2012 -- S 2442

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LC01598

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO TOWNS AND CITIES - ZONING ORDINANCES

     Introduced By: Senators Sosnowski, Walaska, Felag, McCaffrey, and Bates

     Date Introduced: February 16, 2012

     Referred To: Senate Environment & Agriculture

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 45-24-37 of the General Laws in Chapter 45-24 entitled "Zoning

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Ordinances" is hereby amended to read as follows:

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     45-24-37. General provisions -- Permitted uses. -- (a) The zoning ordinance provides a

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listing of all land uses and/or performance standards for uses which are permitted within the

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zoning use districts of the municipality.

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      (b) Notwithstanding any other provision of this chapter, the following uses are permitted

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uses within all residential zoning use districts of a municipality and all industrial and commercial

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zoning use districts except where residential use is prohibited for public health or safety reasons:

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      (1) Households;

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      (2) Community residences;

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      (3) Family day care homes; and

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      (4) Plant agriculture, being defined herein as the growing of plants, both food and fiber,

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to sell and/or consume.

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      (c) Any time a building or other structure used for residential purposes, or a portion of a

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building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire

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or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured

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home or homes, as the need may be, elsewhere upon the land, for use and occupancy of the

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former occupants for a period of up to twelve (12) months, or until the building or structure is

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rehabilitated and otherwise made fit for occupancy. The property owner, or a properly designated

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agent of the owner, is only allowed to cause the mobile and manufactured home or homes to

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remain temporarily upon the land by making timely application to the local building official for

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the purposes of obtaining the necessary permits to repair or rebuild the structure.

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      (d) Notwithstanding any other provision of this chapter, appropriate access for people

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with disabilities to residential structures is allowed as a reasonable accommodation for any

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person(s) residing, or intending to reside, in the residential structure.

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      (e) Notwithstanding any other provision of this chapter, an accessory family dwelling

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unit in an owner-occupied, single-family residence shall be permitted as a reasonable

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accommodation only for family members with disabilities. The appearance of the structure shall

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remain that of a single-family residence and there shall be an internal means of egress between

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the principal unit and the accessory family dwelling unit. If possible, no additional exterior

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entrances should be added. Where additional entrance is required, placement should generally be

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in the rear or side of the structure. When the structure is serviced by an individual sewage

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disposal system, the applicant shall have the existing or any new system approved by the

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department of environmental management. The zoning enforcement officer shall require that a

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declaration of the accessory family dwelling unit for the family member or members and its

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restrictions be recorded in the land evidence records and filed with the zoning enforcement officer

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and the building official. Once the family member or members with disabilities no longer resides

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in the premises on a permanent basis, or the title is transferred, the property owner shall notify the

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zoning official in writing, and the accessory family dwelling unit shall no longer be permitted,

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unless there is a subsequent, valid application.

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      (f) When used in this section the terms "people with disabilities" or "member or

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members with disabilities" means a person(s) who has a physical or mental impairment which

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substantially limits one or more major life activities, as defined in section 34-37-3 of the general

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laws.

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      (g) Notwithstanding any other provisions of this chapter, plant agriculture, being defined

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as the growing of plants for both food and fiber, to sell and/or consume, is a permitted use within

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all residential use districts of a municipality, including all industrial and commercial zoning

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districts, except where prohibited for public health or safety reasons or the protection of wildlife

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habitat, consistent with the "Rhode Island Right to Farm Act", chapter 2-23, including the

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provisions that this chapter does not apply to agricultural operations conducted in a malicious or

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negligent manner, and the director of the department of environmental management, in

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consultation with the chief of the division of agriculture, shall determine what is agriculture, or an

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agricultural activity use or operation.

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     (h) Notwithstanding any other specific or general provisions of this chapter or the general

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laws, plant agriculture, being defined as the growing of plants for both food and fiber, to sell

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and/or consume, is a permitted use within all lands subject to the jurisdiction of chapter 46-23, the

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Rhode Island coastal resources management council and such use shall be subject to the

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jurisdiction and enforcement of the department of environmental management.

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     SECTION 2. This act shall take effect upon passage.

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LC01598

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TOWNS AND CITIES - ZONING ORDINANCES

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     This act would make plant agriculture a permitted use within all lands subject to the

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jurisdiction of the Rhode Island Coastal Resources Management Council and grants to the

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department of environmental management jurisdiction and enforcement of such use.

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     This act would take effect upon passage.

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LC01598

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