Chapter 322 |
2023 -- S 1035 SUBSTITUTE A Enacted 06/24/2023 |
A N A C T |
RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES |
Introduced By: Senators Kallman, and Burke |
Date Introduced: May 19, 2023 |
It is enacted by the General Assembly as follows: |
SECTION 1. Sections 45-24-31 and 45-24-37 of the General Laws in Chapter 45-24 |
entitled "Zoning Ordinances" are hereby amended to read as follows: |
45-24-31. Definitions. |
Where words or terms used in this chapter are defined in § 45-22.2-4 or 45-23-32, they |
have the meanings stated in that section. In addition, the following words have the following |
meanings. Additional words and phrases may be used in developing local ordinances under this |
chapter; however, the words and phrases defined in this section are controlling in all local |
ordinances created under this chapter: |
(1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with |
no intervening land. |
(2) Accessory dwelling unit (ADU). A residential living unit on the same parcel where the |
primary use is a legally established single-unit or multi-unit dwelling. An ADU provides complete |
independent living facilities for one or more persons. It may take various forms including, but not |
limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; |
or a unit that is part of an expanded or remodeled primary dwelling. |
(3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental |
and subordinate to the principal use of the land or building. An accessory use may be restricted to |
the same lot as the principal use. An accessory use shall not be permitted without the principal use |
to which it is related. |
(4) Adaptive reuse. "adaptive reuse," as defined in § 42-64.22-2. |
(4)(5) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be: |
(i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her, |
or its property will be injured by a decision of any officer or agency responsible for administering |
the zoning ordinance of a city or town; or |
(ii) Anyone requiring notice pursuant to this chapter. |
(5)(6) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4. |
(6)(7) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2. |
(7)(8) Applicant. An owner, or authorized agent of the owner, submitting an application |
or appealing an action of any official, board, or agency. |
(8)(9) Application. The completed form, or forms, and all accompanying documents, |
exhibits, and fees required of an applicant by an approving authority for development review, |
approval, or permitting purposes. |
(9)(10) Buffer. Land that is maintained in either a natural or landscaped state, and is used |
to screen or mitigate the impacts of development on surrounding areas, properties, or rights-of- |
way. |
(10)(11) Building. Any structure used or intended for supporting or sheltering any use or |
occupancy. |
(11)(12) Building envelope. The three-dimensional space within which a structure is |
permitted to be built on a lot and that is defined by regulations governing building setbacks, |
maximum height, and bulk; by other regulations; or by any combination thereof. |
(12)(13) Building height. For a vacant parcel of land, building height shall be measured |
from the average, existing-grade elevation where the foundation of the structure is proposed. For |
an existing structure, building height shall be measured from average grade taken from the |
outermost four (4) corners of the existing foundation. In all cases, building height shall be measured |
to the top of the highest point of the existing or proposed roof or structure. This distance shall |
exclude spires, chimneys, flag poles, and the like. For any property or structure located in a special |
flood hazard area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted |
on the Rhode Island coastal resources management council (CRMC) suggested design elevation |
three foot (3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred- |
year (100) storm, the greater of the following amounts, expressed in feet, shall be excluded from |
the building height calculation: |
(i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or |
proposed freeboard, less the average existing grade elevation; or |
(ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a |
one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate |
the appropriate suggested design elevation map for the exclusion every ten (10) years, or as |
otherwise necessary. |
(13)(14) Cluster. A site-planning technique that concentrates buildings in specific areas |
on the site to allow the remaining land to be used for recreation, common open space, and/or |
preservation of environmentally, historically, culturally, or other sensitive features and/or |
structures. The techniques used to concentrate buildings shall be specified in the ordinance and may |
include, but are not limited to, reduction in lot areas, setback requirements, and/or bulk |
requirements, with the resultant open land being devoted by deed restrictions for one or more uses. |
Under cluster development, there is no increase in the number of lots that would be permitted under |
conventional development except where ordinance provisions include incentive bonuses for certain |
types or conditions of development. |
(14)(15) Common ownership. Either: |
(i) Ownership by one or more individuals or entities in any form of ownership of two (2) |
or more contiguous lots; or |
(ii) Ownership by any association (ownership may also include a municipality) of one or |
more lots under specific development techniques. |
(15)(16) Community residence. A home or residential facility where children and/or adults |
reside in a family setting and may or may not receive supervised care. This does not include halfway |
houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the |
following: |
(i) Whenever six (6) or fewer children or adults with intellectual and/or developmental |
disability reside in any type of residence in the community, as licensed by the state pursuant to |
chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community |
residences; |
(ii) A group home providing care or supervision, or both, to not more than eight (8) persons |
with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1; |
(iii) A residence for children providing care or supervision, or both, to not more than eight |
(8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of |
title 42; |
(iv) A community transitional residence providing care or assistance, or both, to no more |
than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) |
persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, |
abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor |
more than two (2) years. Residents will have access to, and use of, all common areas, including |
eating areas and living rooms, and will receive appropriate social services for the purpose of |
fostering independence, self-sufficiency, and eventual transition to a permanent living situation. |
(16)(17) Comprehensive plan. The comprehensive plan adopted and approved pursuant to |
chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in |
compliance. |
(17)(18) Day care — Daycare center. Any other daycare center that is not a family daycare |
home. |
(18)(19) Day care — Family daycare home. Any home, other than the individual’s home, |
in which day care in lieu of parental care or supervision is offered at the same time to six (6) or less |
individuals who are not relatives of the caregiver, but may not contain more than a total of eight |
(8) individuals receiving day care. |
(19)(20) Density, residential. The number of dwelling units per unit of land. |
(20)(21) Development. The construction, reconstruction, conversion, structural alteration, |
relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; |
or any change in use, or alteration or extension of the use, of land. |
(21)(22) Development plan review. The process whereby authorized, local officials review |
the site plans, maps, and other documentation of a development to determine the compliance with |
the stated purposes and standards of the ordinance. |
(22)(23) District. See “zoning-use district.” |
(23)(24) Drainage system. A system for the removal of water from land by drains, grading, |
or other appropriate means. These techniques may include runoff controls to minimize erosion and |
sedimentation during and after construction or development; the means for preserving surface and |
groundwaters; and the prevention and/or alleviation of flooding. |
(24)(25) Dwelling unit. A structure, or portion of a structure, providing complete, |
independent living facilities for one or more persons, including permanent provisions for living, |
sleeping, eating, cooking, and sanitation, and containing a separate means of ingress and egress. |
(25)(26) Extractive industry. The extraction of minerals, including: solids, such as coal |
and ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes |
quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other |
preparation customarily done at the extraction site or as a part of the extractive activity. |
(26)(27) Family member. A person, or persons, related by blood, marriage, or other legal |
means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, |
grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household. |
(27)(28) Floating zone. An unmapped zoning district adopted within the ordinance that is |
established on the zoning map only when an application for development, meeting the zone |
requirements, is approved. |
(28)(29) Floodplains, or Flood hazard area. As defined in § 45-22.2-4. |
(29)(30) Freeboard. A factor of safety expressed in feet above the base flood elevation of |
a flood hazard area for purposes of floodplain management. Freeboard compensates for the many |
unknown factors that could contribute to flood heights, such as wave action, bridge openings, and |
the hydrological effect of urbanization of the watershed. |
(30)(31) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3. |
(31)(32) Halfway house. A residential facility for adults or children who have been |
institutionalized for criminal conduct and who require a group setting to facilitate the transition to |
a functional member of society. |
(32)(33) Hardship. See § 45-24-41. |
(33)(34) Historic district or historic site. As defined in § 45-22.2-4. |
(34)(35) Home occupation. Any activity customarily carried out for gain by a resident, |
conducted as an accessory use in the resident’s dwelling unit. |
(35)(36) Household. One or more persons living together in a single-dwelling unit, with |
common access to, and common use of, all living and eating areas and all areas and facilities for |
the preparation and storage of food within the dwelling unit. The term “household unit” is |
synonymous with the term “dwelling unit” for determining the number of units allowed within any |
structure on any lot in a zoning district. An individual household shall consist of any one of the |
following: |
(i) A family, which may also include servants and employees living with the family; or |
(ii) A person or group of unrelated persons living together. The maximum number may be |
set by local ordinance, but this maximum shall not be less than three (3). |
(36)(37) Incentive zoning. The process whereby the local authority may grant additional |
development capacity in exchange for the developer’s provision of a public benefit or amenity as |
specified in local ordinances. |
(37)(38) Infrastructure. Facilities and services needed to sustain residential, commercial, |
industrial, institutional, and other activities. |
(38)(39) Land-development project. A project in which one or more lots, tracts, or parcels |
of land are developed or redeveloped as a coordinated site for one or more uses, units, or structures, |
including, but not limited to, planned development or cluster development for residential, |
commercial, institutional, recreational, open space, or mixed uses as provided in the zoning |
ordinance. |
(39)(40) Lot. Either: |
(i) The basic development unit for determination of lot area, depth, and other dimensional |
regulations; or |
(ii) A parcel of land whose boundaries have been established by some legal instrument, |
such as a recorded deed or recorded map, and that is recognized as a separate legal entity for |
purposes of transfer of title. |
(40)(41) Lot area. The total area within the boundaries of a lot, excluding any street right- |
of-way, usually reported in acres or square feet. |
(41)(42) Lot area, minimum. The smallest land area established by the local zoning |
ordinance upon which a use, building, or structure may be located in a particular zoning district. |
(42)(43) Lot building coverage. That portion of the lot that is, or may be, covered by |
buildings and accessory buildings. |
(43)(44) Lot depth. The distance measured from the front lot line to the rear lot line. For |
lots where the front and rear lot lines are not parallel, the lot depth is an average of the depth. |
(44)(45) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall |
specify how noncontiguous frontage will be considered with regard to minimum frontage |
requirements. |
(45)(46) Lot line. A line of record, bounding a lot, that divides one lot from another lot or |
from a public or private street or any other public or private space and shall include: |
(i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall |
specify the method to be used to determine the front lot line on lots fronting on more than one |
street, for example, corner and through lots; |
(ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of |
triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10′) in length |
entirely within the lot, parallel to and at a maximum distance from, the front lot line; and |
(iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may |
be a street lot line, depending on requirements of the local zoning ordinance. |
(46)(47) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined |
herein. |
(47)(48) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon |
two (2) streets that do not intersect at the boundaries of the lot. |
(48)(49) Lot width. The horizontal distance between the side lines of a lot measured at |
right angles to its depth along a straight line parallel to the front lot line at the minimum front |
setback line. |
(49)(50) Mere inconvenience. See § 45-24-41. |
(50)(51) Mixed use. A mixture of land uses within a single development, building, or tract. |
(51)(52) Modification. Permission granted and administered by the zoning enforcement |
officer of the city or town, and pursuant to the provisions of this chapter to grant a dimensional |
variance other than lot area requirements from the zoning ordinance to a limited degree as |
determined by the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) |
of each of the applicable dimensional requirements. |
(52)(53) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully |
existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with |
the provisions of that ordinance or amendment. Nonconformance is of only two (2) types: |
(i) Nonconforming by use: a lawfully established use of land, building, or structure that is |
not a permitted use in that zoning district. A building or structure containing more dwelling units |
than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or |
(ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance |
with the dimensional regulations of the zoning ordinance. Dimensional regulations include all |
regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building |
or structure containing more dwelling units than are permitted by the use regulations of a zoning |
ordinance is nonconforming by use; a building or structure containing a permitted number of |
dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per |
dwelling unit regulations, is nonconforming by dimension. |
(53)(54) Overlay district. A district established in a zoning ordinance that is superimposed |
on one or more districts or parts of districts. The standards and requirements associated with an |
overlay district may be more or less restrictive than those in the underlying districts consistent with |
other applicable state and federal laws. |
(54)(55) Performance standards. A set of criteria or limits relating to elements that a |
particular use or process must either meet or may not exceed. |
(55)(56) Permitted use. A use by right that is specifically authorized in a particular zoning |
district. |
(56)(57) Planned development. A “land-development project,” as defined in subsection |
(38), and developed according to plan as a single entity and containing one or more structures or |
uses with appurtenant common areas. |
(57)(58) Plant agriculture. The growing of plants for food or fiber, to sell or consume. |
(58)(59) Preapplication conference. A review meeting of a proposed development held |
between applicants and reviewing agencies as permitted by law and municipal ordinance, before |
formal submission of an application for a permit or for development approval. |
(59)(60) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance |
of the required setback for the zoning district in which the lot is located that establishes the area |
within which the principal structure must be erected or placed. |
(60)(61) Site plan. The development plan for one or more lots on which is shown the |
existing and/or the proposed conditions of the lot. |
(61)(62) Slope of land. The grade, pitch, rise, or incline of the topographic landform or |
surface of the ground. |
(62)(63) Special use. A regulated use that is permitted pursuant to the special-use permit |
issued by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a |
special exception. |
(63)(64) Structure. A combination of materials to form a construction for use, occupancy, |
or ornamentation, whether installed on, above, or below the surface of land or water. |
(64)(65) Substandard lot of record. Any lot lawfully existing at the time of adoption or |
amendment of a zoning ordinance and not in conformance with the dimensional or area provisions |
of that ordinance. |
(65)(66) Use. The purpose or activity for which land or buildings are designed, arranged, |
or intended, or for which land or buildings are occupied or maintained. |
(66)(67) Variance. Permission to depart from the literal requirements of a zoning |
ordinance. An authorization for the construction or maintenance of a building or structure, or for |
the establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There |
are only two (2) categories of variance, a use variance or a dimensional variance. |
(i) Use variance. Permission to depart from the use requirements of a zoning ordinance |
where the applicant for the requested variance has shown by evidence upon the record that the |
subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the |
zoning ordinance. |
(ii) Dimensional variance. Permission to depart from the dimensional requirements of a |
zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the |
record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use |
of the subject property unless granted the requested relief from the dimensional regulations. |
However, the fact that a use may be more profitable or that a structure may be more valuable after |
the relief is granted are not grounds for relief. |
(67)(68) Waters. As defined in § 46-12-1(23). |
(68)(69) Wetland, coastal. As defined in § 45-22.2-4. |
(69)(70) Wetland, freshwater. As defined in § 2-1-20. |
(70)(71) Zoning certificate. A document signed by the zoning-enforcement officer, as |
required in the zoning ordinance, that acknowledges that a use, structure, building, or lot either |
complies with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or |
is an authorized variance or modification therefrom. |
(71)(72) Zoning map. The map, or maps, that are a part of the zoning ordinance and that |
delineate the boundaries of all mapped zoning districts within the physical boundary of the city or |
town. |
(72)(73) Zoning ordinance. An ordinance enacted by the legislative body of the city or |
town pursuant to this chapter and in the manner providing for the adoption of ordinances in the city |
or town’s legislative or home rule charter, if any, that establish regulations and standards relating |
to the nature and extent of uses of land and structures; that is consistent with the comprehensive |
plan of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that |
complies with the provisions of this chapter. |
(73)(74) Zoning-use district. The basic unit in zoning, either mapped or unmapped, to |
which a uniform set of regulations applies, or a uniform set of regulations for a specified use. |
Zoning-use districts include, but are not limited to: agricultural, commercial, industrial, |
institutional, open space, and residential. Each district may include sub-districts. Districts may be |
combined. |
45-24-37. General provisions — Permitted uses. |
(a) The zoning ordinance shall provide a listing of all land uses and/or performance |
standards for uses that are permitted within the zoning use districts of the municipality. The |
ordinance may provide for a procedure under which a proposed land use that is not specifically |
listed may be presented by the property owner to the zoning board of review or to a local official |
or agency charged with administration and enforcement of the ordinance for an evaluation and |
determination of whether the proposed use is of a similar type, character, and intensity as a listed |
permitted use. Upon such determination, the proposed use may be considered to be a permitted use. |
(b) Notwithstanding any other provision of this chapter, the following uses are permitted |
uses within all residential zoning use districts of a municipality and all industrial and commercial |
zoning use districts except where residential use is prohibited for public health or safety reasons: |
(1) Households; |
(2) Community residences; and |
(3) Family daycare homes. |
(c) Any time a building or other structure used for residential purposes, or a portion of a |
building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire |
or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured home, |
or homes, as the need may be, elsewhere upon the land, for use and occupancy of the former |
occupants for a period of up to twelve (12) months, or until the building or structure is rehabilitated |
and otherwise made fit for occupancy. The property owner, or a properly designated agent of the |
owner, is only allowed to cause the mobile and manufactured home, or homes, to remain |
temporarily upon the land by making timely application to the local building official for the |
purposes of obtaining the necessary permits to repair or rebuild the structure. |
(d) Notwithstanding any other provision of this chapter, appropriate access for people with |
disabilities to residential structures is allowed as a reasonable accommodation for any person(s) |
residing, or intending to reside, in the residential structure. |
(e) Notwithstanding any other provision of this chapter, an accessory dwelling unit in an |
owner-occupied residence that complies with §§ 45-24-31 and 45-24-73 shall be permitted as a |
reasonable accommodation for family members with disabilities or who are sixty-two (62) years of |
age or older, or to accommodate other family members. |
(f) When used in this section the terms “people with disabilities” or “member, or members, |
with disabilities” means a person(s) who has a physical or mental impairment that substantially |
limits one or more major life activities, as defined in § 42-87-1(7). |
(g) Notwithstanding any other provisions of this chapter, plant agriculture is a permitted |
use within all zoning districts of a municipality, including all industrial and commercial zoning |
districts, except where prohibited for public health or safety reasons or the protection of wildlife |
habitat. |
(h)(1) Adaptive reuse. Notwithstanding any other provisions of this chapter, adaptive reuse |
for the conversion of any commercial building, including offices, schools, religious facilities, |
medical buildings, and malls into residential units or mixed-use developments which include the |
development of at least fifty percent (50%) of the existing gross floor area into residential units, |
shall be a permitted use and allowed by specific and objective provisions of a zoning ordinance, |
except where such is prohibited by environmental land use restrictions recorded on the property by |
the state of Rhode Island department of environmental management or the United States |
Environmental Protection Agency preventing the conversion to residential use. |
(i1) The specific zoning ordinance provisions for adaptive reuse shall exempt adaptive |
reuse developments from off-street parking requirements of over one space per dwelling unit. |
(ii2) Density. (Ai) For projects that meet the following criteria, zoning ordinances shall |
allow for high density development and shall not limit the density to less than fifteen (15) dwelling |
units per acre: |
(IA) Where the project is limited to the existing footprint, except that the footprint is |
allowed to be expanded to accommodate upgrades related to the building and fire codes and |
utilities; and |
(IIB) The development includes at least twenty percent (20%) low- and moderate-income |
housing; and |
(IIIC) The development has access to public sewer and water service or has access to |
adequate private water, such as a well and and/or wastewater treatment system(s) approved by the |
relevant state agency for the entire development as applicable. |
(Bii) For all other adaptive reuse projects, the residential density permitted in the converted |
structure shall be the maximum allowed that otherwise meets all standards of minimum housing |
and has access to public sewer and water service or has access to adequate private water, such as a |
well, and wastewater treatment system(s) approved by the relevant state agency for the entire |
development, as applicable, The density proposed shall be determined to meet all public health and |
safety standards. |
(iii3) Notwithstanding any other provisions of this chapter, for adaptive reuse projects, |
existing building setbacks shall remain and shall be considered legal nonconforming, but no |
additional encroachments shall be permitted into any nonconforming setback, unless otherwise |
allowed by zoning ordinance or relief is granted by the applicable authority. |
(iv4) For adaptive reuse projects, notwithstanding any other provisions of this chapter, the |
height of the existing structure, if it exceeds the maximum height of the zoning district, may remain |
and shall be considered legal nonconforming, and any rooftop construction shall be included within |
the height exemption |
SECTION 2. This act shall take effect on January 1, 2024. |
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LC002504/SUB A |
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