2025 -- H 5949 | |
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LC002052 | |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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. |
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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 |
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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 |
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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 |
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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 |
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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. |
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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. |
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| LC002052 - Page 13 of 13 |