2025 -- H 5949

========

LC002052

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

____________

A N   A C T

RELATING TO TOWNS AND CITIES -- ZONING ORDINANCE

     

     Introduced By: Representative June Speakman

     Date Introduced: February 28, 2025

     Referred To: House Municipal Government & Housing

     (Lieutenant Governor)

It is enacted by the General Assembly as follows:

1

     SECTION 1. Section 45-24-30 of the General Laws in Chapter 45-24 entitled "Zoning

2

Ordinances" is hereby amended to read as follows:

3

     45-24-30. General purposes of zoning ordinances.

4

     (a) Zoning regulations shall be developed and maintained in accordance with a

5

comprehensive plan prepared, adopted, and as may be amended, in accordance with chapter 22.2

6

of this title and shall be designed to address the following purposes. The general assembly

7

recognizes these purposes, each with equal priority and numbered for reference purposes only.

8

     (1) Promoting the public health, safety, and general welfare.

9

     (2) Providing for a range of uses and intensities of use appropriate to the character of the

10

city or town and reflecting current and expected future needs.

11

     (3) Providing for orderly growth and development that recognizes:

12

     (i) The goals and patterns of land use contained in the comprehensive plan of the city or

13

town adopted pursuant to chapter 22.2 of this title;

14

     (ii) The natural characteristics of the land, including its suitability for use based on soil

15

characteristics, topography, and susceptibility to surface or groundwater pollution;

16

     (iii) The values and dynamic nature of coastal and freshwater ponds, the shoreline, and

17

freshwater and coastal wetlands;

18

     (iv) The values of unique or valuable natural resources and features;

19

     (v) The availability and capacity of existing and planned public and/or private services and

 

1

facilities;

2

     (vi) The need to shape and balance urban and rural development; and

3

     (vii) The use of innovative development regulations and techniques.

4

     (4) Providing for the control, protection, and/or abatement of air, water, groundwater, and

5

noise pollution, and soil erosion and sedimentation.

6

     (5) Providing for the protection of the natural, historic, cultural, and scenic character of the

7

city or town or areas in the municipality.

8

     (6) Providing for the preservation and promotion of agricultural production, forest,

9

silviculture, aquaculture, timber resources, and open space.

10

     (7) Providing for the protection of public investment in transportation, water, stormwater

11

management systems, sewage treatment and disposal, solid waste treatment and disposal, schools,

12

recreation, public facilities, open space, and other public requirements.

13

     (8) Promoting a balance of housing choices, for all income levels and groups, to assure the

14

health, safety, and welfare of all citizens and their rights to affordable, accessible, safe, and sanitary

15

housing.

16

     (9) Providing opportunities for the establishment of low- and moderate-income housing.

17

     (10) Promoting safety from fire, flood, and other natural or unnatural disasters.

18

     (11) Promoting a high level of quality in design in the development of private and public

19

facilities.

20

     (12) Promoting implementation of the comprehensive plan of the city or town adopted

21

pursuant to chapter 22.2 of this title.

22

     (13) Providing for coordination of land uses with contiguous municipalities, other

23

municipalities, the state, and other agencies, as appropriate, especially with regard to resources and

24

facilities that extend beyond municipal boundaries or have a direct impact on that municipality.

25

     (14) Providing for efficient review of development proposals, to clarify and expedite the

26

zoning approval process.

27

     (15) Providing for procedures for the administration of the zoning ordinance, including,

28

but not limited to, variances, special-use permits, and, where adopted, procedures for modifications.

29

     (16) Providing opportunities for reasonable accommodations in order to comply with the

30

Rhode Island Fair Housing Practices Act, chapter 37 of title 34; the United States Fair Housing

31

Amendments Act of 1988 (FHAA); the Rhode Island Civil Rights of Persons with Disabilities Act,

32

chapter 87 of title 42; and the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101

33

et seq.

34

     (17) The duty to affirmatively further fair housing extends to all public agencies' activities

 

LC002052 - Page 2 of 13

1

and programs relating to housing and community development. Zoning codes shall be consistent

2

with the values of affirmatively furthering fair housing, and shall meet the housing needs of

3

including, but not limited to, the following:

4

     (i) Providing for older Rhode Islanders, such as senior citizens, in addition to their families

5

and caretakers, in finding appropriate, accessible housing affordable at their income level;

6

     (ii) Providing for workers and their families, in finding appropriate, accessible housing

7

affordable at their income level;

8

     (iii) Providing for students, dormitory, and student housing and other residential options;

9

     (iv) Providing for market rate, moderate-income, low-income, and very-low-income

10

households, including rentals and homeownership units;

11

     (v) Providing for persons with disabilities, in addition to their families and caretakers, in

12

finding appropriate, accessible housing affordable at their income level;

13

     (vi) Providing for individuals and families facing homelessness in finding permanent

14

housing, single-room occupancy units, transitional housing, and shelters;

15

     (vii) Providing for active servicemembers and veterans, in addition to their families and

16

caretakers, in finding appropriate, accessible housing affordable at their income level; and

17

     (viii) Providing for individuals from protected statuses as referenced in § 34-37-2 who have

18

historically faced discrimination and barriers to accessing appropriate, accessible housing

19

affordable at their income level based on their race, color, national origin, religion, sex, sexual

20

orientation, gender, gender identity or expression.

21

     Provided, however, that any zoning ordinance in which a community sets forth standards

22

or requirements for the location, design, construction, or maintenance of on-site wastewater

23

treatment systems shall first be submitted to the director of the department of environmental

24

management for approval as to the technical merits of the ordinance. In addition, any zoning

25

ordinance in which a municipality sets forth standards regarding wetland requirements, shall first

26

be submitted to the director of the department of environmental management for approval as to the

27

technical merits of the ordinance.

28

     (b) Upon the effective date of this section, a city or town shall no longer be authorized to

29

adopt as a provision of its zoning ordinance new requirements that specify buffers or setbacks in

30

relation to freshwater wetland, freshwater wetland in the vicinity of the coast, or coastal wetland or

31

that specify setback distances between an onsite wastewater treatment system and a freshwater

32

wetlands, freshwater wetland in the vicinity of the coast, or coastal wetland.

33

     (c) Cities and towns shall be prohibited from applying the requirements in existing zoning

34

ordinances pertaining to both wetland buffers and onsite wastewater treatment system setbacks to

 

LC002052 - Page 3 of 13

1

development, redevelopment, construction, or rehabilitation applications submitted to a

2

municipality. Nothing herein shall rescind the authority of a city or town to enforce other local

3

zoning requirements.

4

     (d) Cities and towns shall act to amend their ordinances and regulations to conform to this

5

section within twelve (12) months of the effective date of state regulations referenced herein.

6

     SECTION 2. Section 45-24-31 of the General Laws in Chapter 45-24 entitled "Zoning

7

Ordinances" is hereby amended to read as follows:

8

     45-24-31. Definitions.

9

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

10

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

11

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

12

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

13

ordinances created under this chapter:

14

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

15

no intervening land.

16

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

17

principal use is a legally established single-family dwelling unit or multi-family dwelling unit. An

18

ADU provides complete independent living facilities for one or more persons. It may take various

19

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

20

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

21

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

22

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

23

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

24

to which it is related.

25

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

26

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

27

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

28

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

29

the zoning ordinance of a city or town; or

30

     (ii) Anyone requiring notice pursuant to this chapter.

31

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

32

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

33

     (8) “Affirmatively furthering fair housing” means taking meaningful actions, in addition

34

to combatting discrimination, that overcome patterns of segregation and foster inclusive

 

LC002052 - Page 4 of 13

1

communities free from barriers that restrict access to opportunity based on protected characteristics.

2

Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken

3

together, address significant disparities in housing needs patterns, transforming racially and

4

ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining

5

compliance with civil rights and fair housing laws.

6

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

7

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

8

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

9

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

10

approval, or permitting purposes.

11

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

12

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

13

way.

14

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

15

occupancy.

16

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

17

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

18

maximum height, and bulk; by other regulations; or by any combination thereof.

19

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

20

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

21

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

22

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

23

to the top of the highest point of the existing or proposed roof or structure. This distance shall

24

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

25

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

26

on the Rhode Island coastal resources management council (CRMC) suggested design elevation

27

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

28

year (100) storm, the greater of the following amounts, expressed in feet, shall be excluded from

29

the building height calculation:

30

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

31

proposed freeboard, less the average existing grade elevation; or

32

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

33

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

34

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

 

LC002052 - Page 5 of 13

1

otherwise necessary.

2

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

3

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

4

preservation of environmentally, historically, culturally, or other sensitive features and/or

5

structures. The techniques used to concentrate buildings shall be specified in the ordinance and may

6

include, but are not limited to, reduction in lot areas, setback requirements, and/or bulk

7

requirements, with the resultant open land being devoted by deed restrictions for one or more uses.

8

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

9

conventional development except where ordinance provisions include incentive bonuses for certain

10

types or conditions of development.

11

     (15)(16) Common ownership. Either:

12

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

13

or more contiguous lots; or

14

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

15

more lots under specific development techniques.

16

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

17

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

18

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

19

following:

20

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

21

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

22

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

23

residences;

24

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

25

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

26

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

27

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

28

title 42;

29

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

30

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

31

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

32

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

33

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

34

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

 

LC002052 - Page 6 of 13

1

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

2

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

3

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

4

compliance.

5

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

6

home.

7

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

8

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

9

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

10

(8) individuals receiving day care.

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

independent living facilities for one or more persons, including permanent provisions for living,

23

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

24

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

25

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

26

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

27

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

28

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

29

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

30

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

31

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

32

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

33

requirements, is approved.

34

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

 

LC002052 - Page 7 of 13

1

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

2

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

3

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

4

the hydrological effect of urbanization of the watershed.

5

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

6

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

7

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

8

a functional member of society.

9

     (33)(34) Hardship. See § 45-24-41.

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

following:

19

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

20

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

21

set by local ordinance, but this maximum shall not be less than one person per bedroom and shall

22

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

23

NARR-certified recovery residences.

24

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

25

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

26

specified in local ordinances.

27

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

28

industrial, institutional, and other activities.

29

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

30

     (40)(41) Lot. Either:

31

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

32

regulations; or

33

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

34

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

 

LC002052 - Page 8 of 13

1

purposes of transfer of title.

2

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

3

of-way, usually reported in acres or square feet.

4

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

5

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

6

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

7

buildings and accessory buildings.

8

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

9

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

10

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

11

specify how noncontiguous frontage will be considered with regard to minimum frontage

12

requirements.

13

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

14

from 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)(48) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined

24

herein.

25

     (48)(49) 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)(50) 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)(51) Manufactured home. As used in this section, a manufactured home shall have the

31

same definition as in 42 U.S.C. § 5402, meaning a structure, transportable in one or more sections,

32

which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more

33

in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is

34

built on a permanent chassis and designed to be used as a dwelling with a permanent foundation

 

LC002052 - Page 9 of 13

1

connected to the required utilities, and includes the plumbing, heating, air-conditioning, and

2

electrical systems contained therein; except that such term shall include any structure that meets

3

all the requirements of this definition except the size requirements and with respect to which the

4

manufacturer voluntarily files a certification required by the United States Secretary of Housing

5

and Urban Development and complies with the standards established under chapter 70 of Title 42

6

of the United States Code; and except that such term shall not include any self-propelled

7

recreational vehicle.

8

     (51)(52) Mere inconvenience. See § 45-24-41.

9

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

10

     (53)(54) Modification. Permission granted and administered by the zoning enforcement

11

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

12

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

13

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

14

of each of the applicable dimensional requirements.

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

dwelling unit regulations, is nonconforming by dimension.

28

     (55)(56) Overlay district. A district established in a zoning ordinance that is superimposed

29

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

30

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

31

other applicable state and federal laws.

32

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

33

particular use or process must either meet or may not exceed.

34

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

 

LC002052 - Page 10 of 13

1

district.

2

     (58)(59) Planned development. A “land development project,” as defined in subsection

3

(39), and developed according to plan as a single entity and containing one or more structures or

4

uses with appurtenant common areas.

5

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

6

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

7

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

8

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

9

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

10

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

11

within which the principal structure must be erected or placed.

12

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

13

existing and/or the proposed conditions of the lot.

14

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

15

surface of the ground.

16

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

17

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

18

special exception.

19

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

20

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

21

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

22

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

23

of that ordinance.

24

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

25

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

26

     (68)(69) Variance. Permission to depart from the literal requirements of a zoning

27

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

28

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

29

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

30

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

31

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

32

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

33

zoning ordinance.

34

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

 

LC002052 - Page 11 of 13

1

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

2

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

3

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

4

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

5

     (72)(73) Zoning certificate. A document signed by the zoning enforcement officer, as

6

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

7

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

8

is an authorized variance or modification therefrom.

9

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

10

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

11

town.

12

     (74)(75) Zoning ordinance. An ordinance enacted by the legislative body of the city or

13

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

14

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

15

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

16

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

17

complies with the provisions of this chapter.

18

     (75)(76) Zoning use district. The basic unit in zoning, either mapped or unmapped, to

19

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

20

Zoning use districts include, but are not limited to: agricultural, commercial, industrial,

21

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

22

combined.

23

     SECTION 3. If any portion of this law is found by a court of competent jurisdiction to be

24

unlawful, such finding shall not affect any other portion of said law not specifically so found.

25

     SECTION 4. This act shall take effect upon passage.

========

LC002052

========

 

LC002052 - Page 12 of 13

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- ZONING ORDINANCE

***

1

     This act would provide among the purposes of zoning ordinances, the duty to affirmatively

2

further fair housing.

3

     This act would take effect upon passage.

========

LC002052

========

 

LC002052 - Page 13 of 13