2020 -- S 2468

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LC003861

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO TOWNS AND CITIES - ZONING ORDINANCES

     Introduced By: Senators Seveney, DiPalma, Coyne, and Euer

     Date Introduced: February 13, 2020

     Referred To: Senate Housing & Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 45-24-37 and 45-24-42 of the General Laws in Chapter 45-24

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

     45-24-37. General provisions -- Permitted uses.

(a) The zoning ordinance shall provide a listing of all land uses and/or performance standards for

uses that are permitted within the zoning use districts of the municipality. The ordinance may

provide for a procedure under which a proposed land use that is not specifically listed may be

presented by the property owner to the zoning board of review or to a local official or agency

charged with administration and enforcement of the ordinance for an evaluation and

determination of whether the proposed use is of a similar type, character and intensity as a listed

permitted use. Upon such determination, the proposed use may be considered to be a permitted

use.

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

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

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

     (1) Households;

     (2) Community residences; 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 for family members with disabilities or who are sixty-two (62) years of age or

older, or to accommodate other family members. 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 members with disabilities or who are sixty-two (62) years of

age or older, or any other family member, no longer reside(s) 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 that

substantially limits one or more major life activities, as defined in § 42-87-1(7).

     (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.

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     45-24-42. General provisions -- Special-use permits.

     (a) A zoning ordinance shall provide for the issuance of special-use permits approved by

the zoning board of review, or, where unified development review is enabled pursuant to § 45-24-

46.4, the planning board or commission.

     (b) The ordinance shall:

     (1) Specify the uses requiring special-use permits in each district; the ordinance may

provide for a procedure under which a proposed land use that is not specifically listed may be

presented by the property owner to the zoning board of review or to a local official or agency

charged with administration and enforcement of the ordinance for an evaluation and

determination of whether the proposed use is of a similar type, character and intensity as a listed

use requiring a special-use permit. Upon such determination, the proposed use may be considered

to be a use requiring a special-use permit;

     (2) Describe the conditions and procedures under which special-use permits, of each or

the various categories of special-use permits established in the zoning ordinance, may be issued;

     (3) Establish criteria for the issuance of each category of special-use permit that shall be

in conformance with the purposes and intent of the comprehensive plan and the zoning ordinance

of the city or town;

     (4) Provide for public hearings and notification of the date, time, place, and purpose of

those hearings to interested parties. Special-use permit requests submitted under a zoning

ordinance's unified development review provisions shall be heard and noticed in conjunction with

the subdivision or land-development application, according to the requirements of § 45-23-50.1.

Public notice for special-use permits that are not submitted under a zoning ordinance's unified

development review provisions shall be given at least fourteen (14) days prior to the date of the

hearing in a newspaper of general circulation in the city or town. Notice of hearing shall be sent

by first-class mail to the applicant, and to all those who would require notice under § 45-24-53.

The notice shall also include the street address of the subject property. A zoning ordinance may

require that a supplemental notice, that an application for a special-use permit is under

consideration, be posted at the location in question. The posting is for information purposes only

and does not constitute required notice of a public hearing. The cost of notification shall be borne

by the applicant;

     (5) Provide for the recording of findings of fact and written decisions; and

     (6) Provide that appeals may be taken pursuant to §§ 45-24-70 or 45-23-66, dependent on

the board to which application was made.

     (c) The ordinance additionally may provide that an applicant may apply for, and be

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issued, a dimensional variance in conjunction with a special-use permit. If the special use could

not exist without the dimensional variance, the zoning board of review, or, where unified

development review is enabled pursuant to § 45-24-46.4(b), the planning board or commission

shall consider the special-use permit and the dimensional variance together to determine if

granting the special use is appropriate based on both the special use criteria and the dimensional

variance evidentiary standards.

     SECTION 2. This act shall take effect upon passage.

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LC003861

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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 provide a procedure for homeowners to submit for review by a municipal

official for a proposed land use not specifically listed under local ordinances or whether it

requires a special-use permit.

     This act would take effect upon passage.

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LC003861

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