2024 -- S 2635 SUBSTITUTE A

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LC004980/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES

     

     Introduced By: Senators Gallo, de la Cruz, Pearson, Felag, McKenney, Miller, Cano, and
Bissaillon

     Date Introduced: March 01, 2024

     Referred To: Senate Housing & Municipal Government

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 45-24-31 of the General Laws in Chapter 45-24 entitled "Zoning

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Ordinances" is hereby amended to read as follows:

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     45-24-31. Definitions. [Effective January 1, 2024.]

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     Where words or terms used in this chapter are defined in § 45-22.2-4 or § 45-23-32, they

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have the meanings stated in that section. In addition, the following words have the following

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meanings. Additional words and phrases may be used in developing local ordinances under this

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chapter; however, the words and phrases defined in this section are controlling in all local

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ordinances created under this chapter:

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     (1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with

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no intervening land.

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     (2) Accessory dwelling unit (ADU). A residential living unit on the same parcel where

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the primary use is a legally established single-unit or multi-unit dwelling. An ADU provides

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complete independent living facilities for one or more persons. It may take various forms including,

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but not limited to: a detached unit; a unit that is part of an accessory structure, such as a detached

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garage; or a unit that is part of an expanded or remodeled primary dwelling.

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     (3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental

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and subordinate to the principal use of the land or building. An accessory use may be restricted to

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the same lot as the principal use. An accessory use shall not be permitted without the principal use

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to which it is related.

 

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     (4) Adaptive reuse. “Adaptive reuse,” as defined in § 42-64.22-2.

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     (5) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be:

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     (i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her,

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or its property will be injured by a decision of any officer or agency responsible for administering

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the zoning ordinance of a city or town; or

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     (ii) Anyone requiring notice pursuant to this chapter.

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     (6) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4.

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     (7) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2.

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     (8) Applicant. An owner, or authorized agent of the owner, submitting an application or

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appealing an action of any official, board, or agency.

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     (9) Application. The completed form, or forms, and all accompanying documents,

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exhibits, and fees required of an applicant by an approving authority for development review,

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approval, or permitting purposes.

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     (10) Buffer. Land that is maintained in either a natural or landscaped state, and is used to

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screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-way.

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     (11) Building. Any structure used or intended for supporting or sheltering any use or

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occupancy.

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     (12) Building envelope. The three-dimensional space within which a structure is permitted

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to be built on a lot and that is defined by regulations governing building setbacks, maximum height,

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and bulk; by other regulations; or by any combination thereof.

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     (13) Building height. For a vacant parcel of land, building height shall be measured from

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the average, existing-grade elevation where the foundation of the structure is proposed. For an

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existing structure, building height shall be measured from average grade taken from the outermost

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four (4) corners of the existing foundation. In all cases, building height shall be measured to the top

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of the highest point of the existing or proposed roof or structure. This distance shall exclude spires,

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chimneys, flag poles, and the like. For any property or structure located in a special flood hazard

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area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the

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Rhode Island coastal resources management council (CRMC) suggested design elevation three foot

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(3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-year (100)

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storm, the greater of the following amounts, expressed in feet, shall be excluded from the building

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height calculation:

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     (i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or

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proposed freeboard, less the average existing grade elevation; or

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     (ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a

 

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one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate

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the appropriate suggested design elevation map for the exclusion every ten (10) years, or as

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otherwise necessary.

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     (14) Cluster. A site-planning technique that concentrates buildings in specific areas on the

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site to allow the remaining land to be used for recreation, common open space, and/or preservation

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of environmentally, historically, culturally, or other sensitive features and/or structures. The

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techniques used to concentrate buildings shall be specified in the ordinance and may include, but

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are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the

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resultant open land being devoted by deed restrictions for one or more uses. Under cluster

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development, there is no increase in the number of lots that would be permitted under conventional

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development except where ordinance provisions include incentive bonuses for certain types or

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conditions of development.

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     (15) Common ownership. Either:

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     (i) Ownership by one or more individuals or entities in any form of ownership of two (2)

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or more contiguous lots; or

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     (ii) Ownership by any association (ownership may also include a municipality) of one or

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more lots under specific development techniques.

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     (16) Community residence. A home or residential facility where children and/or adults

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reside in a family setting and may or may not receive supervised care. This does not include halfway

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houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the

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following:

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     (i) Whenever six (6) or fewer children or adults with intellectual and/or developmental

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disability reside in any type of residence in the community, as licensed by the state pursuant to

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chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community

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residences;

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     (ii) A group home providing care or supervision, or both, to not more than eight (8) persons

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with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1;

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     (iii) A residence for children providing care or supervision, or both, to not more than eight

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(8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of

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title 42;

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     (iv) A community transitional residence providing care or assistance, or both, to no more

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than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8)

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persons, requiring temporary financial assistance, and/or to persons who are victims of crimes,

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abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor

 

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more than two (2) years. Residents will have access to, and use of, all common areas, including

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eating areas and living rooms, and will receive appropriate social services for the purpose of

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fostering independence, self-sufficiency, and eventual transition to a permanent living situation.

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     (17) Comprehensive plan. The comprehensive plan adopted and approved pursuant to

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chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in

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compliance.

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     (18) Day care — Daycare center. Any other daycare center that is not a family daycare

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home.

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     (19) Day care — Family daycare home. Any home, other than the individual’s home, in

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which day care in lieu of parental care or supervision is offered at the same time to six (6) or less

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individuals who are not relatives of the caregiver, but may not contain more than a total of eight

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(8) individuals receiving day care.

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     (20) Density, residential. The number of dwelling units per unit of land.

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     (21) Development. The construction, reconstruction, conversion, structural alteration,

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relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance;

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or any change in use, or alteration or extension of the use, of land.

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     (22) Development plan review. See §§ 45-23-32 and 45-23-50.

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     (23) District. See “zoning use district.”

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     (24) Drainage system. A system for the removal of water from land by drains, grading, or

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other appropriate means. These techniques may include runoff controls to minimize erosion and

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sedimentation during and after construction or development; the means for preserving surface and

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groundwaters; and the prevention and/or alleviation of flooding.

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     (25) Dwelling unit. A structure, or portion of a structure, providing complete, independent

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living facilities for one or more persons, including permanent provisions for living, sleeping, eating,

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cooking, and sanitation, and containing a separate means of ingress and egress.

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     (26) Extractive industry. The extraction of minerals, including: solids, such as coal and

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ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes

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quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other

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preparation customarily done at the extraction site or as a part of the extractive activity.

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     (27) Family member. A person, or persons, related by blood, marriage, or other legal

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means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law,

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grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household.

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     (28) Floating zone. An unmapped zoning district adopted within the ordinance that is

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established on the zoning map only when an application for development, meeting the zone

 

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requirements, is approved.

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     (29) Floodplains, or Flood hazard area. As defined in § 45-22.2-4.

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     (30) Freeboard. A factor of safety expressed in feet above the base flood elevation of a

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flood hazard area for purposes of floodplain management. Freeboard compensates for the many

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unknown factors that could contribute to flood heights, such as wave action, bridge openings, and

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the hydrological effect of urbanization of the watershed.

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     (31) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3.

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     (32) Halfway house. A residential facility for adults or children who have been

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institutionalized for criminal conduct and who require a group setting to facilitate the transition to

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a functional member of society.

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     (33) Hardship. See § 45-24-41.

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     (34) Historic district or historic site. As defined in § 45-22.2-4.

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     (35) Home occupation. Any activity customarily carried out for gain by a resident,

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conducted as an accessory use in the resident’s dwelling unit.

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     (36) Household. One or more persons living together in a single-dwelling unit, with

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common access to, and common use of, all living and eating areas and all areas and facilities for

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the preparation and storage of food within the dwelling unit. The term “household unit” is

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synonymous with the term “dwelling unit” for determining the number of units allowed within any

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structure on any lot in a zoning district. An individual household shall consist of any one of the

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following:

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     (i) A family, which may also include servants and employees living with the family; or

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     (ii) A person or group of unrelated persons living together. The maximum number may be

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set by local ordinance, but this maximum shall not be less than three (3) one person per bedroom

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and shall not exceed five (5) unrelated persons per dwelling. The maximum number shall not apply

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to NARR-certified recovery residences.

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     (37) Incentive zoning. The process whereby the local authority may grant additional

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development capacity in exchange for the developer’s provision of a public benefit or amenity as

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specified in local ordinances.

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     (38) Infrastructure. Facilities and services needed to sustain residential, commercial,

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industrial, institutional, and other activities.

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     (39) Land development project. As defined in § 45-23-32.

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     (40) Lot. Either:

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     (i) The basic development unit for determination of lot area, depth, and other dimensional

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regulations; or

 

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     (ii) A parcel of land whose boundaries have been established by some legal instrument,

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such as a recorded deed or recorded map, and that is recognized as a separate legal entity for

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purposes of transfer of title.

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     (41) Lot area. The total area within the boundaries of a lot, excluding any street right-of-

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way, usually reported in acres or square feet.

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     (42) Lot area, minimum. The smallest land area established by the local zoning ordinance

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upon which a use, building, or structure may be located in a particular zoning district.

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     (43) Lot building coverage. That portion of the lot that is, or may be, covered by buildings

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and accessory buildings.

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     (44) Lot depth. The distance measured from the front lot line to the rear lot line. For lots

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where the front and rear lot lines are not parallel, the lot depth is an average of the depth.

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     (45) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall specify

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how noncontiguous frontage will be considered with regard to minimum frontage requirements.

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     (46) Lot line. A line of record, bounding a lot, that divides one lot from another lot or from

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a public or private street or any other public or private space and shall include:

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     (i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall

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specify the method to be used to determine the front lot line on lots fronting on more than one

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street, for example, corner and through lots;

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     (ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of

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triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10′) in length

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entirely within the lot, parallel to and at a maximum distance from, the front lot line; and

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     (iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may

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be a street lot line, depending on requirements of the local zoning ordinance.

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     (47) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined

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herein.

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     (48) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon two

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(2) streets that do not intersect at the boundaries of the lot.

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     (49) Lot width. The horizontal distance between the side lines of a lot measured at right

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angles to its depth along a straight line parallel to the front lot line at the minimum front setback

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line.

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     (50) Mere inconvenience. See § 45-24-41.

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     (51) Mixed use. A mixture of land uses within a single development, building, or tract.

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     (52) Modification. Permission granted and administered by the zoning enforcement officer

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of the city or town, and pursuant to the provisions of this chapter to grant a dimensional variance

 

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other than lot area requirements from the zoning ordinance to a limited degree as determined by

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the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) of each of

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the applicable dimensional requirements.

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     (53) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully

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existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with

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the provisions of that ordinance or amendment. Nonconformance is of only two (2) types:

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     (i) Nonconforming by use: a lawfully established use of land, building, or structure that is

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not a permitted use in that zoning district. A building or structure containing more dwelling units

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than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or

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     (ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance

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with the dimensional regulations of the zoning ordinance. Dimensional regulations include all

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regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building

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or structure containing more dwelling units than are permitted by the use regulations of a zoning

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ordinance is nonconforming by use; a building or structure containing a permitted number of

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dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per

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dwelling unit regulations, is nonconforming by dimension.

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     (54) Overlay district. A district established in a zoning ordinance that is superimposed on

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one or more districts or parts of districts. The standards and requirements associated with an overlay

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district may be more or less restrictive than those in the underlying districts consistent with other

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applicable state and federal laws.

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     (55) Performance standards. A set of criteria or limits relating to elements that a particular

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use or process must either meet or may not exceed.

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     (56) Permitted use. A use by right that is specifically authorized in a particular zoning

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district.

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     (57) Planned development. A “land development project,” as defined in subsection (39),

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and developed according to plan as a single entity and containing one or more structures or uses

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with appurtenant common areas.

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     (58) Plant agriculture. The growing of plants for food or fiber, to sell or consume.

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     (59) Preapplication conference. A review meeting of a proposed development held

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between applicants and reviewing agencies as permitted by law and municipal ordinance, before

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formal submission of an application for a permit or for development approval.

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     (60) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance of

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the required setback for the zoning district in which the lot is located that establishes the area within

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which the principal structure must be erected or placed.

 

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     (61) Site plan. The development plan for one or more lots on which is shown the existing

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and/or the proposed conditions of the lot.

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     (62) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface

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of the ground.

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     (63) Special use. A regulated use that is permitted pursuant to the special-use permit issued

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by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a special

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exception.

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     (64) Structure. A combination of materials to form a construction for use, occupancy, or

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ornamentation, whether installed on, above, or below the surface of land or water.

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     (65) Substandard lot of record. Any lot lawfully existing at the time of adoption or

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amendment of a zoning ordinance and not in conformance with the dimensional or area provisions

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of that ordinance.

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     (66) Use. The purpose or activity for which land or buildings are designed, arranged, or

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intended, or for which land or buildings are occupied or maintained.

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     (67) Variance. Permission to depart from the literal requirements of a zoning ordinance.

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An authorization for the construction or maintenance of a building or structure, or for the

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establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There are

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only two (2) categories of variance, a use variance or a dimensional variance.

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     (i) Use variance. Permission to depart from the use requirements of a zoning ordinance

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where the applicant for the requested variance has shown by evidence upon the record that the

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subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the

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zoning ordinance.

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     (ii) Dimensional variance. Permission to depart from the dimensional requirements of a

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zoning ordinance under the applicable standards set forth in § 45-24-41.

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     (68) Waters. As defined in § 46-12-1(23).

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     (69) Wetland, coastal. As defined in § 45-22.2-4.

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     (70) Wetland, freshwater. As defined in § 2-1-20.

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     (71) Zoning certificate. A document signed by the zoning enforcement officer, as required

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in the zoning ordinance, that acknowledges that a use, structure, building, or lot either complies

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with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or is an

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authorized variance or modification therefrom.

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     (72) Zoning map. The map, or maps, that are a part of the zoning ordinance and that

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delineate the boundaries of all mapped zoning districts within the physical boundary of the city or

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town.

 

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     (73) Zoning ordinance. An ordinance enacted by the legislative body of the city or town

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pursuant to this chapter and in the manner providing for the adoption of ordinances in the city or

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town’s legislative or home rule charter, if any, that establish regulations and standards relating to

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the nature and extent of uses of land and structures; that is consistent with the comprehensive plan

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of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that

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complies with the provisions of this chapter.

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     (74) Zoning use district. The basic unit in zoning, either mapped or unmapped, to which a

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uniform set of regulations applies, or a uniform set of regulations for a specified use. Zoning use

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districts include, but are not limited to: agricultural, commercial, industrial, institutional, open

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space, and residential. Each district may include sub-districts. Districts may be combined.

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     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

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     This act would provide that the maximum number of unrelated persons living together that

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could be designated by a local zoning ordinance as constituting an individual household could not

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be less than one person per bedroom and would not exceed five unrelated persons per dwelling.

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     This act would take effect upon passage.

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