Title 45
Towns and Cities

Chapter 24
Zoning Ordinances

§ 45-24-37. General provisions — Permitted uses. [Effective until January 1, 2026.]

(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;

(3) Family daycare homes; and

(4) Remote work, defined as a work flexibility arrangement under which a W-2 employee or full-time contractor routinely performs the duties and responsibilities of such employee’s position from an approved worksite other than the location from which the employee would otherwise work.

(i) Remote work shall not include any activities that:

(A) Relate to the sale of unlawful goods and services;

(B) Generate on-street parking or a substantial increase in traffic through the residential area;

(C) Occur outside of the residential dwelling;

(D) Occur in the yard; or

(E) Are visible from the street.

(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 (“ADU”) that meets the requirements of §§ 45-24-31 and 45-24-73(a) shall be a permitted use in all residential zoning districts. An ADU that meets the requirements of §§ 45-24-31 and 45-24-73(a) shall be permitted through an administrative building permit process only.

(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(5).

(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) 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, mills, 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.

(1) Prohibitions. Adaptive reuse under this section shall not be allowed where:

(i) Residential use 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;

(ii) In any industrial or manufacturing zoning use district, or a portion thereof, where residential use is prohibited for public health and safety reasons which are based on specific and detailed findings;

(iii) In any building previously used for industrial or manufacturing use(s), which has not been vacant of an industrial use for less than one year prior to the submission of the permit or application for adaptive reuse.

(2) Density.

Provided that all minimum building, rehabilitation, and fire code requirements are met for all residential units, as applicable; and provided that, for projects with more than four (4) residential units, not less than ten percent (10%) of low- or moderate-income housing is provided, the local zoning ordinance shall not specify any maximum density of residential units. If less than ten percent (10%) of low- or moderate-income housing is provided, then the allowable maximum density shall be determined by the municipality.

(3) Dimensional requirements.

(i) Building envelope. Unless a local zoning ordinance allows otherwise, the development shall be limited to the existing building envelope, except that the envelope is allowed to be expanded to accommodate upgrades of non-occupiable space related to the building and fire codes and utilities such as HVAC equipment, stairs, and elevators.

(ii) Parking. A local zoning ordinance shall not require a development under this section to provide more than one off-street parking space for the first two (2) bedrooms of any dwelling unit and shall not require more than one off-street parking space for any additional bedroom beyond the second bedroom in any dwelling unit.

(iii) Existing setbacks. 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 local zoning ordinance or relief is granted by the applicable authority.

(iv) Height. 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 non-occupiable rooftop construction such as HVAC equipment and stairs or elevator towers, but excluding rooftop decks, shall be included within the height exemption.

(4) Water and sewer. The development shall have access to public water and sewer services or shall have access to adequate private water, such as a well(s) and and/or on-site wastewater treatment system(s) approved by the relevant state agency.

(i) Notwithstanding any other provisions of this chapter, all towns and cities shall allow manufactured homes, as defined in § 45-24-31, that comply with § 23-27.3-109.1.3 as a type of single-family home on any lot zoned for single-family use. Such home shall comply with all dimensional requirements of a single-family home in the district or seek relief for the same under the provisions of this chapter.

§ 45-24-37. General provisions — Permitted uses. [Effective January 1, 2026.]

(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;

(3) Family daycare homes; and

(4) Remote work, defined as a work flexibility arrangement under which a W-2 employee or full-time contractor routinely performs the duties and responsibilities of such employee’s position from an approved worksite other than the location from which the employee would otherwise work.

(i) Remote work shall not include any activities that:

(A) Relate to the sale of unlawful goods and services;

(B) Generate on-street parking or a substantial increase in traffic through the residential area;

(C) Occur outside of the residential dwelling;

(D) Occur in the yard; or

(E) Are visible from the street.

(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 (“ADU”) that meets the requirements of §§ 45-24-31 and 45-24-73(a) shall be a permitted use in all residential zoning districts. An ADU that meets the requirements of §§ 45-24-31 and 45-24-73(a) shall be permitted through an administrative building permit process only.

(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(5).

(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) 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, mills, 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.

(1) Prohibitions. Adaptive reuse under this section shall not be allowed where:

(i) Residential use 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;

(ii) In any industrial or manufacturing zoning use district, or a portion thereof, where residential use is prohibited for public health and safety reasons which are based on specific and detailed findings;

(iii) In any building previously used for industrial or manufacturing use(s), which has not been vacant of an industrial use for less than one year prior to the submission of the permit or application for adaptive reuse.

(2) Density.

(i) Provided that all minimum building, rehabilitation, and fire code requirements are met for all residential units, as applicable; and provided that, for projects with more than four (4) residential units, not less than ten percent (10%) of low- or moderate-income housing is provided, the local zoning ordinance shall not specify any maximum density of residential units. If less than ten percent (10%) of low- or moderate-income housing is provided, then the allowable maximum density shall be determined by the municipality.

(ii) Co-living housing which meets the applicable requirements of the building and fire codes, may be allowed in adaptive reuse developments.

(3) Dimensional requirements.

(i) Building envelope. Unless a local zoning ordinance allows otherwise, the development shall be limited to the existing building envelope, except that the envelope is allowed to be expanded to accommodate upgrades of non-occupiable space related to the building and fire codes and utilities such as HVAC equipment, stairs, and elevators.

(ii) Parking. A local zoning ordinance shall not require a development under this section to provide more than one off-street parking space for the first two (2) bedrooms of any dwelling unit and shall not require more than one off-street parking space for any additional bedroom beyond the second bedroom in any dwelling unit.

(iii) Existing setbacks. 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 local zoning ordinance or relief is granted by the applicable authority.

(iv) Height. 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 non-occupiable rooftop construction such as HVAC equipment and stairs or elevator towers, but excluding rooftop decks, shall be included within the height exemption.

(4) Water and sewer. The development shall have access to public water and sewer services or shall have access to adequate private water, such as a well(s) and and/or on-site wastewater treatment system(s) approved by the relevant state agency.

(i) Notwithstanding any other provisions of this chapter, all towns and cities shall allow manufactured homes, as defined in § 45-24-31, that comply with § 23-27.3-109.1.3 as a type of single-family home on any lot zoned for single-family use. Such home shall comply with all dimensional requirements of a single-family home in the district or seek relief for the same under the provisions of this chapter.

(j) Attached single-family dwellings. Notwithstanding any other provision of this chapter, all towns and cities shall allow attached single-family units, as defined in § 45-24-33, in residential districts which allow for the construction of two (2) or more units. The number of attached single-family units allowed shall be the same as the corresponding residential density for the property and zoning district.