2012 -- H 7866

=======

LC01858

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO TOWNS AND CITIES

     Introduced By: Representatives Gallison, San Bento, Malik, Brien, and Dickinson

     Date Introduced: February 28, 2012

     Referred To: House Municipal Government

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Sections 45-23-32 and 45-23-44 in Title 45, Chapter 23 of the General

1-2

Laws, entitled "Subdivision of Land, “ are hereby amended as follows:

1-3

     45-23-32. Definitions. - Where words or phrases used in this chapter are defined in the

1-4

definitions section of either the Rhode Island Comprehensive Planning and Land Use Regulation

1-5

Act, section 45-22.2-4, or the Rhode Island Zoning Enabling Act of 1991, section 45-24-31, they

1-6

have the meanings stated in those acts. Additional words and phrases may be defined in local

1-7

ordinances, regulations and rules under this act. The words and phrases defined in this section,

1-8

however, shall be controlling in all local ordinances, regulations, and rules created under this

1-9

chapter. See also section 45-23-34. In addition, the following words and phrases have the

1-10

following meanings:

1-11

     (1) Administrative officer. The municipal official designated by the local regulations to

1-12

administer the land development and subdivision regulations and to coordinate with local boards

1-13

and commissions, municipal staff and state agencies. The administrative officer may be a member

1-14

of, or the chair, of the planning board, or an appointed official of the municipality. See section

1-15

45-23-55.

1-16

     (2) Administrative subdivision. Re-subdivision of existing lots which yields no additional

1-17

lots for development, and involves no creation or extension of streets. The re-subdivision only

1-18

involves divisions, mergers, mergers and division, or adjustments of boundaries of existing lots.

1-19

     (3) Board of appeal. The local review authority for appeals of actions of the

1-20

administrative officer and the planning board on matters of land development or subdivision,

2-1

which shall be the local zoning board of review constituted as the board of appeal. See section 45-

2-2

23-57.

2-3

     (4) Bond. See improvement guarantee.

2-4

     (5) Buildable lot. A lot where construction for the use(s) permitted on the site under the

2-5

local zoning ordinance is considered practicable by the planning board, considering the physical

2-6

constraints to development of the site as well as the requirements of the pertinent federal, state

2-7

and local regulations. See sections 45-23-32(31) and 45-23-60(4). No land development or

2-8

subdivision regulation, or zoning ordinance, shall require any lot to have more than forty

2-9

thousand (40,000) square feet of contiguous area that is free of environmental and physical

2-10

constraints to development as defined in sections 45-23-32 (12) and (31). However, in any zoning

2-11

districts where a minimum lot area is equal to or greater than eighty thousand (80,000) square

2-12

feet, no more than half of that minimum required lot area must be contiguous and free of

2-13

environmental and physical constraints as defined in sections 45-23-32(12) and (31).

2-14

Notwithstanding the above, no city or town shall be required to exclude an area or areas with

2-15

physical and/or environmental constraints in determining buildable lot area.

2-16

     (6) Certificate of completeness. A notice issued by the administrative officer informing

2-17

an applicant that the application is complete and meets the requirements of the municipality's

2-18

regulations, and that the applicant may proceed with the approval process.

2-19

     (7) Concept plan. A drawing with accompanying information showing the basic elements

2-20

of a proposed land development plan or subdivision as used for pre-application meetings and

2-21

early discussions, and classification of the project within the approval process.

2-22

     (8) Consistency with the comprehensive plan. A requirement of all local land use

2-23

regulations which means that all these regulations and subsequent actions are in accordance with

2-24

the public policies arrived at through detailed study and analysis and adopted by the municipality

2-25

as the comprehensive community plan as specified in section 45-22.2-3.

2-26

     (9) Dedication, fee-in-lieu-of. Payments of cash which are authorized in the local

2-27

regulations when requirements for mandatory dedication of land are not met because of physical

2-28

conditions of the site or other reasons. The conditions under which the payments will be allowed

2-29

and all formulas for calculating the amount shall be specified in advance in the local regulations.

2-30

See section 45-23-47.

2-31

     (10) Development regulation. Zoning, subdivision, land development plan, development

2-32

plan review, historic district, official map, flood plain regulation, soil erosion control or any other

2-33

governmental regulation of the use and development of land.

3-34

     (11) Division of land. A subdivision.

3-35

     (12) Environmental constraints. Natural features, resources, or land characteristics that

3-36

are sensitive to change and may require conservation measures or the application of special

3-37

development techniques to prevent degradation of the site, or may require limited development,

3-38

or in certain instances, may preclude development. See also physical constraints to development.

3-39

     (13) Final plan. The final stage of land development and subdivision review. See section

3-40

45-23-43.

3-41

     (14) Final plat. The final drawing(s) of all or a portion of a subdivision to be recorded

3-42

after approval by the planning board and any accompanying material as described in the

3-43

community's regulations and/or required by the planning board.

3-44

     (15) Floor area, gross. See R.I. State Building Code.

3-45

     (16) Governing body. The body of the local government, generally the city or town

3-46

council, having the power to adopt ordinances, accept public dedications, release public

3-47

improvement guarantees, and collect fees.

3-48

     (17) Improvement. Any natural or built item which becomes part of, is placed upon, or is

3-49

affixed to, real estate.

3-50

     (18) Improvement guarantee. A security instrument accepted by a municipality to ensure

3-51

that all improvements, facilities, or work required by the land development and subdivision

3-52

regulations, or required by the municipality as a condition of approval, will be completed in

3-53

compliance with the approved plans and specifications of a development. See section 45-23-46.

3-54

     (19) Local regulations. The land development and subdivision review regulations adopted

3-55

under the provisions of this act. For purposes of clarification, throughout this act, where reference

3-56

is made to local regulations, it is be understood as the land development and subdivision review

3-57

regulations and all related ordinances and rules properly adopted pursuant to this chapter.

3-58

     (20) Maintenance guarantee. Any security instrument which may be required and

3-59

accepted by a municipality to ensure that necessary improvements will function as required for a

3-60

specific period of time. See improvement guarantee.

3-61

     (21) Major land development plan. Any land development plan not classified as a minor

3-62

land development plan.

3-63

     (22) Major subdivision. Any subdivision not classified as either an administrative

3-64

subdivision or a minor subdivision.

3-65

     (23) Master plan. An overall plan for a proposed project site outlining general, rather than

3-66

detailed, development intentions. It describes the basic parameters of a major development

3-67

proposal, rather than giving full engineering details. Required in major land development or

3-68

major subdivision review. See section 45-23-40.

4-1

     (24) Minor land development plan. A development plan for a residential project as

4-2

defined in local regulations, provided that the development does not require waivers or

4-3

modifications as specified in this act. All nonresidential land development projects are considered

4-4

major land development plans.

4-5

     (25) Minor subdivision. A plan for a subdivision of land consisting of five (5) or fewer

4-6

units or lots, provided that the subdivision does not require waivers or modifications as specified

4-7

in this chapter.

4-8

     (26) Modification of requirements. See section 45-23-62.

4-9

     (27) Parcel. A lot, or contiguous group of lots in single ownership or under single control,

4-10

and usually considered a unit for purposes of development. Also referred to as a tract.

4-11

     (28) Parking area or lot. All that portion of a development that is used by vehicles, the

4-12

total area used for vehicular access, circulation, parking, loading and unloading.

4-13

     (29) Permitting authority. The local agency of government specifically empowered by

4-14

state enabling law and local ordinance to hear and decide on specific matters pertaining to local

4-15

land use.

4-16

     (30) Phased development. Development, usually for large-scale projects, where

4-17

construction of public and/or private improvements proceeds by sections subsequent to approval

4-18

of a master plan for the entire site. See section 45-23-48.

4-19

     (31) Physical constraints to development. Characteristics of a site or area, either natural

4-20

or man-made, which present significant difficulties to construction of the uses permitted on that

4-21

site, or would require extraordinary construction methods. Slope of land shall not be deemed a

4-22

physical constraint to development when determining development potential and shall not be

4-23

excluded from the calculation of buildable lot area or the calculation of the number of buildable

4-24

lots or units. See also environmental constraints.

4-25

     (32) Planning board. The official planning agency of a municipality, whether designated

4-26

as the plan commission, planning commission, plan board, or as otherwise known.

4-27

     (33) Plat. A drawing or drawings of a land development or subdivision plan showing the

4-28

location, boundaries, and lot lines of individual properties, as well as other necessary information

4-29

as specified in the local regulations.

4-30

     (34) Pre-application conference. An initial meeting between developers and municipal

4-31

representatives which affords developers the opportunity to present their proposals informally and

4-32

to receive comments and directions from the municipal officials and others. See section 45-23-35.

4-33

     (35) Preliminary plan. The required stage of land development and subdivision review

4-34

which requires detailed engineered drawings and all required state and federal permits. See

5-1

section 45-23-41.

5-2

     (36) Public improvement. Any street or other roadway, sidewalk, pedestrian way, tree,

5-3

lawn, off-street parking area, drainage feature, or other facility for which the local government or

5-4

other governmental entity either is presently responsible, or will ultimately assume the

5-5

responsibility for maintenance and operation upon municipal acceptance.

5-6

     (37) Public informational meeting. A meeting of the planning board or governing body

5-7

preceded by a notice, open to the public and at which the public is heard.

5-8

     (38) Re-subdivision. Any change of an approved or recorded subdivision plat or in a lot

5-9

recorded in the municipal land evidence records, or that affects the lot lines of any areas reserved

5-10

for public use, or that affects any map or plan legally recorded prior to the adoption of the local

5-11

land development and subdivision regulations. For the purposes of this act any action constitutes

5-12

a subdivision.

5-13

     (39) Storm water detention. A provision for storage of storm water runoff and the

5-14

controlled release of the runoff during and after a flood or storm.

5-15

     (40) Storm water retention. A provision for storage of storm water runoff.

5-16

     (41) Street. A public or private thoroughfare used, or intended to be used, for passage or

5-17

travel by motor vehicles. Streets are further classified by the functions they perform. See street

5-18

classification.

5-19

     (42) Street, access to. An adequate and permanent way of entering a lot. All lots of record

5-20

shall have access to a public street for all vehicles normally associated with the uses permitted for

5-21

that lot.

5-22

     (43) Street, alley. A public or private thoroughfare primarily designed to serve as

5-23

secondary access to the side or rear of those properties whose principal frontage is on some other

5-24

street.

5-25

     (44) Street, cul-de-sac. A local street with only one outlet and having an appropriate

5-26

vehicular turnaround, either temporary or permanent, at the closed end.

5-27

     (45) Street, limited access highway. A freeway or expressway providing for through

5-28

traffic. Owners or occupants of abutting property on lands and other persons have no legal right

5-29

to access, except at the points and in the manner as may be determined by the public authority

5-30

having jurisdiction over the highway.

5-31

     (46) Street, private. A thoroughfare established as a separate tract for the benefit of

5-32

multiple, adjacent properties and meeting specific, municipal improvement standards. This

5-33

definition does not apply to driveways.

6-34

     (47) Street, public. All public property reserved or dedicated for street traffic.

6-35

     (48) Street, stub. A portion of a street reserved to provide access to future development,

6-36

which may provide for utility connections.

6-37

     (49) Street classification. A method of roadway organization which identifies a street

6-38

hierarchy according to function within a road system, that is, types of vehicles served and

6-39

anticipated volumes, for the purposes of promoting safety, efficient land use and the design

6-40

character of neighborhoods and districts. Local classifications use the following as major

6-41

categories:

6-42

     (a) Arterial. A major street that serves as an avenue for the circulation of traffic into, out

6-43

of, or around the municipality and carries high volumes of traffic.

6-44

     (b) Collector. A street whose principal function is to carry traffic between local streets

6-45

and arterial streets but that may also provide direct access to abutting properties.

6-46

     (c) Local. Streets whose primary function is to provide access to abutting properties.

6-47

     (50) Subdivider. Any person who (1) having an interest in land, causes it, directly or

6-48

indirectly, to be divided into a subdivision or who (2) directly or indirectly sells, leases, or

6-49

develops, or offers to sell, lease, or develop, or advertises to sell, lease, or develop, any interest,

6-50

lot, parcel, site, unit, or plat in a subdivision, or who (3) engages directly or through an agent in

6-51

the business of selling, leasing, developing, or offering for sale, lease, or development a

6-52

subdivision or any interest, lot, parcel, site, unit, or plat in a subdivision.

6-53

     (51) Subdivision. The division or re-division, of a lot, tract or parcel of land into two or

6-54

more lots, tracts, or parcels. Any adjustment to existing lot lines of a recorded lot by any means is

6-55

considered a subdivision. All re-subdivision activity is considered a subdivision. The division of

6-56

property for purposes of financing constitutes a subdivision.

6-57

     (52) Technical review committee. A committee appointed by the planning board for the

6-58

purpose of reviewing, commenting, and making recommendations to the planning board with

6-59

respect to approval of land development and subdivision applications.

6-60

     (53) Temporary improvement. Improvements built and maintained by a developer during

6-61

construction of a development project and prior to release of the improvement guarantee, but not

6-62

intended to be permanent.

6-63

     (54) Vested rights. The right to initiate or continue the development of an approved

6-64

project for a specified period of time, under the regulations that were in effect at the time of

6-65

approval, even if, after the approval, the regulations change prior to the completion of the project.

6-66

     (55) Waiver of requirements. See section 45-23-62.

6-67

     (56) Yield Plan. A site plan of a proposed subdivision that is intended to depict the

6-68

highest number of lots possible while complying with the requirements of the zoning ordinance,

7-1

the land development and subdivision regulations, and all applicable state regulations.

7-2

     45-23-44. General provisions – Physical design requirements. - (a) All local

7-3

regulations shall specify, through reasonable, objective standards and criteria, all physical design

7-4

requirements for the development projects which are to be reviewed and approved pursuant to the

7-5

regulations. Regulations shall specify all requirements and policies for subdivisions and land

7-6

development projects which are not contained in the municipality's zoning ordinance; provided,

7-7

however, that the regulations shall be consistent with the substantive requirements of the zoning

7-8

ordinance, including, but not limited to, lot size and development density. Slope of land shall not

7-9

be deemed a physical constraint to development when determining development potential and

7-10

shall not be excluded from the calculation of buildable lot area or the calculation of the number of

7-11

buildable lots or units.

7-12

     (b) The requirements and policies may include, but are not limited to, requirements and

7-13

policies for rights-of-way, open space, landscaping, connections of proposed streets and drainage

7-14

systems with those of the surrounding neighborhood, public access through property to adjacent

7-15

public property, and the relationship of proposed developments to natural and man-made features

7-16

of the surrounding neighborhood.

7-17

     (c) The regulations shall specify all necessary findings, formulas for calculations and

7-18

procedures for meeting the requirements and policies. These requirements and policies apply to

7-19

all subdivisions and land development projects reviewed and/or administered under the local

7-20

regulations.

7-21

     (d) Nothing in this section shall be construed as abrogating the coastal resources

7-22

management council rules and regulations concerning development density.

7-23

     SECTION 2. Sections 45-24-30, 45-24-31, and 45-24-33 of Title 45, Chapter 24 of the

7-24

General Laws, entitled “Zoning Ordinances,” are hereby amended as follows:

7-25

     45-24-30. General purposes of zoning ordinances. - Zoning regulations shall be

7-26

developed and maintained in accordance with a comprehensive plan prepared, adopted, and as

7-27

may be amended, in accordance with chapter 22.2 of this title and shall be designed to address the

7-28

following purposes. The general assembly recognizes these purposes, each with equal priority and

7-29

numbered for reference purposes only.

7-30

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

7-31

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

7-32

city or town and reflecting current and expected future needs.

7-33

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

8-34

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

8-35

town adopted pursuant to chapter 22.2 of this title;

8-36

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

8-37

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

8-38

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

8-39

freshwater and coastal wetlands;

8-40

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

8-41

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

8-42

and facilities;

8-43

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

8-44

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

8-45

     (viii) The desirability of developing land efficiently and economically to preserve

8-46

contiguous open space and discourage rural, suburban and urban sprawl.

8-47

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

8-48

noise pollution, and soil erosion and sedimentation.

8-49

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

8-50

the city or town or areas in the municipality.

8-51

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

8-52

silviculture, aquaculture, timber resources, and open space.

8-53

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

8-54

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

8-55

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

8-56

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

8-57

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

8-58

sanitary housing.

8-59

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

8-60

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

8-61

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

8-62

facilities.

8-63

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

8-64

pursuant to chapter 22.2 of this title.

8-65

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

8-66

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

8-67

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

8-68

municipality.

9-1

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

9-2

zoning approval process.

9-3

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

9-4

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

9-5

modifications.

9-6

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

9-7

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

9-8

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

9-9

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

9-10

section 12101 et seq.

9-11

     45-24-31. Definitions. - Where words or terms used in this chapter are defined in section

9-12

45-22.2-4 or section 45-23-32, they have the meanings stated in that section. In addition, the

9-13

following words have the following meanings. Additional words and phrases may be used in

9-14

developing local ordinances under this chapter; however, the words and phrases defined in this

9-15

section are controlling in all local ordinances created under this chapter:

9-16

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

9-17

with no intervening land.

9-18

     (2) Accessory Dwelling Unit. A dwelling unit: (i) rented to and occupied either by one or

9-19

more members of the family of the occupant or occupants of the principal residence; or (ii)

9-20

reserved for rental occupancy by a person or a family where the principal residence is owner

9-21

occupied, and which meets the following provisions:

9-22

     (A) In zoning districts that allow residential uses, no more than one accessory dwelling

9-23

unit may be an accessory to a single-family dwelling.

9-24

     (B) An accessory dwelling unit shall include separate cooking and sanitary facilities, with

9-25

its own legal means of ingress and egress and is a complete, separate dwelling unit. The accessory

9-26

dwelling unit shall be within or attached to the principal dwelling unit structure or within an

9-27

existing structure, such as a garage or barn, and designed so that the appearance of the principal

9-28

structure remains that of a one-family residence.

9-29

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

9-30

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

9-31

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

9-32

principal use to which it is related.

9-33

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

10-34

     (i) Any person or persons or entity or entities who can demonstrate that their property

10-35

will be injured by a decision of any officer or agency responsible for administering the zoning

10-36

ordinance of a city or town; or

10-37

     (ii) Anyone requiring notice pursuant to this chapter.

10-38

     (5) Agricultural Land. “Agricultural land”, as defined in section 45-22.2-4.

10-39

     (6) Airport Hazard Area. “Airport hazard area”, as defined in section 1-3-2.

10-40

     (7) Applicant. An owner or authorized agent of the owner submitting an application or

10-41

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

10-42

     (8) Application. The completed form or forms and all accompanying documents, exhibits,

10-43

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

10-44

permitting purposes.

10-45

     (9) Buffer. Land which is maintained in either a natural or landscaped state, and is used to

10-46

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

10-47

way.

10-48

     (10) Buildable Lot. A lot where construction for the use(s) permitted on the site under

10-49

the local zoning ordinance is considered practicable, considering the physical constraints to

10-50

development of the site as well as the requirements of the pertinent federal, state and local

10-51

regulations. See section 45-23-32(31). No land development or subdivision regulation, or zoning

10-52

ordinance, shall require any lot to have more than forty thousand (40,000) square feet of

10-53

contiguous area that is free of environmental and physical constraints to development as defined

10-54

in sections 45-23-32 (12) and (31). However, in any zoning districts where a minimum lot area is

10-55

equal to or greater than eighty thousand (80,000) square feet, no more than half of that minimum

10-56

required lot area must be contiguous and free of environmental and physical constraints as

10-57

defined in sections 45-23-32(12) and (31). Notwithstanding the above, no city or town shall be

10-58

required to exclude an area or areas with physical and/or environmental constraints in

10-59

determining buildable lot area.

10-60

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

10-61

occupancy.

10-62

     (12)(11) Building Envelope. The three-dimensional space within which a structure is

10-63

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

10-64

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

10-65

     (13)(12) Building Height. The vertical distance from grade, as determined by the

10-66

municipality, to the top of the highest point of the roof or structure. The distance may exclude

10-67

spires, chimneys, flag poles, and the like.

11-68

     (14)(13) Cluster. A site planning technique that concentrates buildings in specific areas

11-69

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

11-70

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

11-71

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

11-72

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

11-73

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

11-74

uses. Under cluster development there is no increase in the number of lots that would be

11-75

permitted under conventional development except where ordinance provisions include incentive

11-76

bonuses for certain types or conditions of development.

11-77

     (15)(14) Common Ownership. Either:

11-78

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

11-79

or more contiguous lots; or

11-80

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

11-81

more lots under specific development techniques.

11-82

     (16)(15) Community Residence. A home or residential facility where children and/or

11-83

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

11-84

include halfway houses or substance abuse treatment facilities. This does include, but is not

11-85

limited, to the following:

11-86

     (i) Whenever six (6) or fewer children or adults with retardation reside in any type of

11-87

residence in the community, as licensed by the state pursuant to chapter 24 of title 40.1. All

11-88

requirements pertaining to local zoning are waived for these community residences;

11-89

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

11-90

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

11-91

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

11-92

eight (8) children including those of the care giver and licensed by the state pursuant to chapter

11-93

72.1 of title 42;

11-94

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

11-95

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

11-96

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

11-97

abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days

11-98

nor more than two (2) years. Residents will have access to and use of all common areas, including

11-99

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

11-100

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

11-101

     (17)(16) Comprehensive Plan. The comprehensive plan adopted and approved pursuant

11-102

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

12-1

compliance.

12-2

     (18) Conservation Development. A type of land development in which the natural

12-3

resources and character-defining features of the site are identified first, and lot lines, building

12-4

envelopes, and open space are located in a way that preserves and protects those features through

12-5

flexibility in the size and dimensions of lots.

12-6

     (19)(17) Day Care – Day Care Center. Any other day care center which is not a family

12-7

day care home.

12-8

     (20)(18) Day Care – Family Day Care Home. Any home other than the individual's home

12-9

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

12-10

less individuals who are not relatives of the care giver, but may not contain more than a total of

12-11

eight (8) individuals receiving day care.

12-12

     (21)(19) Density, Residential. The number of dwelling units per unit of land.

12-13

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

12-14

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

12-15

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

12-16

     (23)(21) Development Plan Review. The process whereby authorized local officials

12-17

review the site plans, maps, and other documentation of a development to determine the

12-18

compliance with the stated purposes and standards of the ordinance.

12-19

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

12-20

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

12-21

grading, or other appropriate means. These techniques may include runoff controls to minimize

12-22

erosion and sedimentation during and after construction or development, the means for preserving

12-23

surface and groundwaters, and the prevention and/or alleviation of flooding.

12-24

     (26)(24) Dwelling Unit. A structure or portion of a structure providing complete,

12-25

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

12-26

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

12-27

     (27)(25) Extractive Industry. The extraction of minerals, including: solids, such as coal

12-28

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

12-29

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

12-30

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

12-31

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

12-32

See also “Household”.

12-33

     (29)(27) Floating Zone. An unmapped zoning district adopted within the ordinance which

12-34

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

13-1

requirements, is approved.

13-2

     (30)(28) Floodplains, or Flood Hazard Area. As defined in section 45-22.2-4.

13-3

     (31)(29) Groundwater. “Groundwater” and associated terms, as defined in section 46-

13-4

13.1-3.

13-5

     (32)(30) Halfway House. A residential facility for adults or children who have been

13-6

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

13-7

a functional member of society.

13-8

     (33)(31) Hardship. See section 45-24-41.

13-9

     (34)(32) Historic District, or Historic Site. As defined in section 45-22.2-4.

13-10

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

13-11

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

13-12

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

13-13

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

13-14

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

13-15

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

13-16

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

13-17

the following:

13-18

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

13-19

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

13-20

be set by local ordinance, but this maximum shall not be less than three (3).

13-21

     (37)(35) Incentive Zoning. The process whereby the local authority may grant additional

13-22

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

13-23

specified in local ordinances.

13-24

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

13-25

industrial, institutional, and other activities.

13-26

     (39)(37) Land Development Project. A project in which one or more lots, tracts, or

13-27

parcels of land are to be developed or redeveloped as a coordinated site for a complex of one or

13-28

more uses, units, or structures, including, but not limited to, planned development and/or ,

13-29

conservation development, or cluster development for residential, commercial, institutional,

13-30

recreational, open space, and/or mixed uses, as may be provided for in the zoning ordinance.

13-31

     (40)(38) Lot. Either:

13-32

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

13-33

regulations; or

14-34

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

14-35

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

14-36

purposes of transfer of title.

14-37

     (41)(39) Lot Area. The total area within the boundaries of a lot, excluding any street

14-38

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

14-39

     (42)(40) Lot Building Coverage. That portion of the lot that is or may be covered by

14-40

buildings and accessory buildings.

14-41

     (43)(41) Lot Depth. The distance measured from the front lot line to the rear lot line. For

14-42

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

14-43

     (44)(42) Lot Frontage. That portion of a lot abutting a street. A zoning ordinance shall

14-44

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

14-45

requirements.

14-46

     (45)(43) Lot Line. A line of record, bounding a lot, which divides one lot from another

14-47

lot or from a public or private street or any other public or private space and shall include:

14-48

     (i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall

14-49

specify the method to be used to determine the front lot line on lots fronting on more than one

14-50

street, for example, corner and through lots;

14-51

     (ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of

14-52

triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10') in length

14-53

entirely within the lot, parallel to and at a maximum distance from the front lot line; and

14-54

     (iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line

14-55

may be a street lot line, depending on requirements of the local zoning ordinance.

14-56

     (46)(44) Lot, Through. A lot which fronts upon two (2) parallel streets, or which fronts

14-57

upon two (2) streets which do not intersect at the boundaries of the lot.

14-58

     (47)(45) Lot Width. The horizontal distance between the side lines of a lot measured at

14-59

right angles to its depth along a straight line parallel to the front lot line at the minimum front

14-60

setback line.

14-61

     (48)(46) Mere Inconvenience. See section 45-24-41.

14-62

     (49)(47) Mixed Use. A mixture of land uses within a single development, building, or

14-63

tract.

14-64

     (50)(48) Modification. Permission granted and administered by the zoning enforcement

14-65

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

14-66

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

14-67

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

14-68

(25%) of each of the applicable dimensional requirements.

15-1

     (51)(49) Nonconformance. A building, structure, or parcel of land, or use thereof,

15-2

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

15-3

conformity with the provisions of that ordinance or amendment. Nonconformance is of only two

15-4

(2) types:

15-5

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

15-6

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

15-7

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

15-8

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

15-9

compliance with the dimensional regulations of the zoning ordinance. Dimensional regulations

15-10

include all regulations of the zoning ordinance, other than those pertaining to the permitted uses.

15-11

A building or structure containing more dwelling units than are permitted by the use regulations

15-12

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

15-13

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

15-14

area per dwelling unit regulations, is nonconforming by dimension.

15-15

     (52)(50) Overlay District. A district established in a zoning ordinance that is

15-16

superimposed on one or more districts or parts of districts and that imposes specified

15-17

requirements in addition to, but not less, than those otherwise applicable for the underlying zone.

15-18

     (53)(51) Performance Standards. A set of criteria or limits relating to elements which a

15-19

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

15-20

     (54)(52) Permitted Use. A use by right which is specifically authorized in a particular

15-21

zoning district.

15-22

     (55)(53) Planned Development. A “land development project”, as defined in section 45-

15-23

24-31(37), and developed according to plan as a single entity and containing one or more

15-24

structures and/or uses with appurtenant common areas.

15-25

     (56)(54) Preapplication Conference. A review meeting of a proposed development held

15-26

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

15-27

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

15-28

     (57)(55) Setback Line or Lines. A line or lines parallel to a lot line at the minimum

15-29

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

15-30

the area within which the principal structure must be erected or placed.

15-31

     (58)(56) Site Plan. The development plan for one or more lots on which is shown the

15-32

existing and/or the proposed conditions of the lot.

15-33

     (59)(57) Special Use. A regulated use which is permitted pursuant to the special-use

15-34

permit issued by the authorized governmental entity, pursuant to section 45-24-42. Formerly

16-1

referred to as a special exception.

16-2

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

16-3

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

16-4

     (61)(59) Substandard Lot of Record. Any lot lawfully existing at the time of adoption or

16-5

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

16-6

provisions of that ordinance.

16-7

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

16-8

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

16-9

     (63)(61) Variance. Permission to depart from the literal requirements of a zoning

16-10

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

16-11

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

16-12

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

16-13

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

16-14

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

16-15

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

16-16

zoning ordinance.

16-17

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

16-18

zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the

16-19

record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use

16-20

of the subject property unless granted the requested relief from the dimensional regulations.

16-21

However, the fact that a use may be more profitable or that a structure may be more valuable after

16-22

the relief is granted are not grounds for relief.

16-23

     (64)(62) Waters. As defined in section 46-12-1(23).

16-24

     (65)(63) Wetland, Coastal. As defined in section 45-22.2-4.

16-25

     (66)(64) Wetland, Freshwater. As defined in section 2-1-20.

16-26

     (67)(65) Zoning Certificate. A document signed by the zoning enforcement officer, as

16-27

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

16-28

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

16-29

is an authorized variance or modification therefrom.

16-30

     (68)(66) Zoning Map. The map or maps which are a part of the zoning ordinance and

16-31

which delineate the boundaries of all mapped zoning districts within the physical boundary of the

16-32

city or town.

16-33

     (69)(67) Zoning Ordinance. An ordinance enacted by the legislative body of the city or

16-34

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

17-1

city or town's legislative or home rule charter, if any, which establish regulations and standards

17-2

relating to the nature and extent of uses of land and structures, which is consistent with the

17-3

comprehensive plan of the city or town as defined in chapter 22.2 of this title, which includes a

17-4

zoning map, and which complies with the provisions of this chapter.

17-5

     (70)(68.) Zoning Use District. The basic unit in zoning, either mapped or unmapped, to

17-6

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

17-7

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

17-8

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

17-9

combined.

17-10

     45-24-33. Standard provisions. - (a) A zoning ordinance addresses each of the purposes

17-11

stated in section 45-24-30 and addresses, through reasonable objective standards and criteria, the

17-12

following general provisions which are numbered for reference purposes only:

17-13

     (1) Permitting, prohibiting, limiting, and restricting the development of land and

17-14

structures in zoning districts, and regulating those land and structures according to their type, and

17-15

the nature and extent of their use;

17-16

     (2) Regulating the nature and extent of the use of land for residential, commercial,

17-17

industrial, institutional, recreational, agricultural, open space, or other use or combination of uses,

17-18

as the need for land for those purposes is determined by the city or town's comprehensive plan;

17-19

     (3) Permitting, prohibiting, limiting, and restricting buildings, structures, land uses, and

17-20

other development by performance standards, or other requirements, related to air and water and

17-21

groundwater quality, noise and glare, energy consumption, soil erosion and sedimentation, and/or

17-22

the availability and capacity of existing and planned public or private services;

17-23

     (4) Regulating within each district and designating requirements for:

17-24

     (i) The height, number of stories, and size of buildings;

17-25

     (ii) The dimensions, size, lot coverage, floor area ratios, and layout of lots or

17-26

development areas;

17-27

     (iii) The density and intensity of use;

17-28

     (iv) Access to air and light, views, and solar access;

17-29

     (v) Open space, yards, courts, and buffers;

17-30

     (vi) Parking areas, road design, and, where appropriate, pedestrian, bicycle, and other

17-31

circulator systems;

17-32

     (vii) Landscaping, fencing, and lighting;

17-33

     (viii) Appropriate drainage requirements and methods to manage stormwater runoff;

18-34

     (ix) Public access to waterbodies, rivers, and streams; and

18-35

     (x) Other requirements in connection with any use of land or structure;

18-36

     (5) Permitting, prohibiting, limiting, and restricting development in flood plains or flood

18-37

hazard areas and designated significant natural areas;

18-38

     (6) Promoting the conservation of energy and promoting energy-efficient patterns of

18-39

development;

18-40

     (7) Providing for the protection of existing and planned public drinking water supplies,

18-41

their tributaries and watersheds, and the protection of Narragansett Bay, its tributaries and

18-42

watershed;

18-43

     (8) Providing for adequate, safe, and efficient transportation systems; and avoiding

18-44

congestion by relating types and levels of development to the capacity of the circulation system,

18-45

and maintaining a safe level of service of the system;

18-46

     (9) Providing for the preservation and enhancement of the recreational resources of the

18-47

city or town;

18-48

     (10) Promoting an economic climate which increases quality job opportunities and the

18-49

overall economic well-being of the city or town and the state;

18-50

     (11) Providing for pedestrian access to and between public and private facilities,

18-51

including, but not limited to schools, employment centers, shopping areas, recreation areas, and

18-52

residences;

18-53

     (12) Providing standards for and requiring the provision of adequate and properly

18-54

designed physical improvements, including plantings, and the proper maintenance of property;

18-55

     (13) Permitting, prohibiting, limiting, and restricting land use in areas where development

18-56

is deemed to create a hazard to the public health or safety;

18-57

     (14) Permitting, prohibiting, limiting, and restricting extractive industries and earth

18-58

removal and requiring restoration of land after these activities;

18-59

     (15) Regulating sanitary landfill, except as otherwise provided by state statute;

18-60

      (16) Permitting, prohibiting, limiting, and restricting signs and billboards, and other

18-61

outdoor advertising devices;

18-62

     (17) Designating airport hazard areas under the provisions of chapter 3 of title 1, and

18-63

enforcement of airport hazard area zoning regulations under the provisions established in that

18-64

chapter;

18-65

     (18) Designating areas of historic, cultural, and/or archaeological value and regulating

18-66

development in those areas under the provisions of chapter 24.1 of this title;

18-67

     (19) Providing standards and requirements for the regulation, review, and approval of any

18-68

proposed development in connection with those uses of land, buildings, or structures specifically

19-1

designated as subject to development plan review in a zoning ordinance;

19-2

     (20) Designating special protection areas for water supply and limiting or prohibiting

19-3

development in these areas, except as otherwise provided by state statute;

19-4

     (21) Specifying requirements for safe road access to developments from existing streets,

19-5

including limiting the number, design, and location of curb cuts, and provisions for internal

19-6

circulation systems for new developments, and provisions for pedestrian and bicycle ways; and

19-7

     (22) Reducing unnecessary delay in approving or disapproving development applications,

19-8

through provisions for preapplication conferences and other means.

19-9

     (23) Providing for the application of the Rhode Island Fair Housing Practices Act,

19-10

chapter 37 of title 34, the United States Fair Housing Amendments Act of 1988 (FHAA), the

19-11

Rhode Island Civil Rights People with Disabilities Act, chapter 37 of title 42, and the Americans

19-12

with Disabilities Act of 1990 (ADA), 42 U.S.C. section 12101 et seq.

19-13

     (24) Regulating drive-through windows of varied intensity of use when associated with

19-14

land use activities and providing standards and requirements for the regulation, review and

19-15

approval of the drive-through windows, including, but not limited to:

19-16

     (i) Identifying within which zoning districts drive-through windows may be permitted,

19-17

prohibited, or permitted by special use permit;

19-18

     (ii) Specifying requirements for adequate traffic circulation; and

19-19

     (iii) Providing for adequate pedestrian safety and access, including issues concerning

19-20

safety and access for those with disabilities.

19-21

     (25) Protecting natural resources and promoting efficient use of land through innovative

19-22

development design that discourages rural, suburban and urban sprawl and preserves contiguous

19-23

open space.

19-24

     (b) A zoning ordinance may include special provisions for any or all of the following:

19-25

     (1) Authorizing development incentives, known as incentive zoning, for purposes of

19-26

providing increases in the permitted use or dimension as a condition for, but not limited to:

19-27

including, but not limited to, additional permitted uses, increased development density, or

19-28

additional design or dimensional flexibility, in exchange for:

19-29

     (i) Increased open space;

19-30

     (ii) Increased housing choices;

19-31

     (iii) Traffic and pedestrian improvements;

19-32

     (iv) Public and/or private facilities; and/or

19-33

     (v) Use of innovative land development design methods; and/or

20-34

     (v)(vi) Other amenities as desired by the city or town and consistent with its

20-35

comprehensive plan. The provisions in the ordinance shall include maximum allowable densities

20-36

of population and/or intensities of use and shall indicate the type of improvements, amenities,

20-37

and/or conditions. Conditions may be made for donation in lieu of direct provisions for

20-38

improvements or amenities;

20-39

     (2) Establishing a system for transfer of development rights within or between zoning

20-40

districts designated in the zoning ordinance; and

20-41

     (3) Regulating the development adjacent to designated scenic highways, scenic

20-42

waterways, major thoroughfares, public greenspaces, or other areas of special public investment

20-43

or valuable natural resources.

20-44

     (c) A zoning ordinance shall permit one or more types of non-conventional residential

20-45

subdivision of land or land development project options, which may include conservation

20-46

development.

20-47

     (d) Within a minimum lot size as established by the particular municipality, a zoning

20-48

ordinance shall not require any lot to have more than forty thousand (40,000) square feet of

20-49

contiguous area that is free of environmental and physical constraints to development as defined

20-50

in sections 45-23-32 (12) and (31). However, in any zoning districts where a minimum lot area is

20-51

equal to or greater than eighty thousand (80,000) square feet, no more than half of that minimum

20-52

required lot area must be contiguous and free of environmental and physical constraints as

20-53

defined in sections 45-23-32(12) and (31). Notwithstanding the above, no city or town shall be

20-54

required to exclude an area or areas with physical and/or environmental constraints in

20-55

determining buildable lot area.

20-56

     (e) Slope of land shall not be deemed a physical constraint to development when

20-57

determining development potential and shall not be excluded from the calculation of buildable lot

20-58

area or the calculation of the number of buildable lots or units.

20-59

     SECTION 1. This act shall take effect upon passage.

=======

LC01858

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TOWNS AND CITIES

***

21-1

     This act would establish the zoning parameters with respect to required lot area that must

21-2

be contiguous and free at environmental and physical constraints to development. This act would

21-3

further provide that a municipality shall be required to exclude an area with physical and/or

21-4

environmental constraints in determining buildable lot area.

21-5

     This act would take effect upon passage.

=======

LC01858

=======