2022 -- H 7201

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LC003353

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES

     Introduced By: Representatives Cortvriend, McGaw, Donovan, and Edwards

     Date Introduced: January 26, 2022

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

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

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

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

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

standards for uses that are permitted within the zoning use districts of the municipality. The

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

listed may be presented by the property owner to the zoning board of review or to a local official

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

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

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

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

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

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

     (1) Households;

     (2) Community residences; and

     (3) Family daycare homes.

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

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

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

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

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

and otherwise made fit for occupancy. The property owner, or a properly designated agent of the

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

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

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

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

disabilities to residential structures is allowed as a reasonable accommodation for any person(s)

residing, or intending to reside, in the residential structure.

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

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

for family members with disabilities or who are sixty-two (62) years of age or older, or to

accommodate other family members. The appearance of the structure shall remain that of a single-

family residence and there shall be an internal means of egress between the principal unit and the

accessory family dwelling unit. If possible, no additional exterior entrances should be added. Where

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

When the structure is serviced by an individual sewage disposal system, the applicant shall have

the existing or any new system approved by the department of environmental management. The

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

the family member, or members, and its restrictions be recorded in the land evidence records and

filed with the zoning enforcement officer and the building official. Once the family members with

disabilities or who are sixty-two (62) years of age or older, or any other family member, no longer

reside(s) in the premises on a permanent basis, or the title is transferred, the property owner shall

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

permitted, unless there is a subsequent, valid application.

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

with disabilities" means a person(s) who has a physical or mental impairment that substantially

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

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

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

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

habitat.

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

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

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

46.4, the planning board or commission.

     (b) The ordinance shall:

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

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

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

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

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

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

requiring a special-use permit;

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

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

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

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

the city or town;

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

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

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

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

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

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

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

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

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

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

posted at the location in question. The posting is for information purposes only and does not

constitute required notice of a public hearing. The cost of notification shall be borne by the

applicant;

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

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

the board to which application was made.

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

a dimensional variance in conjunction with a special-use permit. If the special use could not exist

without the dimensional variance, the zoning board of review, or, where unified development

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

special-use permit and the dimensional variance together to determine if granting the special use is

appropriate based on both the special use criteria and the dimensional variance evidentiary

standards.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES

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     This act would provide a procedure for homeowners to submit to a municipal zoning board

of review or municipal official or agency for a review to determine whether or not a proposed use

under this chapter requires a special use permit.

     This act would take effect upon passage.

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