2020 -- S 2668 | |
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LC003286 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
____________ | |
A N A C T | |
RELATING TO TOWNS AND CITIES - ZONING ORDINANCES-NEIGHBORHOOD | |
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Introduced By: Senators Bell, Quezada, Murray, Nesselbush, and Crowley | |
Date Introduced: February 27, 2020 | |
Referred To: Senate Housing & Municipal Government | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 45-24-30, 45-24-31, 45-24-33, 45-24-34, 45-24-36, 45-24-37, 45- |
2 | 24-39, 45-24-40, 45-24-42, 45-24-43, 45-24-44, 45-24-46.1, 45-24-46.2, 45-24-46.3, 45-24-46.4, |
3 | 45-24-47, 45-24-48, 45-24-57, 45-24-58 and 45-24-61 of the General Laws in Chapter 45-24 |
4 | entitled "Zoning Ordinances" are hereby amended to read as follows: |
5 | 45-24-30. General purposes of zoning ordinances. |
6 | (a) Zoning regulations shall be developed and maintained in accordance with a |
7 | comprehensive plan prepared, adopted, and as may be amended, in accordance with chapter 22.2 |
8 | of this title and shall be designed to address the following purposes. The general assembly |
9 | recognizes these purposes, each with equal priority and numbered for reference purposes only. |
10 | (1) Respecting the right of housing for every Rhode Islander in any city or town, |
11 | regardless of their income. |
12 | (1)(2) Promoting the public health, safety, and general welfare. |
13 | (2)(3) Providing for a range of uses and intensities of use appropriate to the character of |
14 | the city or town and reflecting current and expected future needs. |
15 | (4) Promoting smart growth: redevelopment of previously developed land and |
16 | preservation of undeveloped land. |
17 | (3)(5) Providing for orderly growth and, development, and redevelopment that |
18 | recognizes: |
19 | (i) The goals and patterns of land use contained in the comprehensive plan of the city or |
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1 | town adopted pursuant to chapter 22.2 of this title; |
2 | (ii) The natural characteristics of the land, including its suitability for use based on soil |
3 | characteristics, topography, and susceptibility to surface or groundwater pollution; |
4 | (iii) The values and dynamic nature of coastal and freshwater ponds, the shoreline, and |
5 | freshwater and coastal wetlands; |
6 | (iv) The values of unique or valuable natural resources and features; |
7 | (v) The availability and capacity of existing and planned public and/or private services |
8 | and facilities, specifically public and civic spaces, transportation, water, storm water management |
9 | systems, sewage treatment and disposal, solid waste treatment and disposal, schools, recreation, |
10 | public facilities, open space, and other public requirements; |
11 | (vi) The need to shape and balance urban and rural development; and |
12 | (vii) The use of innovative development and redevelopment regulations and techniques. |
13 | (4)(6) Providing for the control, protection, and/or abatement of air, water, groundwater, |
14 | and noise pollution, and soil erosion and sedimentation. |
15 | (5)(7) Providing for the protection of the natural, historic, cultural, and scenic character |
16 | characteristics of the city or town or areas in the municipality. |
17 | (6)(8) Providing for the preservation and promotion of agricultural production, forest, |
18 | silviculture, aquaculture, timber resources, public and civic spaces, and open space. |
19 | (7)(9) Providing for the protection of public investment in transportation, public and civic |
20 | spaces, water, stormwater management systems, sewage treatment and disposal, solid waste |
21 | treatment and disposal, schools, recreation, public facilities, open space, and other public |
22 | requirements. |
23 | (8)(10) Promoting a balance of housing choices, for all income levels and groups, to |
24 | assure the health, safety and welfare of all citizens and their rights to affordable, accessible, safe, |
25 | and sanitary housing. |
26 | (9)(11) Providing opportunities for the establishment of low- and moderate-income |
27 | housing. |
28 | (10)(12) Promoting safety from fire, flood, and other natural or unnatural disasters |
29 | wildfire. |
30 | (11)(13) Promoting a high level of quality in design and construction in the development |
31 | and redevelopment of private and public facilities. |
32 | (12)(14) Promoting implementation of the comprehensive plan of the city or town |
33 | adopted pursuant to chapter 22.2 of this title. |
34 | (13)(15) Providing for coordination of land uses with contiguous municipalities, other |
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1 | municipalities, the state, and other agencies, as appropriate, especially with regard to resources |
2 | and facilities that extend beyond municipal boundaries or have a direct impact on that |
3 | municipality. |
4 | (14)(16) Providing for efficient review of development and redevelopment proposals, to |
5 | clarify and expedite the zoning approval process. |
6 | (15)(17) Providing for procedures for the administration of the zoning ordinance, |
7 | including, but not limited to, variances, special and special-use permits, and, where adopted, |
8 | procedures for modifications. |
9 | (16)(18) Providing opportunities for reasonable accommodations in order to comply with |
10 | the Rhode Island Fair Housing Practices Act, chapter 37 of title 34; the United States Fair |
11 | Housing Amendments Act of 1988 (FHAA); the Rhode Island Civil Rights of Persons with |
12 | Disabilities Act, chapter 87 of title 42; and the Americans with Disabilities Act of 1990 (ADA), |
13 | 42 U.S.C. § 12101 et seq. |
14 | Provided, however, that any zoning ordinance in which a community sets forth standards |
15 | or requirements for the location, design, construction, or maintenance of on-site wastewater |
16 | treatment systems shall first be submitted to the director of the department of environmental |
17 | management for approval as to the technical merits of the ordinance. In addition, any zoning |
18 | ordinance in which a municipality sets forth standards regarding wetland requirements, shall first |
19 | be submitted to the director of the department of environmental management for approval as to |
20 | the technical merits of the ordinance. |
21 | (b) Upon the effective date of this section, a city or town shall no longer be authorized to |
22 | adopt as a provision of its zoning ordinance new requirements that specify buffers or setbacks in |
23 | relation to freshwater wetland, freshwater wetland in the vicinity of the coast, or coastal wetland |
24 | or that specify setback distances between an onsite wastewater treatment system and a freshwater |
25 | wetlands, freshwater wetland in the vicinity of the coast, or coastal wetland. |
26 | (c) Upon promulgation of state regulations to designate wetland buffers and setbacks |
27 | pursuant to §§ 2-1-18 through 2-1-28, cities and towns shall be prohibited from applying the |
28 | requirements in existing zoning ordinances pertaining to both wetland buffers and onsite |
29 | wastewater treatment system setbacks to development applications submitted to a municipality |
30 | after the effective date of said state regulations. All applications for development that were |
31 | submitted to a municipality prior to the effective date of state regulations designating wetland |
32 | buffers and setbacks, will remain subject to, as applicable, the zoning provisions pertaining to |
33 | wetland buffers or setbacks for onsite wastewater treatment systems that were in effect at the time |
34 | the application was originally filed or granted approval, subject to the discretion of the |
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1 | municipality to waive such requirements. Nothing herein shall rescind the authority of a city or |
2 | town to enforce local zoning requirements. |
3 | (d) Cities and towns shall act to amend their ordinances and regulations to conform to |
4 | this section within twelve (12) months of the effective date of state regulations referenced herein. |
5 | 45-24-31. Definitions. |
6 | Where words or terms used in this chapter are defined in § 45-22.2-4 or 45-23-32, they |
7 | have the meanings stated in that section. In addition, the following words have the following |
8 | meanings. Additional words and phrases may be used in developing local ordinances under this |
9 | chapter; however, the words and phrases defined in this section are controlling in all local |
10 | ordinances created under this chapter: |
11 | (1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point |
12 | with no intervening land. |
13 | (2) Accessory dwelling unit. A dwelling unit: (i) Rented to and occupied either by one or |
14 | more members of the family of the occupant or occupants of the principal residence; or (ii) |
15 | Reserved for rental occupancy by a person or a family where the principal residence is owner |
16 | occupied and that meets the following provisions: |
17 | (A) In zoning districts that allow residential uses, no more than one accessory dwelling |
18 | unit may be an accessory to a single-family dwelling. |
19 | (B) An accessory dwelling unit shall include separate cooking and sanitary facilities, with |
20 | its own legal means of ingress and egress, and is a complete, separate dwelling unit. The |
21 | accessory dwelling unit shall be within, or attached to, the principal dwelling-unit structure or |
22 | within an existing structure, such as a garage or barn, and designed so that the appearance of the |
23 | principal structure remains that of a one-family residence. |
24 | (3) Accessory use. A use of land or of a building, or portion thereof, customarily |
25 | incidental and subordinate to the principal use of the land or building. An accessory use may be |
26 | restricted to the same lot as the principal use. An accessory use shall not be permitted without the |
27 | principal use to which it is related. |
28 | (4) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be: |
29 | (i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her, |
30 | or its property will be injured by a decision of any officer or agency responsible for administering |
31 | the zoning ordinance of a city or town; or |
32 | (ii) Anyone requiring notice pursuant to this chapter. |
33 | (5) Agricultural land. "Agricultural land," as defined in § 45-22.2-4. |
34 | (6) Airport hazard area. "Airport hazard area," as defined in § 1-3-2. |
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1 | (7) Applicant. An owner, or authorized agent of the owner, submitting an application or |
2 | appealing an action of any official, board, or agency. |
3 | (8) Application. The completed form, or forms, and all accompanying documents, |
4 | exhibits, and fees required of an applicant by an approving authority for development review, |
5 | approval, or permitting purposes. |
6 | (9) Architectural form. The shape or configuration of a building. Form and its opposite, |
7 | space, constitute primary elements of architecture. The form of a group of buildings, such as part |
8 | of a street wall, may include several buildings on separate lots owned by separate owners. |
9 | (10) Architectural wall. The vertical plane created by a series of architectural forms. See |
10 | also "street wall." |
11 | (9)(11) Buffer. Land that is maintained in either a natural or landscaped state, and is used |
12 | to screen or mitigate the impacts of development on surrounding areas, properties, or rights-of- |
13 | way. |
14 | (10)(12) Building. Any structure used or intended for supporting or sheltering any use or |
15 | occupancy. |
16 | (11)(13) Building envelope. The three-dimensional space within which a structure is |
17 | permitted to be built on a lot and that is defined by regulations governing building setbacks, |
18 | maximum height, and bulk; by other regulations; or by any combination thereof. |
19 | (12)(14) Building height. For a vacant parcel of land, building height shall be measured |
20 | from the average, existing-grade elevation where the foundation of the structure is proposed. For |
21 | an existing structure, building height shall be measured from average grade taken from the |
22 | outermost four (4) corners of the existing foundation. In all cases, building height shall be |
23 | measured to the top of the highest point of the existing or proposed roof or structure. This |
24 | distance shall exclude spires, chimneys, flag poles, and the like. For any property or structure |
25 | located in a special flood hazard area, as shown on the official FEMA Flood Insurance Rate Maps |
26 | (FIRMs), or depicted on the Rhode Island coastal resources management council (CRMC) |
27 | suggested design elevation three foot (3') sea level rise (CRMC SDE 3 SLR) map as being |
28 | inundated during a one-hundred-year (100) storm, the greater of the following amounts, |
29 | expressed in feet, shall be excluded from the building height calculation: |
30 | (i) The base flood elevation on the FEMA FIRM plus up to five feet (5') of any utilized or |
31 | proposed freeboard, less the average existing grade elevation; or |
32 | (ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a |
33 | one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate |
34 | the appropriate suggested design elevation map for the exclusion every ten (10) years, or as |
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1 | otherwise necessary. |
2 | (15) Civic Space. See "public and civic space". |
3 | (13)(16) Cluster. A site-planning technique that concentrates buildings in specific areas |
4 | on the site to allow the remaining land to be used for public and civic space, recreation, common |
5 | open space, and/or preservation of environmentally, historically, culturally, or other sensitive |
6 | features and/or structures. The techniques used to concentrate buildings shall be specified in the |
7 | ordinance and may include, but are not limited to, reduction in lot areas, setback requirements, |
8 | and/or bulk requirements, with the resultant open land being devoted by deed restrictions for one |
9 | or more uses. Under cluster development, there is no increase in the number of lots that would be |
10 | permitted under conventional development except where ordinance provisions include incentive |
11 | bonuses for certain types or conditions of development. |
12 | (14)(17) Common ownership. Either: |
13 | (i) Ownership by one or more individuals or entities in any form of ownership of two (2) |
14 | or more contiguous lots; or |
15 | (ii) Ownership by any association (ownership may also include a municipality) of one or |
16 | more lots under specific development techniques. |
17 | (15)(18) Community residence. A home or residential facility where children and/or |
18 | adults reside in a family setting and may or may not receive supervised care. This does not |
19 | include halfway houses or substance-use-disorder-treatment facilities. This does include, but is |
20 | not limited to, the following: |
21 | (i) Whenever six (6) or fewer children or adults with intellectual and/or developmental |
22 | disability reside in any type of residence in the community, as licensed by the state pursuant to |
23 | chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these |
24 | community residences; |
25 | (ii) A group home providing care or supervision, or both, to not more than eight (8) |
26 | persons with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1; |
27 | (iii) A residence for children providing care or supervision, or both, to not more than |
28 | eight (8) children, including those of the caregiver, and licensed by the state pursuant to chapter |
29 | 72.1 of title 42; |
30 | (iv) A community transitional residence providing care or assistance, or both, to no more |
31 | than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) |
32 | persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, |
33 | abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days |
34 | nor more than two (2) years. Residents will have access to, and use of, all common areas, |
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1 | including eating areas and living rooms, and will receive appropriate social services for the |
2 | purpose of fostering independence, self-sufficiency, and eventual transition to a permanent living |
3 | situation. |
4 | (16)(19) Comprehensive plan. The comprehensive plan adopted and approved pursuant to |
5 | chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in |
6 | compliance. |
7 | (17)(20) Day care -- Day-care center. Any other day-care center that is not a family day- |
8 | care home. |
9 | (18)(21) Day care -- Family day-care home. Any home, other than the individual's home, |
10 | in which day care in lieu of parental care or supervision is offered at the same time to six (6) or |
11 | less individuals who are not relatives of the caregiver, but may not contain more than a total of |
12 | eight (8) individuals receiving day care. |
13 | (19)(22) Density, residential. The number of dwelling units per unit of land. |
14 | (20)(23) Development. The construction, reconstruction, conversion, facade redesign, |
15 | structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, |
16 | or land disturbance; or any change in use, or alteration or extension of the use, of land. |
17 | (21)(24) Development plan review. The process whereby authorized, local officials |
18 | review the site plans, maps, and other documentation of a development to determine the |
19 | compliance with the stated purposes and standards of the ordinance. |
20 | (22)(25) District. See "zoning-use and form district." |
21 | (23)(26) Drainage system. A system for the removal of water from land by drains, |
22 | grading, or other appropriate means. These techniques may include runoff controls to minimize |
23 | erosion and sedimentation during and after construction or development; the means for preserving |
24 | surface and groundwaters; and the prevention and/or alleviation of flooding. |
25 | (24)(27) Dwelling unit. A structure, or portion of a structure, providing complete, |
26 | independent living facilities for one or more persons, including permanent provisions for living, |
27 | sleeping, eating, cooking, and sanitation, and containing a separate means of ingress and egress. |
28 | (25)(28) Extractive industry. The extraction of minerals, including: solids, such as coal |
29 | and ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also |
30 | includes quarrying; well operation; milling, such as crushing, screening, washing, and flotation; |
31 | and other preparation customarily done at the extraction site or as a part of the extractive activity. |
32 | (26)(29) Family member. A person, or persons, related by blood, marriage, or other legal |
33 | means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, |
34 | grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the |
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1 | household. |
2 | (27)(30) Floating zone. An unmapped zoning district adopted within the ordinance that is |
3 | established on the zoning map only when an application for development, meeting the zone |
4 | requirements, is approved. |
5 | (28)(31) Floodplains, or Flood hazard area. As defined in § 45-22.2-4. |
6 | (32) Form. See "architectural form." |
7 | (29)(33) Freeboard. A factor of safety expressed in feet above the base flood elevation of |
8 | a flood hazard area for purposes of floodplain management. Freeboard compensates for the many |
9 | unknown factors that could contribute to flood heights, such as wave action, bridge openings, and |
10 | the hydrological effect of urbanization of the watershed. |
11 | (30)(34) Groundwater. "Groundwater" and associated terms, as defined in § 46-13.1-3. |
12 | (31)(35) Halfway house. A residential facility for adults or children who have been |
13 | institutionalized for criminal conduct and who require a group setting to facilitate the transition to |
14 | a functional member of society. |
15 | (32)(36) Hardship. See § 45-24-41. |
16 | (33)(37) Historic district or historic site. As defined in § 45-22.2-4. |
17 | (34)(38) Home occupation. Any activity customarily carried out for gain by a resident, |
18 | conducted as an accessory use in the resident's dwelling unit. |
19 | (35)(39) Household. One or more persons living together in a single-dwelling unit, with |
20 | common access to, and common use of, all living and eating areas and all areas and facilities for |
21 | the preparation and storage of food within the dwelling unit. The term "household unit" is |
22 | synonymous with the term "dwelling unit" for determining the number of units allowed within |
23 | any structure on any lot in a zoning district. An individual household shall consist of any one of |
24 | the following: |
25 | (i) A family, which may also include servants and employees living with the family; or |
26 | (ii) A person or group of unrelated persons living together. The maximum number may |
27 | be set by local ordinance, but this maximum shall not be less than three (3). |
28 | (36)(40) Incentive zoning. The process whereby the local authority may grant additional |
29 | development capacity in exchange for the developer's provision of a public benefit or amenity as |
30 | specified in local ordinances. |
31 | (37)(41) Infrastructure. Facilities and services needed to sustain residential, commercial, |
32 | industrial, institutional, and other activities. |
33 | (38)(42) Land-development project. A project in which one or more lots, tracts, or parcels |
34 | of land are developed or redeveloped as a coordinated site for one or more uses, units, or |
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1 | structures, including, but not limited to, planned development or cluster development for |
2 | residential, commercial, institutional, recreational, open space, or mixed uses as provided in the |
3 | zoning ordinance. |
4 | (39)(43) Lot. Either: |
5 | (i) The basic development unit for determination of lot area, depth, and other dimensional |
6 | regulations; or |
7 | (ii) A parcel of land whose boundaries have been established by some legal instrument, |
8 | such as a recorded deed or recorded map, and that is recognized as a separate legal entity for |
9 | purposes of transfer of title. |
10 | (40)(44) Lot area. The total area within the boundaries of a lot, excluding any street right- |
11 | of-way, usually reported in acres or square feet. |
12 | (41)(45) Lot area, minimum. The smallest land area established by the local zoning |
13 | ordinance upon which a use, building, or structure may be located in a particular zoning district. |
14 | (42)(46) Lot building coverage. That portion of the lot that is, or may be, covered by |
15 | buildings and accessory buildings. |
16 | (43)(47) Lot depth. The distance measured from the front lot line to the rear lot line. For |
17 | lots where the front and rear lot lines are not parallel, the lot depth is an average of the depth. |
18 | (44)(48) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall |
19 | specify how noncontiguous frontage will be considered with regard to minimum frontage |
20 | requirements. |
21 | (45)(49) Lot line. A line of record, bounding a lot, that divides one lot from another lot or |
22 | from a public or private street or any other public or private space and shall include: |
23 | (i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall |
24 | specify the method to be used to determine the front lot line on lots fronting on more than one |
25 | street, for example, corner and through lots; |
26 | (ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of |
27 | triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10') in length |
28 | entirely within the lot, parallel to and at a maximum distance from, the front lot line; and |
29 | (iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line |
30 | may be a street lot line, depending on requirements of the local zoning ordinance. |
31 | (46)(50) Lot size, minimum. Shall have the same meaning as "minimum lot area" defined |
32 | herein. |
33 | (47)(51) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon |
34 | two (2) streets that do not intersect at the boundaries of the lot. |
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1 | (48)(52) Lot width. The horizontal distance between the side lines of a lot measured at |
2 | right angles to its depth along a straight line parallel to the front lot line at the minimum front |
3 | setback line. |
4 | (49)(53) Mere inconvenience. See § 45-24-41. |
5 | (50)(54) Mixed use. A mixture of land uses within a single development, building, or |
6 | tract. Also referred to as traditional development. Typically ground floor commercial with |
7 | residential above. |
8 | (51) Modification. Permission granted and administered by the zoning enforcement |
9 | officer of the city or town, and pursuant to the provisions of this chapter to grant a dimensional |
10 | variance other than lot area requirements from the zoning ordinance to a limited degree as |
11 | determined by the zoning ordinance of the city or town, but not to exceed twenty-five percent |
12 | (25%) of each of the applicable dimensional requirements. |
13 | (52)(55) Nonconformance. A building, structure, or parcel of land, or use thereof, |
14 | lawfully existing at the time of the adoption or amendment of a zoning ordinance or in existence |
15 | for at least six (6) years and not in conformity with the provisions of that ordinance or |
16 | amendment. Nonconformance is of only two (2) types: |
17 | (i) Nonconforming by use: a lawfully established use of land, building, or structure that is |
18 | not a permitted use in that zoning district. A building or structure containing more dwelling units |
19 | than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or |
20 | (ii) Nonconforming by dimension: a building, structure, or parcel of land not in |
21 | compliance with the dimensional regulations of the zoning ordinance. Dimensional regulations |
22 | include all regulations of the zoning ordinance, other than those pertaining to the permitted uses. |
23 | A building or structure containing more dwelling units than are permitted by the use regulations |
24 | of a zoning ordinance is nonconforming by use; a building or structure containing a permitted |
25 | number of dwelling units by the use regulations of the zoning ordinance, but not meeting the lot |
26 | area per dwelling unit regulations, is nonconforming by dimension. |
27 | (53)(56) Overlay district. A district established in a zoning ordinance that is |
28 | superimposed on one or more districts or parts of districts. The standards and requirements |
29 | associated with an overlay district may be more or less restrictive than those in the underlying |
30 | districts consistent with other applicable state and federal laws. |
31 | (54)(57) Performance standards. A set of criteria or limits relating to elements that a |
32 | particular use or process must either meet or may not exceed. |
33 | (55)(58) Permitted use. A use by right that is specifically authorized in a particular |
34 | zoning district. |
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1 | (56)(59) Planned development. A "land-development project," as defined in subsection |
2 | (38), and developed according to plan as a single entity and containing one or more structures or |
3 | uses with appurtenant common areas. |
4 | (57)(60) Plant agriculture. The growing of plants for food or fiber, to sell or consume. |
5 | (58)(61) Preapplication conference. A review meeting of a proposed development held |
6 | between applicants and reviewing agencies as permitted by law and municipal ordinance, before |
7 | formal submission of an application for a permit or for development approval. |
8 | (62) Public and civic space. An extension of the community, serving as a stage for our |
9 | public lives. The space enriches the lives of its users and enhances its surrounding buildings and |
10 | neighborhood. Public and civic space includes atria, boardwalks, courtyards, forecourts, |
11 | overlooks, plazas, paths, and squares. |
12 | (63) Reconstruction. The act or process of depicting, by means of new construction, the |
13 | form features, and detailing of a non-surviving site, landscape, building, structure, or object for |
14 | the purpose of replicating its appearance at a specific period of time and in its historic location. |
15 | (64) Redevelopment. Alteration to previously developed land, structures, or buildings. |
16 | May include adaptive reuse, reconstruction, conversion, facade redesign, structural alteration, |
17 | relocation, or enlargement of any structure or building. |
18 | (65) Rural. Sparsely populated and lacking in public services. Primarily open space and |
19 | agriculture with interstitial development. |
20 | (59)(66) Setback line or lines. A line, or lines, parallel to a lot line at the minimum |
21 | distance of the required setback for the zoning district in which the lot is located that establishes |
22 | the area within which the principal structure must be erected or placed. |
23 | (60)(67) Site plan. The development plan for one or more lots on which is shown the |
24 | existing and/or the proposed conditions of the lot. |
25 | (61)(68) Slope of land. The grade, pitch, rise, or incline of the topographic landform or |
26 | surface of the ground. |
27 | (62)(69) Special use permit. A regulated use or dimension that is permitted pursuant to |
28 | the special-use permit issued by the authorized governmental entity, pursuant to § 45-24-42. |
29 | Formerly referred to as a special use permit or modification, or special exception. There are only |
30 | two (2) categories of special permit, a special use permit or a special dimensional permit. |
31 | (i) Special use permit. A regulated use that is permitted pursuant to the special use permit |
32 | issued by the authorized governmental entity, pursuant to § 45-24-42. Special use permits are |
33 | typically utilized for uses that may have an outsize impact on the surrounding area, such as |
34 | schools or drive-through windows. |
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1 | (ii) Special dimensional permit. A regulated dimension that is permitted pursuant to the |
2 | special dimensional permit issued by the authorized governmental entity, pursuant to § 45-24-42. |
3 | Special dimensional permits allow the involvement of the public and the discretion of the |
4 | authorized governmental entity in allowing small deviations from a zoning ordinance. |
5 | (70) Street wall. The architectural wall on either side of a street. A street wall requires |
6 | relatively consistent setbacks, building heights, building envelopes, and landscaping to function. |
7 | (63)(71) Structure. A combination of materials to form a construction for use, occupancy, |
8 | or ornamentation, whether installed on, above, or below the surface of land or water. |
9 | (64)(72) Substandard lot of record. Any lot lawfully existing at the time of adoption or |
10 | amendment of a zoning ordinance and not in conformance with the dimensional or area |
11 | provisions of that ordinance. |
12 | (73) Urban. Densely populated with defined and balanced public and private realms, |
13 | primarily with public and civic spaces, people-centric design, continuous, coherent, and |
14 | harmonious architectural wall, extensive public services, including transportation, water, |
15 | stormwater management systems, sewage treatment and disposal, solid waste treatment and |
16 | disposal, schools, recreation, public facilities, interstitial open space and agriculture, and other |
17 | public requirements, Generally defined by the division of planning as village centers and areas |
18 | within the urban services boundary, on a map maintained by the division of planning. |
19 | (65)(74) Use. The purpose or activity for which land or buildings are designed, arranged, |
20 | or intended, or for which land or buildings are occupied or maintained. |
21 | (66)(75) Variance. Permission to depart from the literal requirements of a zoning |
22 | ordinance. An authorization for the construction or maintenance of a building or structure, or for |
23 | the establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There |
24 | are only two (2) categories of variance, a use variance or a dimensional variance. |
25 | (i) Use variance. Permission to depart from the use requirements of a zoning ordinance |
26 | where the applicant for the requested variance has shown by evidence upon the record that the |
27 | subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the |
28 | zoning ordinance. |
29 | (ii) Dimensional variance. Permission to depart from the dimensional requirements of a |
30 | zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the |
31 | record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use |
32 | of the subject property unless granted the requested relief from the dimensional regulations. |
33 | However, the fact that a use may be more profitable or that a structure may be more valuable after |
34 | the relief is granted are not grounds for relief. |
| LC003286 - Page 12 of 33 |
1 | (67)(76) Waters. As defined in § 46-12-1(23). |
2 | (68)(77) Wetland, coastal. As defined in § 45-22.2-4. |
3 | (69)(78) Wetland, freshwater. As defined in § 2-1-20. |
4 | (70)(79) Zoning certificate. A document signed by the zoning-enforcement officer, as |
5 | required in the zoning ordinance, that acknowledges that a use, structure, building, or lot either |
6 | complies with, or is legally nonconforming to, the provisions of the municipal zoning ordinance |
7 | or is an authorized variance or modification therefrom. |
8 | (71)(80) Zoning map. The map, or maps, that are a part of the zoning ordinance and that |
9 | delineate the boundaries of all mapped zoning districts within the physical boundary of the city or |
10 | town. |
11 | (72)(81) Zoning ordinance. An ordinance enacted by the legislative body of the city or |
12 | town pursuant to this chapter and in the manner providing for the adoption of ordinances in the |
13 | city or town's legislative or home rule charter, if any, that establish regulations and standards |
14 | relating to the nature and extent of uses of land and structures; that is consistent with the |
15 | comprehensive plan of the city or town as defined in chapter 22.2 of this title; that includes a |
16 | zoning map; and that complies with the provisions of this chapter. |
17 | (73)(82) Zoning-use and form district. The basic unit in zoning, either mapped or |
18 | unmapped, to which a uniform set of regulations applies, or a uniform set of regulations for a |
19 | specified use. Zoning-use and form districts include, but are not limited to: agricultural, |
20 | commercial, industrial, institutional, mixed-use, open space, and residential, as well as urban |
21 | core, urban center, general urban, inner suburban, outer suburban, exurban, and rural. Each |
22 | district may include sub-districts. Districts may be combined. |
23 | (83) Zoning use that raises pollution risk. A use that raises potential for residents and |
24 | visitors of the surrounding area to experience the negative effects of air, groundwater, |
25 | stormwater, smell, auditory, or vibrational activities associated with the primary or accessory use |
26 | of the subject property. The following uses shall be included: animal care facility, nightclub, |
27 | broadcasting facility, car wash, drive-through facility, parking facility, asphalt surfaces, freight |
28 | terminal, funeral home, gas station, golf course, plant nursery, commercial agriculture, marina, |
29 | boat construction and repair, brewery, distillery, winery, power plant, strip mall, motorized |
30 | vehicle repair, and all industrial uses, The division of planning shall have the power to establish |
31 | rules and regulations that identify additional uses that meet these criteria. |
32 | 45-24-33. Standard provisions. |
33 | (a) A zoning ordinance addresses each of the purposes stated in § 45-24-30 and |
34 | addresses, through reasonable objective standards and criteria, the following general provisions |
| LC003286 - Page 13 of 33 |
1 | which are numbered for reference purposes only except as prohibited by §§ 45-24-30(b), 45-24- |
2 | 30(c), or 45-24-30(d): |
3 | (1) Permitting, prohibiting, limiting, and restricting the development and redevelopment |
4 | of land and structures in zoning districts, and regulating those land and structures according to |
5 | their type and the nature and extent of their use; |
6 | (2) Regulating the nature and extent of the use of land for residential, commercial, |
7 | industrial, institutional, recreational, agricultural, open space, or other use or combination of uses, |
8 | as the need for land for those purposes is determined by the city or town's comprehensive plan; |
9 | (3) Permitting, prohibiting, limiting, and restricting buildings, structures, land uses, and |
10 | other development and redevelopment by performance standards, or other requirements, related |
11 | to air and water and groundwater quality, noise and glare, energy consumption, soil erosion and |
12 | sedimentation, and/or the availability and capacity of existing and planned public or private |
13 | services, specifically transportation, water, stormwater management systems, sewage treatment |
14 | and disposal, solid waste treatment and disposal, schools, recreation, public facilities, open space, |
15 | and other public requirements; |
16 | (4) Regulating within each district and designating requirements for: |
17 | (i) The height, number of stories, and size, fenestration, and proportions of buildings; |
18 | (ii) The dimensions, size, lot coverage, floor area ratios, and layout of lots or |
19 | development areas; |
20 | (iii) The density and intensity of use; |
21 | (iv) Access to air and light, views, and solar access; |
22 | (v) Open space, yards, courts, and buffers; |
23 | (vi) Parking areas, road design, and, where appropriate, pedestrian, bicycle, and other |
24 | circulator systems; |
25 | (vii) Landscaping, fencing, and lighting; |
26 | (viii) Appropriate drainage requirements and methods to manage stormwater runoff; |
27 | (ix) Public access to waterbodies, rivers, and streams; and |
28 | (x) Other requirements in connection with any use of land or structure; |
29 | (5) Permitting, prohibiting, limiting, and restricting development and redevelopment in |
30 | flood plains or flood hazard areas and designated significant natural areas; |
31 | (6) Promoting the conservation of energy and promoting energy-efficient patterns of |
32 | development and redevelopment; |
33 | (7) Providing for the protection of existing and planned public drinking water supplies, |
34 | their tributaries and watersheds, and the protection of Narragansett Bay, its tributaries and |
| LC003286 - Page 14 of 33 |
1 | watershed; |
2 | (8) Providing for adequate, safe, and efficient transportation systems; and avoiding |
3 | congestion by relating types and levels of development and redevelopment to the capacity of the |
4 | circulation system, and maintaining a safe level of service of the system; |
5 | (9) Providing for the preservation and enhancement of the recreational resources of the |
6 | city or town; |
7 | (10) Promoting an economic climate that increases quality job opportunities and the |
8 | overall economic well-being of the city or town and the state; |
9 | (11) Providing for pedestrian transportation access to and between public and private |
10 | facilities, including, but not limited to, schools, employment centers, shopping areas, recreation |
11 | areas, and residences; |
12 | (12) Providing standards for, and requiring the provision of, adequate and properly |
13 | designed physical improvements, including plantings, and the proper maintenance of property; |
14 | (13) Permitting, prohibiting, limiting, and restricting land use in areas where development |
15 | and redevelopment is deemed to create a hazard to the public health or safety; |
16 | (14) Permitting, prohibiting, limiting, and restricting extractive industries and earth |
17 | removal and requiring restoration of land after these activities; |
18 | (15) Regulating sanitary landfill, except as otherwise provided by state statute; |
19 | (16) Permitting, prohibiting, limiting, and restricting signs and billboards and other |
20 | outdoor advertising devices; |
21 | (17) Designating airport hazard areas under the provisions of chapter 3 of title 1, and |
22 | enforcement of airport hazard area zoning regulations under the provisions established in that |
23 | chapter; |
24 | (18) Designating areas of historic, cultural, and/or archaeological value and regulating |
25 | development and redevelopment in those areas under the provisions of chapter 24.1 of this title; |
26 | (19) Providing standards and requirements for the regulation, review, and approval of any |
27 | proposed development and redevelopment in connection with those uses of land, buildings, or |
28 | structures specifically designated as subject to development plan review in a zoning ordinance; |
29 | (20) Designating special protection areas for water supply and limiting or prohibiting |
30 | development and redevelopment in these areas, except as otherwise provided by state statute; |
31 | (21) Specifying requirements for safe road access to developments and redevelopments |
32 | from existing streets, including limiting the number, design, and location of curb cuts, and |
33 | provisions for internal circulation systems, including pedestrian and bicycle ways, for new |
34 | developments and redevelopments, and provisions for pedestrian and bicycle ways; and |
| LC003286 - Page 15 of 33 |
1 | (22) Reducing unnecessary delay in approving or disapproving development applications |
2 | through provisions for preapplication conferences and other means. |
3 | (23) Providing for the application of the Rhode Island Fair Housing Practices Act, |
4 | chapter 37 of title 34, the United States Fair Housing Amendments Act of 1988 (FHAA); the |
5 | Rhode Island Civil Rights People with Disabilities Act, chapter 37 of title 42; and the Americans |
6 | with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq. |
7 | (24) Regulating drive-through windows of varied intensity of use when associated with |
8 | land-use activities and providing standards and requirements for the regulation, review, and |
9 | approval of the drive-through windows, including, but not limited to: |
10 | (i) Identifying within which zoning districts drive-through windows may be permitted, |
11 | prohibited, or permitted by special-use special permit; |
12 | (ii) Specifying requirements for adequate traffic circulation; and |
13 | (iii) Providing for adequate pedestrian safety and access, including issues concerning |
14 | safety and access for those with disabilities. |
15 | (b) A zoning ordinance may include special provisions for any or all of the following: |
16 | (1) Authorizing development incentives, including, but not limited to, additional |
17 | permitted uses, increased development and density, or additional design or dimensional flexibility |
18 | in exchange for: |
19 | (i) Increased open space; |
20 | (ii) Increased housing choices; |
21 | (iii) Traffic and pedestrian improvements; |
22 | (iv) Public and/or private facilities; and/or |
23 | (v) Other amenities as desired by the city or town and consistent with its comprehensive |
24 | plan. The provisions in the ordinance shall include maximum allowable densities of population |
25 | and/or intensities of use and shall indicate the type of improvements, amenities, and/or |
26 | conditions. Conditions may be made for donation in lieu of direct provisions for improvements or |
27 | amenities; |
28 | (2) Establishing a system for transfer of development rights within or between zoning |
29 | districts designated in the zoning ordinance; and |
30 | (3) Regulating the development and redevelopment adjacent to designated scenic |
31 | highways, scenic waterways, major thoroughfares, public greenspaces, or other areas of special |
32 | public investment or valuable natural resources. |
33 | (c) Slope of land shall not be excluded from the calculation of the buildable lot area or |
34 | the minimum lot size, or in the calculation of the number of buildable lots or units. |
| LC003286 - Page 16 of 33 |
1 | (d) Nothing in this section shall be construed to restrict a municipality's right, within state |
2 | and local regulations, to establish its own minimum lot size per zoning district in its town or city. |
3 | 45-24-34. General provisions -- Purpose and consistency with comprehensive plan. |
4 | (a) A zoning ordinance adopted pursuant to this chapter shall provide a statement of its |
5 | purposes. Those purposes shall be consistent with § 45-24-30. A zoning ordinance adopted or |
6 | amended pursuant to this chapter shall include a statement that the zoning ordinance is consistent |
7 | with the comprehensive plan of the city or town adopted pursuant to chapter 22.2 of this title, or |
8 | as otherwise provided below and shall provide that in the instance of uncertainty in the |
9 | construction or application of any section of the ordinance, the ordinance shall be construed in a |
10 | manner that will further the implementation of, and not be contrary to, the goals and policies and |
11 | applicable elements of the comprehensive plan. |
12 | (b) The city or town shall bring the zoning ordinance or amendment into conformance |
13 | with its comprehensive plan as approved by the chief of the division of planning of the |
14 | department of administration or the superior court in accordance with its implementation schedule |
15 | as set forth in said plan, a period no longer than three (3) years. A zoning ordinance shall address |
16 | and specify requirements for the coordination between contiguous communities, the state, and |
17 | other agencies, as required by chapter 22.2 of this title. |
18 | 45-24-36. General provisions -- Division into districts. |
19 | A zoning ordinance divides a city or town into zoning use and form districts, which may |
20 | include overlay districts and floating zone districts, of the number, kind, type, shape, and area |
21 | suitable to carry out the purposes of this chapter. Regulations and standards shall be consistent for |
22 | each land use, type of development and redevelopment, or type of building or structure within a |
23 | district, but may differ from those in other districts. Zoning use and form districts shall be |
24 | depicted by type and location on the zoning map. |
25 | 45-24-37. General provisions -- Permitted uses. |
26 | (a) The zoning ordinance shall provide a listing of all land uses and/or performance |
27 | standards for uses that are permitted within the zoning use and form districts of the municipality. |
28 | (b) Notwithstanding any other provision of this chapter, the following uses are permitted |
29 | uses within all residential zoning use and form districts of a municipality and all industrial and |
30 | commercial zoning use and form districts except where residential use is prohibited for public |
31 | health or safety reasons: |
32 | (1) Households; |
33 | (2) Community residences; and |
34 | (3) Family day care homes. |
| LC003286 - Page 17 of 33 |
1 | (c) Any time a building or other structure used for residential purposes, or a portion of a |
2 | building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire |
3 | or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured |
4 | home, or homes, as the need may be, elsewhere upon the land, for use and occupancy of the |
5 | former occupants for a period of up to twelve (12) months, or until the building or structure is |
6 | rehabilitated and otherwise made fit for occupancy. The property owner, or a properly designated |
7 | agent of the owner, is only allowed to cause the mobile and manufactured home, or homes, to |
8 | remain temporarily upon the land by making timely application to the local building official for |
9 | the purposes of obtaining the necessary permits to repair or rebuild redevelop the structure. |
10 | (d) Notwithstanding any other provision of this chapter, appropriate access for people |
11 | with disabilities to residential structures is allowed as a reasonable accommodation for any |
12 | person(s) residing, or intending to reside, in the residential structure. |
13 | (e) Notwithstanding any other provision of this chapter, an accessory family dwelling |
14 | unit in an owner-occupied, single-family residence shall be permitted as a reasonable |
15 | accommodation for family members with disabilities or who are sixty-two (62) years of age or |
16 | older, or to accommodate other family members. The appearance of the structure shall remain |
17 | that of a single-family residence and there shall be an internal means of egress between the |
18 | principal unit and the accessory family dwelling unit. If possible, no additional exterior entrances |
19 | should be added. Where additional entrance is required, placement should generally be in the rear |
20 | or side of the structure. When the structure is serviced by an individual, sewage-disposal system, |
21 | the applicant shall have the existing or any new system approved by the department of |
22 | environmental management. The zoning-enforcement officer shall require that a declaration of |
23 | the accessory family dwelling unit for the family member, or members, and its restrictions be |
24 | recorded in the land-evidence records and filed with the zoning-enforcement officer and the |
25 | building official. Once the family members with disabilities or who are sixty-two (62) years of |
26 | age or older, or any other family member, no longer reside(s) in the premises on a permanent |
27 | basis, or the title is transferred, the property owner shall notify the zoning official in writing, and |
28 | the accessory family-dwelling unit shall no longer be permitted, unless there is a subsequent, |
29 | valid application. |
30 | (f) When used in this section the terms "people with disabilities" or "member, or |
31 | members, with disabilities" means a person(s) who has a physical or mental impairment that |
32 | substantially limits one or more major life activities, as defined in § 42-87-1(7). |
33 | (g) Notwithstanding any other provisions of this chapter, plant agriculture is a permitted |
34 | use within all zoning districts of a municipality, including all industrial and commercial zoning |
| LC003286 - Page 18 of 33 |
1 | districts, except where prohibited for public health or safety reasons or the protection of wildlife |
2 | habitat. |
3 | 45-24-39. General provisions -- Nonconforming development. |
4 | (a) Any city or town adopting or amending a zoning ordinance under this chapter shall |
5 | make provision for any use, activity, structure, building, or sign or other improvement, lawfully |
6 | existing at the time of the adoption or amendment of the zoning ordinance, but which is |
7 | nonconforming by use or nonconforming by dimension. The zoning ordinance may regulate |
8 | development which is nonconforming by dimension differently than that which is nonconforming |
9 | by use. |
10 | (b) The zoning ordinance shall permit the continuation of nonconforming development; |
11 | however, this does not prohibit the regulation of nuisances. |
12 | (c) A zoning ordinance may shall provide that, if a nonconforming use is abandoned, it |
13 | may not be reestablished. Abandonment of a nonconforming use zoning use that raises pollution |
14 | risk consists of some overt act, or failure to act, which leads one to believe that the owner of the |
15 | nonconforming use neither claims nor retains any interest in continuing the nonconforming use |
16 | unless the owner can demonstrate an intent not to abandon the use. If any zoning use that raises |
17 | pollution risk halted for a period of three (3) years, the owner of the nonconforming use is |
18 | presumed to have abandoned the nonconforming use, even if there is no intent to abandon the use. |
19 | An involuntary interruption of nonconforming use, as by fire and natural catastrophe, does not |
20 | establish the intent to abandon the nonconforming use; however, if If any nonconforming use is |
21 | halted for a period of one year twenty (20) years, the owner of the nonconforming use is |
22 | presumed to have abandoned the nonconforming use, unless that presumption is rebutted by the |
23 | presentation of sufficient evidence of intent not to abandon the use. A use that is nonconforming |
24 | by use because the building or structure contains more dwelling units than are permitted by the |
25 | use regulations of a zoning ordinance shall never be considered abandoned, unless the zoning use |
26 | and form district does not permit any residential use. |
27 | (d) Abandonment of a nonconforming accessory use shall not be construed to imply |
28 | abandonment of other uses of the site. |
29 | (e) A nonconforming development by dimension never abandons its nonconformance by |
30 | dimension. In reconstructing a development that is nonconforming by dimension, the activity |
31 | shall be reviewed as an alteration of nonconforming development. |
32 | 45-24-40. General provisions -- Alteration of nonconforming development. |
33 | (a) A zoning ordinance may shall permit a nonconforming development to be altered |
34 | under either of the following conditions: |
| LC003286 - Page 19 of 33 |
1 | (1) The ordinance may establish a special-use permit, authorizing the alteration, which |
2 | must be approved by the zoning board of review following the procedure established in this |
3 | chapter and in the zoning ordinance; or |
4 | (2)(1) The ordinance may shall allow the reconstruction, addition and enlargement, |
5 | expansion, intensification, or change in use, of nonconforming development either by special |
6 | permit or by right and may distinguish between the foregoing actions by zoning districts. |
7 | (b) The ordinance may require that the alteration more closely adheres to the intent and |
8 | purposes of the zoning ordinance. |
9 | (c) A use established by variance or special use permit shall not acquire the rights of this |
10 | section. |
11 | 45-24-42. General provisions -- Special-use permits. General provisions -- Special |
12 | permits. |
13 | (a) A zoning ordinance shall provide for the issuance of special-use permits approved by |
14 | the zoning board of review, or, where unified development review is enabled pursuant to § 45-24- |
15 | 46.4, the planning board or commission. |
16 | (b) The ordinance shall: |
17 | (1) Specify the uses requiring special-use permits in each district and the dimensions |
18 | requiring a special dimensional permit in each district. Dimensional requirements in special |
19 | dimensional permits shall not exceed fifty percent (50%) of the dimensional requirements |
20 | specified in the zoning ordinance or the average of existing conditions on lots within the notice |
21 | area as defined in § 45-24-53(d)(2), whichever is greater. A special dimensional permit does not |
22 | permit moving of lot lines; |
23 | (2) Describe the conditions and procedures under which special-use permits, of each or |
24 | the various categories of special-use permits established in the zoning ordinance, may be issued; |
25 | (3) Establish criteria for the issuance of each category of special-use permit that shall be |
26 | in conformance with the purposes and intent of the comprehensive plan and the zoning ordinance |
27 | of the city or town. If a special dimensional permit is granted, neighboring property shall neither |
28 | be substantially injured nor its appropriate use substantially impaired, specifically the appearance |
29 | of the subject property from the street in comparison to properties on its left and right, and it does |
30 | not alter a flood hazard requirement; |
31 | (4) Provide for public hearings and notification of the date, time, place, and purpose of |
32 | those hearings to interested parties. Special-use permit requests submitted under a zoning |
33 | ordinance's unified development review provisions shall be heard and noticed in conjunction with |
34 | the subdivision or land-development application, according to the requirements of § 45-23-50.1. |
| LC003286 - Page 20 of 33 |
1 | Public notice for special-use permits that are not submitted under a zoning ordinance's unified |
2 | development review provisions shall be given at least fourteen (14) days prior to the date of the |
3 | hearing in a newspaper of general circulation in the city or town. Notice of hearing shall be sent |
4 | by first-class mail to the applicant, and to all those who would require notice under § 45-24-53. |
5 | The notice shall also include the street address of the subject property. A zoning ordinance may |
6 | require that a supplemental notice, that an application for a special-use permit is under |
7 | consideration, be posted at the location in question. The posting is for information purposes only |
8 | and does not constitute required notice of a public hearing. The cost of notification shall be borne |
9 | by the applicant; |
10 | (5) Provide for the recording of findings of fact and written decisions; and |
11 | (6) Provide that appeals may be taken pursuant to §§ 45-24-70 or 45-23-66, dependent on |
12 | the board to which application was made. |
13 | (c) The ordinance additionally may shall provide that an applicant may apply for, and be |
14 | issued, a dimensional variance in conjunction with a special-use permit. If the special use permit |
15 | could not exist without the dimensional variance, the zoning board of review, or, where unified |
16 | development review is enabled pursuant to § 45-24-46.4(b), the planning board or commission |
17 | shall consider the special-use permit and the dimensional variance together to determine if |
18 | granting the special use permit is appropriate based on both the special use permit criteria and the |
19 | dimensional variance evidentiary standards. |
20 | 45-24-43. General provisions -- Special conditions. |
21 | In granting a variance or in making any determination upon which it is required to pass |
22 | after a public hearing under a zoning ordinance, the zoning board of review or other zoning |
23 | enforcement agency may apply the special conditions that may, in the opinion of the board or |
24 | agency, be required to promote the intent and purposes of the comprehensive plan and the zoning |
25 | ordinance of the city or town. Failure to abide by any special conditions attached to a grant |
26 | constitutes a zoning violation. Those special conditions shall be based on competent credible |
27 | evidence on the record, be incorporated into the decision, and may include, but are not limited to, |
28 | provisions for: |
29 | (1) Minimizing the adverse impact of the development or redevelopment upon other land, |
30 | including the type, intensity, design, and performance of activities; |
31 | (2) Controlling the sequence of development or redevelopment, including when it must |
32 | be commenced and completed; |
33 | (3) Controlling the duration of use or development and the time within which any |
34 | temporary structure must be removed; |
| LC003286 - Page 21 of 33 |
1 | (4) Assuring satisfactory installation and maintenance of required public improvements; |
2 | (5) Designating the exact location and nature of development or redevelopment; and |
3 | (6) Establishing detailed records by submission of drawings, maps, plats, or |
4 | specifications. |
5 | 45-24-44. General provisions -- Creation of vested rights. |
6 | (a) A zoning ordinance provides protection for the consideration of applications for |
7 | development or redevelopment that are substantially complete and have been submitted for |
8 | approval to the appropriate review agency in the city or town prior to enactment of the new |
9 | zoning ordinance or amendment. |
10 | (b) Zoning ordinances or other land development ordinances or regulations specify the |
11 | minimum requirements for a development application to be substantially complete for the |
12 | purposes of this section. |
13 | (c) Any application considered by a city or town under the protection of this section shall |
14 | be reviewed according to the regulations applicable in the zoning ordinance in force at the time |
15 | the application was submitted. |
16 | (d) If an application for development or redevelopment under the provisions of this |
17 | section is approved, reasonable time limits shall be set within which development or |
18 | redevelopment of the property must begin and within which development or redevelopment must |
19 | be substantially completed. |
20 | 45-24-46.1. Inclusionary zoning. |
21 | (a) A zoning ordinance requiring the inclusion of affordable housing as part of a |
22 | development or redevelopment shall provide that the housing will be affordable housing, as |
23 | defined in § 42-128-8.1(d)(1); that the affordable housing will constitute not less than ten percent |
24 | (10%) of the total units in the development or redevelopment; and that the units will remain |
25 | affordable for a period of not less than thirty-years (30) from initial occupancy enforced through a |
26 | land lease and/or deed restriction enforceable by the municipality and the state of Rhode Island. |
27 | (b) A zoning ordinance that includes inclusionary zoning may provide that the affordable |
28 | housing must be built on-site or utilize one or more alternative methods of production, including, |
29 | but not limited to, off-site construction or rehabilitation, donation of land suitable for |
30 | development of the required affordable units, and/or the payment of a fee in lieu of the |
31 | construction or provision of affordable housing units. For all projects subject to inclusionary |
32 | zoning, density bonuses and other incentives shall be established by the community and shall |
33 | apply to offset differential costs of below-market units. |
34 | (c) This fee in lieu of the construction or provision of affordable housing shall be the |
| LC003286 - Page 22 of 33 |
1 | choice of the developer or builder applied on a per-unit basis and may be used for new |
2 | developments, purchasing property and/or homes, rehabilitating properties, or any other manner |
3 | that creates additional low-or-moderate income housing as defined in § 45-53-3(9). |
4 | (1) For affordable, single-family homes and condominium units, the per-unit fee shall be |
5 | the difference between the maximum affordable sales price for a family of four (4) earning eighty |
6 | percent (80%) of the area median income as determined annually by the U.S. Department of |
7 | Housing and Urban Development and the average cost of developing a single unit of affordable |
8 | housing. The average cost of developing a single unit of affordable housing shall be determined |
9 | annually based on the average, per-unit development cost of affordable homes financed by Rhode |
10 | Island housing over the previous three (3) years, excluding existing units that received |
11 | preservation financing. |
12 | (2) Notwithstanding subsection (c)(1) of this section, in no case shall the per-unit fee for |
13 | affordable single family homes and condominium units be less than forty thousand dollars |
14 | ($40,000). |
15 | (d) The municipality shall deposit all in-lieu payments into restricted accounts that shall |
16 | be allocated and spent only for the creation and development of affordable-housing within the |
17 | municipality serving individuals or families at or below eighty percent (80%) of the area median |
18 | income. The municipality shall maintain a local affordable housing board to oversee the funds in |
19 | the restricted accounts and shall allocate the funds within two (2) years. The municipality shall |
20 | include in the housing element of their local comprehensive plan, if applicable, the process it will |
21 | use to allocate the funds. |
22 | (e) As an alternative to the provisions of subsection (d), the municipality may elect to |
23 | transfer in-lieu payments promptly upon receipt or within the two-year (2) period after receipt to |
24 | the housing resources commission or Rhode Island housing for the purpose of developing |
25 | affordable housing within that community. |
26 | (f) Rhode Island housing shall report to the general assembly and the housing resources |
27 | commission the amount of fees in lieu collected by community; the projects that were provided |
28 | funding with the fees, the dollar amounts allocated to the projects and the number of units |
29 | created. |
30 | 45-24-46.2. Special provisions -- Transfer of development rights -- North Kingstown. |
31 | (a) In addition to other powers granted to towns and cities by this chapter to establish and |
32 | administer transfer of development rights programs, the town council of the town of North |
33 | Kingstown may provide by ordinance for the transfer of development rights, as a voluntary |
34 | program available to developers and property owners, in the manner set forth in this section. |
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1 | (b) The establishment, as provided for by this section, of a system for transfer of |
2 | development rights within or between zoning districts, or a portion thereof, designated in the |
3 | zoning ordinance shall be: |
4 | (1) For the purpose of providing developers and property owners the ability to establish, |
5 | certify, purchase, sell, convey, and/or hold land development rights; and |
6 | (2) For one or more of the following purposes: |
7 | (i) Preserving sensitive resource areas in the community such as groundwater reserves, |
8 | wildlife habitat, agricultural lands, and public access to surface waters; |
9 | (ii) Directing development away from sensitive resource areas to places better suited to |
10 | increased levels of development and redevelopment such as established or proposed mixed use, |
11 | commercial, village, or residential centers; |
12 | (iii) Directing development to areas served by existing infrastructure such as established |
13 | roadways, public water supply systems, centralized sewer collection systems, public transit and |
14 | other utilities; or |
15 | (iv) Shaping and balancing urban and rural development; and/or promoting a high level |
16 | of quality in design in the development and redevelopment of private and public facilities and |
17 | spaces. |
18 | (c) For purposes of this section the following terms shall have the following meaning: |
19 | (1) "Receiving area district" means a zoning district, which is established and mapped |
20 | pursuant to a transfer of development rights ordinance and superimposed on one or more zoning |
21 | use and form districts or portions thereof that is eligible to receive development rights through a |
22 | major land development project review. As may be necessary or desirable to achieve the intended |
23 | uses, density and intensity of use, a receiving area district may allow for additional development |
24 | and redevelopment capacity and for increased lot building coverage and building envelope that |
25 | are greater than those of the underlying zoning. |
26 | (2) "Sending area district" means a zoning district, which is established and mapped |
27 | pursuant to a transfer of development rights ordinance and superimposed on one or more zoning |
28 | use and form districts or a portion thereof, that is eligible to establish development rights that may |
29 | eventually be transferred to a receiving area. |
30 | 45-24-46.3. Special provisions -- Transfer of development rights -- Exeter. |
31 | (a) In addition to other powers granted to towns and cities by this chapter to establish and |
32 | administer transfer of development rights programs, the town council of the town of Exeter may |
33 | provide by ordinance for the transfer of development rights, as a voluntary program available to |
34 | developers and property owners, in the manner set forth in this section. |
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1 | (b) For purposes of this section the following terms shall have the following meaning: |
2 | (1) "Receiving area district" means a zoning district, which is established and mapped |
3 | pursuant to a transfer of development rights ordinance and superimposed on one or more zoning |
4 | use and form districts or portions thereof, that is eligible to receive development rights through a |
5 | major land development project review. As may be necessary or desirable to achieve the intended |
6 | uses, density and intensity of use, a receiving area district may allow for additional development |
7 | capacity and for increased lot building coverage and building envelope that are greater than those |
8 | of the underlying zoning. |
9 | (2) "Sending area district" means a zoning district, which is established and mapped |
10 | pursuant to a transfer of development rights ordinance and superimposed on one or more zoning |
11 | use and form districts or a portion thereof, that is eligible to establish development rights that may |
12 | eventually be transferred to a receiving area. |
13 | (c) The establishment, as provided for by this section, of a system for transfer of |
14 | development rights within or between zoning districts, or a portion thereof, designated in the |
15 | zoning ordinance shall be: |
16 | (1) For the purpose of providing developers and property owners the ability to establish, |
17 | certify, purchase, sell, convey, and/or hold land development rights; and |
18 | (2) For one or more of the following purposes: |
19 | (i) Preserving sensitive resource areas in the community such as groundwater reserves, |
20 | wildlife habitat, agricultural lands, and public access to surface waters; |
21 | (ii) Directing development away from sensitive resource areas to places better suited to |
22 | increased levels of development and redevelopment such as established or proposed mixed use, |
23 | commercial, village, or residential centers; |
24 | (iii) Directing development to areas served by existing infrastructure such as established |
25 | roadways, public water supply systems, centralized sewer collection systems, public transit and |
26 | other utilities; or |
27 | (iv) Shaping and balancing urban and rural development, and/or promoting a high level |
28 | of quality in design in the development and redevelopment of private and public facilities and |
29 | spaces. |
30 | 45-24-46.4. Special provisions -- Unified development review. |
31 | (a) A zoning ordinance may provide that review and approval of dimensional variances, |
32 | use variances, special dimensional permits, and/or special-use permits for properties undergoing |
33 | review by the planning board or commission as land-development or subdivision projects |
34 | pursuant to § 45-23-36, be conducted and decided by the planning board or commission. This |
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1 | process is to be known as unified development review. |
2 | (b) If unified development review is desired, such review must be enabled within the |
3 | zoning ordinance, in accordance with this section, and the local subdivision and land- |
4 | development regulations must be brought into conformance, pursuant to § 45-23-50.1. |
5 | (c) A zoning ordinance that provides for unified development review shall: |
6 | (1) Specify which types of zoning approval the planning board or commission shall be |
7 | empowered to grant for which types of projects; and |
8 | (2) Provide that any person, group, agency, or corporation that files an application for an |
9 | included land development or subdivision project may also file requests for relief from the literal |
10 | requirements of a zoning ordinance on the subject property, pursuant to § 45-24-41, and/or for the |
11 | issuance of special-use permits for the subject property, pursuant to § 45-24-42, by including such |
12 | within the application to the administrative officer of the planning board or commission with the |
13 | other required application materials, pursuant to § 45-23-50.1(b). |
14 | (d) A zoning ordinance that provides for unified development review may specify design, |
15 | use, public benefit, or other relevant criteria that must be met in order for an application to qualify |
16 | for review under the unified development review provisions of the zoning ordinance. |
17 | Certification as to whether an application meets the established criteria shall be conducted in |
18 | conjunction with, and following the time lines outlined for, certification of completeness of the |
19 | application, pursuant to §§ 45-23-38(c), 45-23-40(b), or 45-23-41(b). |
20 | (e) All land development and subdivision applications that include requests for variances |
21 | and/or special-use permits submitted pursuant to this section shall require a public hearing that |
22 | meets the requirements of §§ 45-23-50.1(b) and 45-23-50.1(c). |
23 | (f) In granting requests for dimensional and use variances, the planning board or |
24 | commission shall be bound to the requirements of §§ 45-24-41(d) and 45-24-41(e) relative to |
25 | entering evidence into the record in satisfaction of the applicable standards. |
26 | (g) In reviewing requests for special-use permits, the planning board or commission shall |
27 | be bound to the conditions and procedures under which a special-use permit may be issued and |
28 | the criteria for the issuance of such permits, as found within the zoning ordinance pursuant to §§ |
29 | 45-24-42(b)(1), 45-24-42(b)(2) and 45-24-42(b)(3), and shall be required to provide for the |
30 | recording of findings of fact and written decisions as described in the zoning ordinance pursuant |
31 | to § 45-24-42(b)(5). |
32 | (h) An appeal from any decision made pursuant to this section may be taken pursuant to § |
33 | 45-23-66. |
34 | 45-24-47. Special provisions -- Land development projects. |
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1 | (a) A zoning ordinance may provide for land development projects which are projects in |
2 | which one or more lots, tracts, or parcels of land are to be developed or redeveloped as a |
3 | coordinated site for a complex of uses, units, or structures, including, but not limited to, planned |
4 | development and/or cluster development for residential, commercial, institutional, industrial, |
5 | recreational, open space, and/or mixed uses as may be provided for in the zoning ordinance. |
6 | (b) A zoning ordinance adopted pursuant to this chapter which permits or requires the |
7 | creation of land development projects in one or more zoning districts shall require that any land |
8 | development project is referred to the city or town planning board or commission for approval, in |
9 | accordance with the procedures established by chapter 23 of this title, including those for appeal |
10 | and judicial review, and with any ordinances or regulations adopted pursuant to the procedures, |
11 | whether or not the land development project constitutes a "subdivision", as defined in chapter 23 |
12 | of this title. No land development project shall be initiated until a plan of the project has been |
13 | submitted to the planning board or commission and approval has been granted by the planning |
14 | board or commission. In reviewing, hearing, and deciding upon a land development project, the |
15 | city or town planning board or commission may be empowered to allow zoning incentives within |
16 | the project; provided, that standards for the adjustments are described in the zoning ordinance, |
17 | and may be empowered to apply any special conditions and stipulations to the approval that may, |
18 | in the opinion of the planning board or commission, be required to maintain harmony with |
19 | neighboring uses and promote the objectives and purposes of the comprehensive plan and zoning |
20 | ordinance. |
21 | (c) In regulating land development projects, an ordinance adopted pursuant to this chapter |
22 | may include, but is not limited to, regulations governing the following: |
23 | (1) A minimum area or site size for a land development project; |
24 | (2) Uses to be permitted within the development; |
25 | (3) Ratios of residential to nonresidential uses where applicable; |
26 | (4) Maximum density per lot and maximum density for the entire development, with |
27 | provisions for adjustment of applicable lot density and dimensional standards where open space is |
28 | to be permanently set aside for public or common use, and/or where the physical characteristics, |
29 | location, or size of the site require an adjustment, and/or where the location, size, and type of |
30 | housing, commercial, industrial, or other use require an adjustment, and/or where housing for low |
31 | and moderate income families is to be provided, or where other amenities not ordinarily required |
32 | are provided, as stipulated in the zoning ordinance. Provision may be made for adjustment of |
33 | applicable lot density and dimensional standards for payment or donation of other land or |
34 | facilities in lieu of an on-site provision of an amenity that would, if provided on-site, enable an |
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1 | adjustment; |
2 | (5) Roads, driveways, utilities, parking, and other facilities; regulations may distinguish |
3 | between those facilities intended to remain in private ownership or to be dedicated to the public; |
4 | and |
5 | (6) Buffer areas, landscaping, screening, and shading. |
6 | (d)(1) A zoning ordinance requiring open land in a cluster development or other land |
7 | development project for public or common use, shall provide that such open land either: (i) be |
8 | conveyed to the city or town and accepted by it for park, open space, agricultural, or other |
9 | specified use or uses, or (ii) be conveyed to a nonprofit organization, the principal purpose of |
10 | which is the conservation of open space or resource protection, or (iii) be conveyed to a |
11 | corporation or trust owned or to be owned by the owners of lots or units within the development |
12 | or redevelopment, or owners of shares within a cooperative development or redevelopment. If |
13 | such a corporation or trust is used, ownership shall pass with conveyances of the lots or units, or |
14 | (iv) remain in private ownership if the use is limited to agriculture, habitat or forestry, and the |
15 | city or town has set forth in its community comprehensive plan and zoning ordinance that private |
16 | ownership is necessary for the preservation and management of the agricultural, habitat or forest |
17 | resources. |
18 | (2) In any case where the land is not conveyed to the city or town: |
19 | (i) A restriction, in perpetuity, enforceable by the city or town or by any owner of |
20 | property in the cluster or other land development project in which the land is located shall be |
21 | recorded providing that the land is kept in the authorized condition(s) and not built upon or |
22 | developed for accessory uses such as parking or roadway; and |
23 | (ii) The developmental rights and other conservation easements on the land may be held, |
24 | in perpetuity, by a nonprofit organization, the principal purpose of which is the conservation of |
25 | open space or resource protection. |
26 | (3) All open space land provided by a cluster development or other land development |
27 | project shall be subject to a community approved management plan that will specify the permitted |
28 | uses for the open space. |
29 | 45-24-48. Special provisions -- Preapplication conference. |
30 | A zoning ordinance may provide for a preapplication conference for specific types of |
31 | development and redevelopment proposals. A preapplication conference is intended to allow the |
32 | designated agency to: |
33 | (1) Acquaint the applicant with the comprehensive plan and any specific plans that apply |
34 | to the parcel, as well as the zoning and other ordinances that affect the proposed development or |
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1 | redevelopment; |
2 | (2) Suggest improvements to the proposed design on the basis of a review of the sketch |
3 | plan; |
4 | (3) Advise the applicant to consult appropriate authorities on the character and placement |
5 | of public utility services; and |
6 | (4) Help the applicant to understand the steps to be taken to receive approval. |
7 | 45-24-57. Administration -- Powers and duties of zoning board of review. |
8 | A zoning ordinance adopted pursuant to this chapter shall provide that the zoning board |
9 | of review shall: |
10 | (1) Have the following powers and duties: |
11 | (i) To hear and decide appeals within sixty-five (65) days of the date of the filing of the |
12 | appeal where it is alleged there is an error in any order, requirement, decision, or determination |
13 | made by an administrative officer or agency in the enforcement or interpretation of this chapter, |
14 | or of any ordinance adopted pursuant hereto; |
15 | (ii) To hear and decide appeals from a party aggrieved by a decision of an historic district |
16 | commission, pursuant to §§ 45-24.1-7.1 and 45-24.1-7.2; |
17 | (iii) To hear and decide appeals where the zoning board of review is appointed as the |
18 | board of appeals for airport zoning regulations, pursuant to § 1-3-19; |
19 | (iv) To authorize, upon application, in specific cases of hardship, variances in the |
20 | application of the terms of the zoning ordinance, pursuant to § 45-24-41; |
21 | (v) To authorize, upon application, in specific cases, special-use permits, pursuant to § |
22 | 45-24-42, where the zoning board of review is designated as a permit authority for special-use |
23 | permits; |
24 | (vi) To refer matters to the planning board or commission, or to other boards or agencies |
25 | of the city or town as the zoning board of review may deem appropriate, for findings and |
26 | recommendations; |
27 | (vii) To provide for the issuance of conditional zoning approvals where a proposed |
28 | application would otherwise be approved except that one or more state or federal agency |
29 | approvals that are necessary are pending. A conditional zoning approval shall be revoked in the |
30 | instance where any necessary state or federal agency approvals are not received within a specified |
31 | time period; and |
32 | (viii) To hear and decide other matters, according to the terms of the ordinance or other |
33 | statutes, and upon which the board may be authorized to pass under the ordinance or other |
34 | statutes; and |
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1 | (2) Be required to vote as follows: |
2 | (i) Five (5) active members are necessary to conduct a hearing. As soon as a conflict |
3 | occurs for a member, that member shall recuse himself or herself, shall not sit as an active |
4 | member, and shall take no part in the conduct of the hearing. Only five (5) active members are |
5 | entitled to vote on any issue; |
6 | (ii) The concurring vote of three (3) of the five (5) members of the zoning board of |
7 | review sitting at a hearing are necessary to reverse any order, requirement, decision, or |
8 | determination of any zoning administrative officer from whom an appeal was taken; and |
9 | (iii) The concurring vote of four (4) of the five (5) members of the zoning board of |
10 | review sitting at a hearing is required to decide in favor of an applicant on any matter within the |
11 | discretion of the board upon which it is required to pass under the ordinance, including variances |
12 | and special-use permits. |
13 | 45-24-58. Administration -- Application procedure. |
14 | The zoning ordinance establishes the various application procedures necessary for the |
15 | filing of appeals, requests for variances, special-use permits, development plan reviews, site plan |
16 | reviews, and other applications that may be specified in the zoning ordinance, with the zoning |
17 | board of review, consistent with the provisions of this chapter. The zoning ordinance provides for |
18 | the creation of appropriate forms, and for the submission and resubmission requirements, for each |
19 | type of application required. A zoning ordinance may establish that a time period of a certain |
20 | number of months is required to pass before a successive similar application may be filed. |
21 | 45-24-61. Administration -- Decisions and records of zoning board of review. |
22 | (a) Following a public hearing, the zoning board of review shall render a decision within |
23 | fifteen (15) days. The zoning board of review shall include in its decision all findings of fact and |
24 | conditions, showing the vote of each participating member, and the absence of a member or his or |
25 | her failure to vote. Decisions shall be recorded and filed in the office of the city or town clerk |
26 | within thirty (30) days from the date when the decision was rendered, and is a public record. The |
27 | zoning board of review shall keep written minutes of its proceedings, showing the vote of each |
28 | member upon each question, or, if absent or failing to vote, indicating that fact, and shall keep |
29 | records of its examinations, findings of fact, and other official actions, all of which shall be |
30 | recorded and filed in the office of the zoning board of review in an expeditious manner upon |
31 | completion of the proceeding. For any proceeding in which the right of appeal lies to the superior |
32 | or supreme court, the zoning board of review shall have the minutes taken either by a competent |
33 | stenographer or recorded by a sound-recording device. |
34 | (b) Any decision by the zoning board of review, including any special conditions attached |
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1 | to the decision, shall be mailed within one business day of recording, by any method that provides |
2 | confirmation of receipt to the applicant, to any objector who has filed a written request for notice |
3 | with the zoning enforcement officer, and to the zoning enforcement officer of the city or town. |
4 | Any decision evidencing the granting of a variance, modification, or special use permit shall also |
5 | be recorded in the land evidence records of the city or town and mailed within one business day |
6 | of recording, by any method that provides confirmation of receipt, to the applicant, to any |
7 | objector who has filed a written request for notice with the zoning enforcement officer, and to the |
8 | zoning officer. A copy of the recorded decision shall be mailed within one business day of |
9 | recording, by any method that provides confirmation of receipt, to the applicant, and to any |
10 | objector who has filed a written request for notice with the zoning enforcement officer, as well as |
11 | a copy to the zoning enforcement officer. |
12 | SECTION 2. Section 45-24-46 of the General Laws in Chapter 45-24 entitled "Zoning |
13 | Ordinances" is hereby repealed. |
14 | 45-24-46. Special provisions -- Modification. |
15 | (a) A zoning ordinance may provide for the issuance of modifications or adjustments |
16 | from the literal dimensional requirements of the zoning ordinance in the instance of the |
17 | construction, alteration, or structural modification of a structure or lot of record. If the ordinance |
18 | allows modifications then the zoning enforcement officer is authorized to grant modification |
19 | permits. The zoning ordinance establishes the maximum percent allowed for a modification, |
20 | which shall not exceed twenty-five percent (25%), of any of the dimensional requirements |
21 | specified in the zoning ordinance. A modification does not permit moving of lot lines. The zoning |
22 | ordinance shall specify which dimensional requirements or combinations of these requirements |
23 | are allowable under a modification. These requirements may differ by use or zoning district. |
24 | Within ten (10) days of the receipt of a request for a modification, the zoning enforcement officer |
25 | shall make a decision as to the suitability of the requested modification based on the following |
26 | determinations: |
27 | (1) The modification requested is reasonably necessary for the full enjoyment of the |
28 | permitted use; |
29 | (2) If the modification is granted, neighboring property will neither be substantially |
30 | injured nor its appropriate use substantially impaired; |
31 | (3) The modification requested is in harmony with the purposes and intent of the |
32 | comprehensive plan and zoning ordinance of the city or town; and |
33 | (4) The modification requested does not require a variance of a flood hazard requirement. |
34 | (b) Upon an affirmative determination, the zoning enforcement officer shall notify, by |
| LC003286 - Page 31 of 33 |
1 | registered or certified mail, all property owners abutting the property which is the subject of the |
2 | modification request, and shall indicate the street address of the subject property in the notice, |
3 | and shall publish in a newspaper of general circulation within the city or town that the |
4 | modification will be granted unless written objection is received within thirty (30) days of the |
5 | public notice. If written objection is received within thirty (30) days, the request for a |
6 | modification shall be denied. In that case the changes requested will be considered a request for a |
7 | variance and may only be issued by the zoning board of review following the standard procedures |
8 | for variances. If no written objections are received within thirty (30) days, the zoning |
9 | enforcement officer shall grant the modification. The zoning enforcement officer may apply any |
10 | special conditions to the permit as may, in the opinion of the officer, be required to conform to |
11 | the intent and purposes of the zoning ordinance. The zoning enforcement officer shall keep public |
12 | records of all requests for modifications, and of findings, determinations, special conditions, and |
13 | any objections received. Costs of any notice required under this subsection shall be borne by the |
14 | applicant requesting the modification. |
15 | SECTION 3. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO TOWNS AND CITIES - ZONING ORDINANCES-NEIGHBORHOOD | |
*** | |
1 | This act would amend several sections of the Rhode Island Zoning Enabling Act of 1991 |
2 | with the intent of preserving neighborhood character and promoting smart growth. |
3 | This act would take effect upon passage. |
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