2016 -- H 7456

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LC004296

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO TOWNS AND CITIES - ZONING ORDINANCES

     Introduced By: Representatives Winfield, Marshall, Williams, Costantino, and Craven

     Date Introduced: February 04, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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

Ordinances" is hereby amended to read as follows:

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

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

zoning use districts of the municipality.

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

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

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

      (1) Households;

      (2) Community residences; and

      (3) Family day care homes.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

accommodation only for family members with disabilities or who are sixty-two (62) years of age

or older. The appearance of the structure shall remain that of a single-family residence and there

shall be an internal means of egress between the principal unit and the accessory family dwelling

unit. If possible, no additional exterior entrances should be added. Where additional entrance is

required, placement should generally be in the rear or side of the structure. When the structure is

serviced by an individual sewage disposal system, the applicant shall have the existing or any

new system approved by the department of environmental management. The zoning enforcement

officer shall require that a declaration of the accessory family dwelling unit for the family

member or members and its restrictions be recorded in the land evidence records and filed with

the zoning enforcement officer and the building official. Once the family member or members

with disabilities or who are sixty-two (62) years of age or older, no longer resides in the premises

on a permanent basis, or the title is transferred, the property owner shall notify the zoning official

in writing, and the accessory family dwelling unit shall no longer be permitted, unless there is a

subsequent, valid application.

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

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

substantially limits one or more major life activities, as defined in § 34-37-3 §42-87-1(7) of the

general laws.

      (g) Notwithstanding any other provisions of this chapter, plant agriculture is a permitted

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

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

habitat.

     SECTION 2. This act shall take effect on January 1, 2017.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES - ZONING ORDINANCES

***

     This act would allow an accessory family dwelling unit in an owner-occupied single

family residence to be permitted as a reasonable accommodation for family members who are

sixty-two (62) years of age or older.

     This act would take effect on January 1, 2017.

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