the |
28 | Rhode Island coastal resources management council (CRMC) suggested design elevation three foot |
29 | (3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-year (100) |
30 | storm, the greater of the following amounts, expressed in feet, shall be excluded from the building |
31 | height calculation: |
32 | (i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or |
33 | proposed freeboard, less the average existing grade elevation; or |
34 | (ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a |
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1 | one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate |
2 | the appropriate suggested design elevation map for the exclusion every ten (10) years, or as |
3 | otherwise necessary. |
4 | (14) Cluster. A site-planning technique that concentrates buildings in specific areas on the |
5 | site to allow the remaining land to be used for recreation, common open space, and/or preservation |
6 | of environmentally, historically, culturally, or other sensitive features and/or structures. The |
7 | techniques used to concentrate buildings shall be specified in the ordinance and may include, but |
8 | are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the |
9 | resultant open land being devoted by deed restrictions for one or more uses. Under cluster |
10 | development, there is no increase in the number of lots that would be permitted under conventional |
11 | development except where ordinance provisions include incentive bonuses for certain types or |
12 | conditions of development. |
13 | (15) Common ownership. Either: |
14 | (i) Ownership by one or more individuals or entities in any form of ownership of two (2) |
15 | or more contiguous lots; or |
16 | (ii) Ownership by any association (ownership may also include a municipality) of one or |
17 | more lots under specific development techniques. |
18 | (16) Community residence. A home or residential facility where children and/or adults |
19 | reside in a family setting and may or may not receive supervised care. This does not include halfway |
20 | houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the |
21 | following: |
22 | (i) Whenever six (6) or fewer children or adults with intellectual and/or developmental |
23 | disability reside in any type of residence in the community, as licensed by the state pursuant to |
24 | chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community |
25 | residences; |
26 | (ii) A group home providing care or supervision, or both, to not more than eight (8) persons |
27 | with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1; |
28 | (iii) A residence for children providing care or supervision, or both, to not more than eight |
29 | (8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of |
30 | title 42; |
31 | (iv) A community transitional residence providing care or assistance, or both, to no more |
32 | than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) |
33 | persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, |
34 | abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor |
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1 | more than two (2) years. Residents will have access to, and use of, all common areas, including |
2 | eating areas and living rooms, and will receive appropriate social services for the purpose of |
3 | fostering independence, self-sufficiency, and eventual transition to a permanent living situation. |
4 | (17) Comprehensive plan. The comprehensive plan adopted and approved pursuant to |
5 | chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in |
6 | compliance. |
7 | (18) Day care — Daycare center. Any other daycare center that is not a family daycare |
8 | home. |
9 | (19) Day care — Family daycare home. Any home, other than the individual’s home, in |
10 | which day care in lieu of parental care or supervision is offered at the same time to six (6) or less |
11 | individuals who are not relatives of the caregiver, but may not contain more than a total of eight |
12 | (8) individuals receiving day care. |
13 | (20) Density, residential. The number of dwelling units per unit of land. |
14 | (21) Development. The construction, reconstruction, conversion, structural alteration, |
15 | relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; |
16 | or any change in use, or alteration or extension of the use, of land. |
17 | (22) Development plan review. See §§ 45-23-32 and 45-23-50. |
18 | (23) District. See “zoning use district.” |
19 | (24) Drainage system. A system for the removal of water from land by drains, grading, or |
20 | other appropriate means. These techniques may include runoff controls to minimize erosion and |
21 | sedimentation during and after construction or development; the means for preserving surface and |
22 | groundwaters; and the prevention and/or alleviation of flooding. |
23 | (25) Dwelling unit. A structure, or portion of a structure, providing complete, independent |
24 | living facilities for one or more persons, including permanent provisions for living, sleeping, eating, |
25 | cooking, and sanitation, and containing a separate means of ingress and egress. |
26 | (26) Extractive industry. The extraction of minerals, including: solids, such as coal and |
27 | ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes |
28 | quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other |
29 | preparation customarily done at the extraction site or as a part of the extractive activity. |
30 | (27) Family member. A person, or persons, related by blood, marriage, or other legal |
31 | means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, |
32 | grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household. |
33 | (28) Floating zone. An unmapped zoning district adopted within the ordinance that is |
34 | established on the zoning map only when an application for development, meeting the zone |
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1 | requirements, is approved. |
2 | (29) Floodplains, or Flood hazard area. As defined in § 45-22.2-4. |
3 | (30) Freeboard. A factor of safety expressed in feet above the base flood elevation of a |
4 | flood hazard area for purposes of floodplain management. Freeboard compensates for the many |
5 | unknown factors that could contribute to flood heights, such as wave action, bridge openings, and |
6 | the hydrological effect of urbanization of the watershed. |
7 | (31) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3. |
8 | (32) Halfway house. A residential facility for adults or children who have been |
9 | institutionalized for criminal conduct and who require a group setting to facilitate the transition to |
10 | a functional member of society. |
11 | (33) Hardship. See § 45-24-41. |
12 | (34) Historic district or historic site. As defined in § 45-22.2-4. |
13 | (35) Home occupation. Any activity customarily carried out for gain by a resident, |
14 | conducted as an accessory use in the resident’s dwelling unit. |
15 | (36) Household. One or more persons living together in a single-dwelling unit, with |
16 | common access to, and common use of, all living and eating areas and all areas and facilities for |
17 | the preparation and storage of food within the dwelling unit. The term “household unit” is |
18 | synonymous with the term “dwelling unit” for determining the number of units allowed within any |
19 | structure on any lot in a zoning district. An individual household shall consist of any one of the |
20 | following: |
21 | (i) A family, which may also include servants and employees living with the family; or |
22 | (ii) A person or group of unrelated persons living together. The maximum number may be |
23 | set by local ordinance, but this maximum shall not be less than three (3) one person per bedroom |
24 | and shall not exceed five (5) unrelated persons per dwelling. |
25 | (37) Incentive zoning. The process whereby the local authority may grant additional |
26 | development capacity in exchange for the developer’s provision of a public benefit or amenity as |
27 | specified in local ordinances. |
28 | (38) Infrastructure. Facilities and services needed to sustain residential, commercial, |
29 | industrial, institutional, and other activities. |
30 | (39) Land development project. As defined in § 45-23-32. |
31 | (40) Lot. Either: |
32 | (i) The basic development unit for determination of lot area, depth, and other dimensional |
33 | regulations; or |
34 | (ii) A parcel of land whose boundaries have been established by some legal instrument, |
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1 | such as a recorded deed or recorded map, and that is recognized as a separate legal entity for |
2 | purposes of transfer of title. |
3 | (41) Lot area. The total area within the boundaries of a lot, excluding any street right-of- |
4 | way, usually reported in acres or square feet. |
5 | (42) Lot area, minimum. The smallest land area established by the local zoning ordinance |
6 | upon which a use, building, or structure may be located in a particular zoning district. |
7 | (43) Lot building coverage. That portion of the lot that is, or may be, covered by buildings |
8 | and accessory buildings. |
9 | (44) Lot depth. The distance measured from the front lot line to the rear lot line. For lots |
10 | where the front and rear lot lines are not parallel, the lot depth is an average of the depth. |
11 | (45) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall specify |
12 | how noncontiguous frontage will be considered with regard to minimum frontage requirements. |
13 | (46) Lot line. A line of record, bounding a lot, that divides one lot from another lot or from |
14 | a public or private street or any other public or private space and shall include: |
15 | (i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall |
16 | specify the method to be used to determine the front lot line on lots fronting on more than one |
17 | street, for example, corner and through lots; |
18 | (ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of |
19 | triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10′) in length |
20 | entirely within the lot, parallel to and at a maximum distance from, the front lot line; and |
21 | (iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may |
22 | be a street lot line, depending on requirements of the local zoning ordinance. |
23 | (47) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined |
24 | herein. |
25 | (48) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon two |
26 | (2) streets that do not intersect at the boundaries of the lot. |
27 | (49) Lot width. The horizontal distance between the side lines of a lot measured at right |
28 | angles to its depth along a straight line parallel to the front lot line at the minimum front setback |
29 | line. |
30 | (50) Mere inconvenience. See § 45-24-41. |
31 | (51) Mixed use. A mixture of land uses within a single development, building, or tract. |
32 | (52) Modification. Permission granted and administered by the zoning enforcement officer |
33 | of the city or town, and pursuant to the provisions of this chapter to grant a dimensional variance |
34 | other than lot area requirements from the zoning ordinance to a limited degree as determined by |
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1 | the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) of each of |
2 | the applicable dimensional requirements. |
3 | (53) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully |
4 | existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with |
5 | the provisions of that ordinance or amendment. Nonconformance is of only two (2) types: |
6 | (i) Nonconforming by use: a lawfully established use of land, building, or structure that is |
7 | not a permitted use in that zoning district. A building or structure containing more dwelling units |
8 | than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or |
9 | (ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance |
10 | with the dimensional regulations of the zoning ordinance. Dimensional regulations include all |
11 | regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building |
12 | or structure containing more dwelling units than are permitted by the use regulations of a zoning |
13 | ordinance is nonconforming by use; a building or structure containing a permitted number of |
14 | dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per |
15 | dwelling unit regulations, is nonconforming by dimension. |
16 | (54) Overlay district. A district established in a zoning ordinance that is superimposed on |
17 | one or more districts or parts of districts. The standards and requirements associated with an overlay |
18 | district may be more or less restrictive than those in the underlying districts consistent with other |
19 | applicable state and federal laws. |
20 | (55) Performance standards. A set of criteria or limits relating to elements that a particular |
21 | use or process must either meet or may not exceed. |
22 | (56) Permitted use. A use by right that is specifically authorized in a particular zoning |
23 | district. |
24 | (57) Planned development. A “land development project,” as defined in subsection (39), |
25 | and developed according to plan as a single entity and containing one or more structures or uses |
26 | with appurtenant common areas. |
27 | (58) Plant agriculture. The growing of plants for food or fiber, to sell or consume. |
28 | (59) Preapplication conference. A review meeting of a proposed development held |
29 | between applicants and reviewing agencies as permitted by law and municipal ordinance, before |
30 | formal submission of an application for a permit or for development approval. |
31 | (60) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance of |
32 | the required setback for the zoning district in which the lot is located that establishes the area within |
33 | which the principal structure must be erected or placed. |
34 | (61) Site plan. The development plan for one or more lots on which is shown the existing |
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1 | and/or the proposed conditions of the lot. |
2 | (62) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface |
3 | of the ground. |
4 | (63) Special use. A regulated use that is permitted pursuant to the special-use permit issued |
5 | by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a special |
6 | exception. |
7 | (64) Structure. A combination of materials to form a construction for use, occupancy, or |
8 | ornamentation, whether installed on, above, or below the surface of land or water. |
9 | (65) Substandard lot of record. Any lot lawfully existing at the time of adoption or |
10 | amendment of a zoning ordinance and not in conformance with the dimensional or area provisions |
11 | of that ordinance. |
12 | (66) Use. The purpose or activity for which land or buildings are designed, arranged, or |
13 | intended, or for which land or buildings are occupied or maintained. |
14 | (67) Variance. Permission to depart from the literal requirements of a zoning ordinance. |
15 | An authorization for the construction or maintenance of a building or structure, or for the |
16 | establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There are |
17 | only two (2) categories of variance, a use variance or a dimensional variance. |
18 | (i) Use variance. Permission to depart from the use requirements of a zoning ordinance |
19 | where the applicant for the requested variance has shown by evidence upon the record that the |
20 | subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the |
21 | zoning ordinance. |
22 | (ii) Dimensional variance. Permission to depart from the dimensional requirements of a |
23 | zoning ordinance under the applicable standards set forth in § 45-24-41. |
24 | (68) Waters. As defined in § 46-12-1(23). |
25 | (69) Wetland, coastal. As defined in § 45-22.2-4. |
26 | (70) Wetland, freshwater. As defined in § 2-1-20. |
27 | (71) Zoning certificate. A document signed by the zoning enforcement officer, as required |
28 | in the zoning ordinance, that acknowledges that a use, structure, building, or lot either complies |
29 | with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or is an |
30 | authorized variance or modification therefrom. |
31 | (72) Zoning map. The map, or maps, that are a part of the zoning ordinance and that |
32 | delineate the boundaries of all mapped zoning districts within the physical boundary of the city or |
33 | town. |
34 | (73) Zoning ordinance. An ordinance enacted by the legislative body of the city or town |
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1 | pursuant to this chapter and in the manner providing for the adoption of ordinances in the city or |
2 | town’s legislative or home rule charter, if any, that establish regulations and standards relating to |
3 | the nature and extent of uses of land and structures; that is consistent with the comprehensive plan |
4 | of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that |
5 | complies with the provisions of this chapter. |
6 | (74) Zoning use district. The basic unit in zoning, either mapped or unmapped, to which a |
7 | uniform set of regulations applies, or a uniform set of regulations for a specified use. Zoning use |
8 | districts include, but are not limited to: agricultural, commercial, industrial, institutional, open |
9 | space, and residential. Each district may include sub-districts. Districts may be combined. |
10 | 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 | |
*** | |
1 | This act would provide that the maximum number of unrelated persons living together that |
2 | could be designated by a local zoning ordinance as constituting an individual household could not |
3 | be less than one person per bedroom and would not exceed five unrelated persons per dwelling. |
4 | This act would take effect upon passage. |
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LC004980 | |
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