2024 -- S 2998 SUBSTITUTE A | |
======== | |
LC005874/SUB A | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
____________ | |
A N A C T | |
RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES | |
| |
Introduced By: Senator Victoria Gu | |
Date Introduced: April 16, 2024 | |
Referred To: Senate Housing & Municipal Government | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 45-24-31, 45-24-37 and 45-24-73 of the General Laws in Chapter |
2 | 45-24 entitled "Zoning Ordinances" are 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 lot where |
12 | the primary principal use is a legally established single-family dwelling unit or multi-unit family |
13 | dwelling unit. An ADU provides complete independent living facilities for one or more persons. It |
14 | may take various forms including, but not limited to: a detached unit; a unit that is part of an |
15 | accessory structure, such as a detached garage; or a unit that is part of an expanded or remodeled |
16 | primary dwelling. |
17 | (3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental |
18 | and subordinate to the principal use of the land or building. An accessory use may be restricted to |
19 | the same lot as the principal use. An accessory use shall not be permitted without the principal use |
| |
1 | to which it is related. |
2 | (4) Adaptive reuse. “Adaptive reuse,” as defined in § 42-64.22-2. |
3 | (5) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be: |
4 | (i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her, |
5 | or its property will be injured by a decision of any officer or agency responsible for administering |
6 | the zoning ordinance of a city or town; or |
7 | (ii) Anyone requiring notice pursuant to this chapter. |
8 | (6) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4. |
9 | (7) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2. |
10 | (8) Applicant. An owner, or authorized agent of the owner, submitting an application or |
11 | appealing an action of any official, board, or agency. |
12 | (9) Application. The completed form, or forms, and all accompanying documents, |
13 | exhibits, and fees required of an applicant by an approving authority for development review, |
14 | approval, or permitting purposes. |
15 | (10) Buffer. Land that is maintained in either a natural or landscaped state, and is used to |
16 | screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-way. |
17 | (11) Building. Any structure used or intended for supporting or sheltering any use or |
18 | occupancy. |
19 | (12) Building envelope. The three-dimensional space within which a structure is permitted |
20 | to be built on a lot and that is defined by regulations governing building setbacks, maximum height, |
21 | and bulk; by other regulations; or by any combination thereof. |
22 | (13) Building height. For a vacant parcel of land, building height shall be measured from |
23 | the average, existing-grade elevation where the foundation of the structure is proposed. For an |
24 | existing structure, building height shall be measured from average grade taken from the outermost |
25 | four (4) corners of the existing foundation. In all cases, building height shall be measured to the top |
26 | of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, |
27 | chimneys, flag poles, and the like. For any property or structure located in a special flood hazard |
28 | area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the |
29 | Rhode Island coastal resources management council (CRMC) suggested design elevation three foot |
30 | (3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-year (100) |
31 | storm, the greater of the following amounts, expressed in feet, shall be excluded from the building |
32 | height calculation: |
33 | (i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or |
34 | proposed freeboard, less the average existing grade elevation; or |
| LC005874/SUB A - Page 2 of 14 |
1 | (ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a |
2 | one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate |
3 | the appropriate suggested design elevation map for the exclusion every ten (10) years, or as |
4 | otherwise necessary. |
5 | (14) Cluster. A site-planning technique that concentrates buildings in specific areas on the |
6 | site to allow the remaining land to be used for recreation, common open space, and/or preservation |
7 | of environmentally, historically, culturally, or other sensitive features and/or structures. The |
8 | techniques used to concentrate buildings shall be specified in the ordinance and may include, but |
9 | are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the |
10 | resultant open land being devoted by deed restrictions for one or more uses. Under cluster |
11 | development, there is no increase in the number of lots that would be permitted under conventional |
12 | development except where ordinance provisions include incentive bonuses for certain types or |
13 | conditions of development. |
14 | (15) Common ownership. Either: |
15 | (i) Ownership by one or more individuals or entities in any form of ownership of two (2) |
16 | or more contiguous lots; or |
17 | (ii) Ownership by any association (ownership may also include a municipality) of one or |
18 | more lots under specific development techniques. |
19 | (16) Community residence. A home or residential facility where children and/or adults |
20 | reside in a family setting and may or may not receive supervised care. This does not include halfway |
21 | houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the |
22 | following: |
23 | (i) Whenever six (6) or fewer children or adults with intellectual and/or developmental |
24 | disability reside in any type of residence in the community, as licensed by the state pursuant to |
25 | chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community |
26 | residences; |
27 | (ii) A group home providing care or supervision, or both, to not more than eight (8) persons |
28 | with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1; |
29 | (iii) A residence for children providing care or supervision, or both, to not more than eight |
30 | (8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of |
31 | title 42; |
32 | (iv) A community transitional residence providing care or assistance, or both, to no more |
33 | than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) |
34 | persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, |
| LC005874/SUB A - Page 3 of 14 |
1 | abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor |
2 | more than two (2) years. Residents will have access to, and use of, all common areas, including |
3 | eating areas and living rooms, and will receive appropriate social services for the purpose of |
4 | fostering independence, self-sufficiency, and eventual transition to a permanent living situation. |
5 | (17) Comprehensive plan. The comprehensive plan adopted and approved pursuant to |
6 | chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in |
7 | compliance. |
8 | (18) Day care — Daycare center. Any other daycare center that is not a family daycare |
9 | home. |
10 | (19) Day care — Family daycare home. Any home, other than the individual’s home, in |
11 | which day care in lieu of parental care or supervision is offered at the same time to six (6) or less |
12 | individuals who are not relatives of the caregiver, but may not contain more than a total of eight |
13 | (8) individuals receiving day care. |
14 | (20) Density, residential. The number of dwelling units per unit of land. |
15 | (21) Development. The construction, reconstruction, conversion, structural alteration, |
16 | relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; |
17 | or any change in use, or alteration or extension of the use, of land. |
18 | (22) Development plan review. See §§ 45-23-32 and 45-23-50. |
19 | (23) District. See “zoning use district.” |
20 | (24) Drainage system. A system for the removal of water from land by drains, grading, or |
21 | other appropriate means. These techniques may include runoff controls to minimize erosion and |
22 | sedimentation during and after construction or development; the means for preserving surface and |
23 | groundwaters; and the prevention and/or alleviation of flooding. |
24 | (25) Dwelling unit. A structure, or portion of a structure, providing complete, independent |
25 | living facilities for one or more persons, including permanent provisions for living, sleeping, eating, |
26 | cooking, and sanitation, and containing a separate means of ingress and egress. |
27 | (26) Extractive industry. The extraction of minerals, including: solids, such as coal and |
28 | ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes |
29 | quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other |
30 | preparation customarily done at the extraction site or as a part of the extractive activity. |
31 | (27) Family member. A person, or persons, related by blood, marriage, or other legal |
32 | means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, |
33 | grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household. |
34 | (28) Floating zone. An unmapped zoning district adopted within the ordinance that is |
| LC005874/SUB A - Page 4 of 14 |
1 | established on the zoning map only when an application for development, meeting the zone |
2 | requirements, is approved. |
3 | (29) Floodplains, or Flood hazard area. As defined in § 45-22.2-4. |
4 | (30) Freeboard. A factor of safety expressed in feet above the base flood elevation of a |
5 | flood hazard area for purposes of floodplain management. Freeboard compensates for the many |
6 | unknown factors that could contribute to flood heights, such as wave action, bridge openings, and |
7 | the hydrological effect of urbanization of the watershed. |
8 | (31) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3. |
9 | (32) Halfway house. A residential facility for adults or children who have been |
10 | institutionalized for criminal conduct and who require a group setting to facilitate the transition to |
11 | a functional member of society. |
12 | (33) Hardship. See § 45-24-41. |
13 | (34) Historic district or historic site. As defined in § 45-22.2-4. |
14 | (35) Home occupation. Any activity customarily carried out for gain by a resident, |
15 | conducted as an accessory use in the resident’s dwelling unit. |
16 | (36) Household. One or more persons living together in a single-dwelling unit, with |
17 | common access to, and common use of, all living and eating areas and all areas and facilities for |
18 | the preparation and storage of food within the dwelling unit. The term “household unit” is |
19 | synonymous with the term “dwelling unit” for determining the number of units allowed within any |
20 | structure on any lot in a zoning district. An individual household shall consist of any one of the |
21 | following: |
22 | (i) A family, which may also include servants and employees living with the family; or |
23 | (ii) A person or group of unrelated persons living together. The maximum number may be |
24 | set by local ordinance, but this maximum shall not be less than three (3). |
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, |
| LC005874/SUB A - Page 5 of 14 |
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 |
| LC005874/SUB A - Page 6 of 14 |
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 |
| LC005874/SUB A - Page 7 of 14 |
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 |
| LC005874/SUB A - Page 8 of 14 |
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 | 45-24-37. General provisions — Permitted uses. [Effective January 1, 2024.] |
11 | (a) The zoning ordinance shall provide a listing of all land uses and/or performance |
12 | standards for uses that are permitted within the zoning use districts of the municipality. The |
13 | ordinance may provide for a procedure under which a proposed land use that is not specifically |
14 | listed may be presented by the property owner to the zoning board of review or to a local official |
15 | or agency charged with administration and enforcement of the ordinance for an evaluation and |
16 | determination of whether the proposed use is of a similar type, character, and intensity as a listed |
17 | permitted use. Upon such determination, the proposed use may be considered to be a permitted use. |
18 | (b) Notwithstanding any other provision of this chapter, the following uses are permitted |
19 | uses within all residential zoning use districts of a municipality and all industrial and commercial |
20 | zoning use districts except where residential use is prohibited for public health or safety reasons: |
21 | (1) Households; |
22 | (2) Community residences; and |
23 | (3) Family daycare homes. |
24 | (c) Any time a building or other structure used for residential purposes, or a portion of a |
25 | building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire |
26 | or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured home, |
27 | or homes, as the need may be, elsewhere upon the land, for use and occupancy of the former |
28 | occupants for a period of up to twelve (12) months, or until the building or structure is rehabilitated |
29 | and otherwise made fit for occupancy. The property owner, or a properly designated agent of the |
30 | owner, is only allowed to cause the mobile and manufactured home, or homes, to remain |
31 | temporarily upon the land by making timely application to the local building official for the |
32 | purposes of obtaining the necessary permits to repair or rebuild the structure. |
33 | (d) Notwithstanding any other provision of this chapter, appropriate access for people with |
34 | disabilities to residential structures is allowed as a reasonable accommodation for any person(s) |
| LC005874/SUB A - Page 9 of 14 |
1 | residing, or intending to reside, in the residential structure. |
2 | (e) Notwithstanding any other provision of this chapter, an accessory dwelling unit in an |
3 | owner-occupied residence that complies with ("ADU") that meets the requirements of §§ 45-24-31 |
4 | and 45-24-73(a) shall be a permitted as a reasonable accommodation for family members with |
5 | disabilities or who are sixty-two (62) years of age or older, or to accommodate other family |
6 | members use in all residential zoning districts. An ADU which meets the requirements of §§ 45- |
7 | 24-31 and 45-24-73(a) shall be permitted through an administrative building permit process only. |
8 | (f) When used in this section the terms “people with disabilities” or “member, or members, |
9 | with disabilities” means a person(s) who has a physical or mental impairment that substantially |
10 | limits one or more major life activities, as defined in § 42-87-1(7). |
11 | (g) Notwithstanding any other provisions of this chapter, plant agriculture is a permitted |
12 | use within all zoning districts of a municipality, including all industrial and commercial zoning |
13 | districts, except where prohibited for public health or safety reasons or the protection of wildlife |
14 | habitat. |
15 | (h) Adaptive reuse. Notwithstanding any other provisions of this chapter, adaptive reuse |
16 | for the conversion of any commercial building, including offices, schools, religious facilities, |
17 | medical buildings, and malls into residential units or mixed-use developments which include the |
18 | development of at least fifty percent (50%) of the existing gross floor area into residential units, |
19 | shall be a permitted use and allowed by specific and objective provisions of a zoning ordinance, |
20 | except where such is prohibited by environmental land use restrictions recorded on the property by |
21 | the state of Rhode Island department of environmental management or the United States |
22 | Environmental Protection Agency preventing the conversion to residential use. |
23 | (1) The specific zoning ordinance provisions for adaptive reuse shall exempt adaptive reuse |
24 | developments from off-street parking requirements of over one space per dwelling unit. |
25 | (2) Density. |
26 | (i) For projects that meet the following criteria, zoning ordinances shall allow for high |
27 | density development and shall not limit the density to less than fifteen (15) dwelling units per acre: |
28 | (A) Where the project is limited to the existing footprint, except that the footprint is allowed |
29 | to be expanded to accommodate upgrades related to the building and fire codes and utilities; and |
30 | (B) The development includes at least twenty percent (20%) low- and moderate-income |
31 | housing; and |
32 | (C) The development has access to public sewer and water service or has access to adequate |
33 | private water, such as a well and and/or wastewater treatment system(s) approved by the relevant |
34 | state agency for the entire development as applicable. |
| LC005874/SUB A - Page 10 of 14 |
1 | (ii) For all other adaptive reuse projects, the residential density permitted in the converted |
2 | structure shall be the maximum allowed that otherwise meets all standards of minimum housing |
3 | and has access to public sewer and water service or has access to adequate private water, such as a |
4 | well, and wastewater treatment system(s) approved by the relevant state agency for the entire |
5 | development, as applicable. The density proposed shall be determined to meet all public health and |
6 | safety standards. |
7 | (3) Notwithstanding any other provisions of this chapter, for adaptive reuse projects, |
8 | existing building setbacks shall remain and shall be considered legal nonconforming, but no |
9 | additional encroachments shall be permitted into any nonconforming setback, unless otherwise |
10 | allowed by zoning ordinance or relief is granted by the applicable authority. |
11 | (4) For adaptive reuse projects, notwithstanding any other provisions of this chapter, the |
12 | height of the existing structure, if it exceeds the maximum height of the zoning district, may remain |
13 | and shall be considered legal nonconforming, and any rooftop construction shall be included within |
14 | the height exemption |
15 | 45-24-73. Consistent statewide treatment of accessory dwelling units required. Design |
16 | standards required for accessory dwelling units; Consistent statewide treatment of accessory |
17 | dwelling units required. |
18 | (a) Any municipality that chooses to permit accessory dwelling units (ADUs) within the |
19 | municipality, shall not impose any excessive restrictions on accessory dwelling units (ADUs). |
20 | More specifically, a municipality that permits ADUs shall not: |
21 | Pursuant to § 45-24-37, one accessory dwelling unit (ADU) per lot shall be allowed by |
22 | right under the following circumstances: |
23 | (1) On an owner-occupied property as a reasonable accommodation for family members |
24 | with disabilities; or |
25 | (2) On a lot with a total lot area of twenty thousand square feet (20,000 sq. ft.) or more for |
26 | which the primary use is residential; or |
27 | (3) Where the proposed ADU is located within the existing footprint of the primary |
28 | structure or existing accessory attached or detached structure and does not expand the footprint of |
29 | the structure. |
30 | (b) Uniform standards. |
31 | (1) A municipality may establish a maximum unit size for an ADU but such limitation must |
32 | allow, subject to applicable dimensional requirements: |
33 | (i) A studio or one bedroom ADU of at least nine hundred square feet (900 sq. ft), or sixty |
34 | percent (60%) of the floor area of the principal dwelling, whichever is less; and |
| LC005874/SUB A - Page 11 of 14 |
1 | (ii) A two (2) bedroom ADU of at least twelve hundred square feet (1,200 sq. ft.), or sixty |
2 | percent (60%) of the floor area of the principal dwelling, whichever is less. |
3 | (2) For all ADU applications, a municipality shall not: |
4 | (1)(i) Restrict tenants based on familial relationship relationships or age unless such |
5 | restriction is necessary to comply with the terms of the federal subsidy related to affordability; |
6 | (2)(ii) Charge unique or unreasonable application or permitting fees for the creation of an |
7 | ADU that exceed those that would be charged for a new single family dwelling; |
8 | (3)(iii) Require infrastructure improvements in connection with the ADU, including, but |
9 | not limited to, separate water or sewer service lines or expanded septic system capacity; provided, |
10 | however, municipalities may require modification unless such improvements and/or modifications |
11 | are required by an applicable state agency for compliance under state law or regulation, or to |
12 | comply with building code requirements, or to address capacity or upgrades necessary to |
13 | accommodate the ADU; |
14 | (4)(iv) Discriminate against populations protected under state and federal fair housing |
15 | laws; |
16 | (5)(v) Impose unreasonable dimensional requirements or other development standards on |
17 | ADUs that effectively preclude their development or utilization in any instance exceed the |
18 | requirements for an accessory structure in the same zoning district; |
19 | (6)(vi) Require a larger minimum lot size for a property with an ADU over that required |
20 | for a property without an ADU in the same zone additional lot area, lot frontage or lot width for |
21 | conforming lots or legal nonconforming lots of record solely to accommodate an ADU; |
22 | (vii) Require zoning relief for ADU applications proposed within an existing footprint of |
23 | the primary or accessory structure which is a legal nonconforming structure in order to address the |
24 | existing dimensional nonconformity; |
25 | (7)(viii) Require more than one off-street parking space beyond what is already required |
26 | for the primary use; or per bedroom of the ADU; |
27 | (8)(ix) Limit ADUs to lots with preexisting homes; provided, a municipality shall allow |
28 | ADUs dwellings, or otherwise prohibit ADUs as part of applications for new primary dwelling |
29 | units or subdivisions.; |
30 | (x) Prohibit an ADU that otherwise complies with this chapter and applicable dimensional |
31 | regulations from having up to two (2) bedrooms; |
32 | (xi) Require an ADU to be exclusively occupied by a household that is low-or moderate- |
33 | income or less as defined by § 42-128-8.1, unless such ADU is part of an inclusionary zoning or |
34 | comprehensive permit application; or |
| LC005874/SUB A - Page 12 of 14 |
1 | (xii) Revoke the permitted status or otherwise require the disassembly of a legally |
2 | established ADU upon transfer of title or occupancy. |
3 | (3) An application for an ADU which is not allowed by right under this section, shall not, |
4 | by itself, be reviewed as a minor land development or major land development project. |
5 | (4) A municipality shall allow ADUs as part of applications for new primary dwelling units |
6 | or subdivisions. For proposed ADUs that are part of a larger development proposal, a municipality |
7 | shall not count such ADUs toward density of the proposal for purposes of limiting the number of |
8 | dwelling units allowed in such development proposal. |
9 | (i) Municipalities may utilize a unified development review process for any application |
10 | that includes ADUs, regardless of whether a city or town has opted into the current unified |
11 | development review statute. |
12 | (5) As part of the approval process, municipalities may exempt ADUs from all or part of |
13 | utility assessment and/or tie in fees. |
14 | (b) To further enable the use of ADUs and to remove barriers to utilization, municipalities |
15 | may allow ADUs in primary or accessory structures that are lawfully established preexisting non- |
16 | conforming through a special use permit and not require a variance, notwithstanding any provision |
17 | of this chapter to the contrary that would require a variance. |
18 | (c)(6) Private restrictions on ADUs imposed by condominium associations, homeowner |
19 | associations, or similar residential property governing bodies, which conflict with the provisions |
20 | of this section or the definition of an ADU as set forth in § 45-24-31, shall be void as against public |
21 | policy. Provided, however, if ADUs are allowed by condominium association covenants, |
22 | homeowner association covenants, or similar residential property governing bodies, they shall be |
23 | deemed in compliance with this subsection. |
24 | (d)(7) The development of ADUs shall not be restricted by any locally adopted ordinance |
25 | or policy that places a limit or moratorium on the development of residential units in land zoned |
26 | for residential use. |
27 | (8) ADUs shall not be offered or rented for tourist or transient use or through a hosting |
28 | platform, as such terms are defined in § 42-63.1-2. |
29 | SECTION 2. Section 45-24-74 of the General Laws in Chapter 45-24 entitled "Zoning |
30 | Ordinances" is hereby repealed. |
31 | 45-24-74. Additional zoning provisions for applications for accessory dwelling units. |
32 | (a) Applications for accessory dwelling units (ADUs) that are not part of a larger |
33 | development proposal shall be reviewed through an administrative officer or development plan |
34 | review process. They shall not, by themselves, be reviewed as minor land development, major land |
| LC005874/SUB A - Page 13 of 14 |
1 | development, or special use permits. |
2 | (b) ADUs shall be a permitted use in any residential district with a minimum lot size of |
3 | twenty thousand square feet (20,000 sq. ft.) or more, and where the proposed ADU is located within |
4 | the existing footprint of the primary structure or existing secondary attached or detached structure |
5 | and does not expand the footprint of the structure. |
6 | (c) Municipalities may utilize a unified development review process for any application |
7 | that includes ADUs, regardless of whether a city or town has opted into the current unified |
8 | development review statute. |
9 | (d) As part of the approval process, municipalities may exempt ADUs from all or part of |
10 | utility assessment and/or tie in fees. |
11 | SECTION 3. This act shall take effect upon passage. |
======== | |
LC005874/SUB A | |
======== | |
| LC005874/SUB A - Page 14 of 14 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES | |
*** | |
1 | This act would amend several sections of law relating to zoning ordinances to provide |
2 | uniform zoning standards for accessory dwelling units. |
3 | This act would take effect upon passage. |
======== | |
LC005874/SUB A | |
======== | |
| LC005874/SUB A - Page 15 of 14 |