2013 -- S 0544

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LC01000

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO TOWNS AND CITIES -- SUBDIVISION OF LAND

     Introduced By: Senator Michael J. McCaffrey

     Date Introduced: February 28, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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

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entitled "Subdivision of Land" are hereby amended to read as follows:

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

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

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

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

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

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

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

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following meanings:

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

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

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

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

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45-23-55.

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

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

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subdivision only involves divisions, mergers, mergers and division, or adjustments of boundaries

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of existing lots.

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

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

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

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23-57.

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      (4) Bond. - See improvement guarantee.

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

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

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

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and local regulations. See section 45-23-60(4).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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See section 45-23-47.

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

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development plan review, historic district, official map, flood plain regulation, soil erosion

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control or any other governmental regulation of the use and development of land.

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      (11) Division of land. - A subdivision.

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

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

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

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

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

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section 45-23-43.

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

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

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

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

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

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

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improvement guarantees, and collect fees.

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

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is affixed to, real estate.

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

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

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

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completed in compliance with the approved plans and specifications of a development. See

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section 45-23-46.

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

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

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

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subdivision review regulations and all related ordinances and rules properly adopted pursuant to

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this chapter.

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

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

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specific period of time. See improvement guarantee.

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

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minor land development plan.

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

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subdivision or a minor subdivision.

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

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

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

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

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

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

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

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major land development plans.

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

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

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in this chapter.

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

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

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

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

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

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

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

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land use.

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

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

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

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

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

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site, or would require extraordinary construction methods. See also environmental constraints.

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

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

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

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

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information as specified in the local regulations.

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

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

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

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

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

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section 45-23-41.

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

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

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

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responsibility for maintenance and operation upon municipal acceptance.

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

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

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

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

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

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

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a subdivision.

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      (39) Slope of land. - The grade, pitch, rise or incline of the topographic landform or

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surface of the ground.

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

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

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

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

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passage or travel by motor vehicles. Streets are further classified by the functions they perform.

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See street classification.

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

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

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permitted for that lot.

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

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

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street.

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

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

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

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

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

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authority having jurisdiction over the highway.

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

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

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definition does not apply to driveways.

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

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

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development, which may provide for utility connections.

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

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

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

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

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categories:

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

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

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

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

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

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

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

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

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

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

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

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

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

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means is considered a subdivision. All re-subdivision activity is considered a subdivision. The

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division of property for purposes of financing constitutes a subdivision.

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

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

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with respect to approval of land development and subdivision applications.

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

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during construction of a development project and prior to release of the improvement guarantee,

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but not intended to be permanent.

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

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

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

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

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

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

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requirements for subdivisions and land the development projects which are to be reviewed and

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approved pursuant to the regulations. Regulations shall specify all requirements and policies for

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subdivisions and land development projects which are not contained in the municipality's zoning

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ordinance; provided, however, that the regulations shall be consistent with the substantive

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requirements of the zoning ordinance, including, but not limited to, lot size and development

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density.

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     (b) Nothing in this section shall be construed to restrict a municipality's right, within state

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and local regulations, to establish its own minimum lot size per zoning district in its town or city.

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     (c) The slope of land shall not be excluded from the calculation of the buildable lot area

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or the minimum lot size, or in the calculation of the number of buildable lots or units.

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

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

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

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

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features of the surrounding neighborhood.

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

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

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

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regulations.

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     SECTION 2. Sections 45-24-31 and 45-24-33 of the General Laws in Chapter 45-24

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entitled "Zoning Ordinances" are hereby amended to read as follows:

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

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

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

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

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controlling in all local ordinances created under this chapter:

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

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with no intervening land.

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

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

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

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occupied, and which meets the following provisions:

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

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

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

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

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

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

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principal structure remains that of a one-family residence.

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

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

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

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principal use to which it is related.

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

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

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

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ordinance of a city or town; or

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      (ii) Anyone requiring notice pursuant to this chapter.

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

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

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

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

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

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

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approval, or permitting purposes.

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

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

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of-way.

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

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occupancy.

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

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

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

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

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

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spires, chimneys, flag poles, and the like.

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

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

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

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

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

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

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

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permitted under conventional development except where ordinance provisions include incentive

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bonuses for certain types or conditions of development.

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      (14) Common Ownership. - Either:

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

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or more contiguous lots; or

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

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more lots under specific development techniques.

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

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

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

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following:

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

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

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

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

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

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

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

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72.1 of title 42;

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

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

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

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

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

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

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

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

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

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compliance.

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

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care home.

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

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

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

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eight (8) individuals receiving day care.

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

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

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

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

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

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

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the stated purposes and standards of the ordinance.

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      (22) District. - See "zoning use district".

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

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

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

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

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

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

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

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

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

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

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

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

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also "Household".

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

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

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requirements, is approved.

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

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      (29) Groundwater. - "Groundwater" and associated terms, as defined in section 46-13.1-

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3.

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

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

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a functional member of society.

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

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

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

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

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

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

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

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

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

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the following:

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

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

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

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

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

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specified in local ordinances.

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

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industrial, institutional, and other activities.

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

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

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

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development for residential, commercial, institutional, recreational, open space, and/or mixed

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uses as may be provided for in the zoning ordinance.

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      (38) Lot. - Either:

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

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dimensional regulations; or

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

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

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purposes of transfer of title.

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

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

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     (40) Lot Area, Minimum. - The smallest land area established by the local zoning

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ordinance upon which a use, building or structure may be located in a particular zoning district.

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

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buildings and accessory buildings.

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

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

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

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

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requirements.

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

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

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

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

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street, for example, corner and through lots;

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

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

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

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

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

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     (45) Lot Size, Minimum. - Shall have the same meaning as lot area defined herein.

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

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

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

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

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setback line.

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

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

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tract.

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

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

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

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

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

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

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

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

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(2) types:

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

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

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

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by use; or

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

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

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

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

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

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

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area per dwelling unit regulations, is nonconforming by dimension.

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

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superimposed on one or more districts or parts of districts. The standards and requirements

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associated with an overlay district may be more or less restrictive than those in the underlying

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districts consistent with other applicable state and federal laws.

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

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

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

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zoning district.

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

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45-24-31(37), and developed according to plan as a single entity and containing one or more

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structures and/or uses with appurtenant common areas.

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      (54)(56) Plant Agriculture. - The growing of plants for food or fiber, to sell or consume.

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      (55)(57) Preapplication Conference. - A review meeting of a proposed development held

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

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

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      (56)(58) Setback Line or Lines. - A line or lines parallel to a lot line at the minimum

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

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

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     (59) Slope of Land. - The grade, pitch, rise or incline of the topographic landform or

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surface of the ground.

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      (57)(60) Site Plan. - The development plan for one or more lots on which is shown the

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existing and/or the proposed conditions of the lot.

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

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

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referred to as a special exception.

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      (59)(62) Structure. - A combination of materials to form a construction for use,

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

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      (60)(63) Substandard Lot of Record. - Any lot lawfully existing at the time of adoption

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

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provisions of that ordinance.

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      (61)(64) Use. - The purpose or activity for which land or buildings are designed,

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

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      (62)(65) Variance. - Permission to depart from the literal requirements of a zoning

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

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

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

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

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

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

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zoning ordinance.

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

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

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

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

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

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the relief is granted are not grounds for relief.

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      (63)(66) Waters. - As defined in section 46-12-1(23).

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      (64)(67) Wetland, Coastal. - As defined in section 45-22.2-4.

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      (65)(68) Wetland, Freshwater. - As defined in section 2-1-20.

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      (66)(69) Zoning Certificate. - A document signed by the zoning enforcement officer, as

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

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

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is an authorized variance or modification therefrom.

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      (67)(70) Zoning Map. - The map or maps which are a part of the zoning ordinance and

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

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city or town.

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      (68)(71) Zoning Ordinance. - An ordinance enacted by the legislative body of the city or

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

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

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

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

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

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      (69)(72) Zoning Use District. - The basic unit in zoning, either mapped or unmapped, to

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

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

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

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combined.

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

15-8

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

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following general provisions which are numbered for reference purposes only:

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

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

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the nature and extent of their use;

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

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

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

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

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

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

15-19

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

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

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

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

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development areas;

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      (iii) The density and intensity of use;

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

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

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

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circulator systems;

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      (vii) Landscaping, fencing, and lighting;

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

15-31

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

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

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

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hazard areas and designated significant natural areas;

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

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development;

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

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

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watershed;

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

16-7

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

16-8

and maintaining a safe level of service of the system;

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

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city or town;

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

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

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

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

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residences;

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

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

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

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

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

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removal and requiring restoration of land after these activities;

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

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

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outdoor advertising devices;

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

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

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chapter;

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

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

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

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

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

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

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

17-1

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

17-2

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

17-3

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

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      (22) Reducing unnecessary delay in approving or disapproving development

17-5

applications, through provisions for preapplication conferences and other means.

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

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

17-8

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

17-9

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

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

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

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

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

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prohibited, or permitted by special use permit;

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      (ii) Specifying requirements for adequate traffic circulation; and

17-16

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

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safety and access for those with disabilities.

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

17-19

      (1) Authorizing development incentives, including, but not limited to, additional

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permitting uses, increased development and density or additional design or dimensional flexibility

17-21

in exchange for known as incentive zoning, for purposes of providing increases in the permitted

17-22

use or dimension as a condition for, but not limited to:

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      (i) Increased open space;

17-24

      (ii) Increased housing choices;

17-25

      (iii) Traffic and pedestrian improvements;

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

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

17-28

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

17-29

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

17-30

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

17-31

amenities;

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

17-33

districts designated in the zoning ordinance; and

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

18-35

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

18-36

or valuable natural resources.

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     (c) Slope of land shall not be excluded from the calculation of the buildable lot area or

18-38

the minimum lot size, or in the calculation of the number of buildable lots or units.

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     (d) Nothing in this section shall be construed to restrict a municipality's right, within state

18-40

and local regulations, to establish its own minimum lot size per zoning district in its town or city.

18-41

     SECTION 3. This act shall take effect on January 1, 2014.

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LC01000

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TOWNS AND CITIES -- SUBDIVISION OF LAND

***

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     This act would provide for the addition of certain definitions relative to "slope of land"

19-2

within the chapters dealing with zoning and subdivision of land.

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     This act would take effect on January 1, 2014.

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LC01000

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