2023 -- H 6082 SUBSTITUTE A

========

LC001326/SUB A

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

____________

A N   A C T

RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES

     

     Introduced By: Representatives Speakman, Kazarian, Shekarchi, Cotter, Knight,
Donovan, Tanzi, Cruz, Cortvriend, and Casey

     Date Introduced: March 03, 2023

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

1

     SECTION 1. Sections 45-24-31, 45-24-37 and 45-24-73 of the General Laws in Chapter

2

45-24 entitled "Zoning Ordinances" are hereby amended to read as follows:

3

     45-24-31. Definitions.

4

     Where words or terms used in this chapter are defined in § 45-22.2-4 or 45-23-32, they

5

have the meanings stated in that section. In addition, the following words have the following

6

meanings. Additional words and phrases may be used in developing local ordinances under this

7

chapter; however, the words and phrases defined in this section are controlling in all local

8

ordinances created under this chapter:

9

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

10

no intervening land.

11

     (2) Accessory dwelling unit (ADU). A residential living unit on the same parcel lot where

12

the primary principal use is a legally established single-family dwelling unit or multi-unit family

13

dwelling unit. An ADU provides complete independent living facilities for one or more persons. It

14

may take various forms including, but not limited to: a detached unit; a unit that is part of an

15

accessory structure, such as a detached garage; or a unit that is part of an expanded or remodeled

16

primary dwelling.

17

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

18

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

19

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

 

1

to which it is related.

2

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

3

     (i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her,

4

or its property will be injured by a decision of any officer or agency responsible for administering

5

the zoning ordinance of a city or town; or

6

     (ii) Anyone requiring notice pursuant to this chapter.

7

     (5) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4.

8

     (6) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2.

9

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

10

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

11

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

12

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

13

permitting purposes.

14

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

15

screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-way.

16

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

17

occupancy.

18

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

19

to be built on a lot and that is defined by regulations governing building setbacks, maximum height,

20

and bulk; by other regulations; or by any combination thereof.

21

     (12) Building height. For a vacant parcel of land, building height shall be measured from

22

the average, existing-grade elevation where the foundation of the structure is proposed. For an

23

existing structure, building height shall be measured from average grade taken from the outermost

24

four (4) corners of the existing foundation. In all cases, building height shall be measured to the top

25

of the highest point of the existing or proposed roof or structure. This distance shall exclude spires,

26

chimneys, flag poles, and the like. For any property or structure located in a special flood hazard

27

area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the

28

Rhode Island coastal resources management council (CRMC) suggested design elevation three foot

29

(3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-year (100)

30

storm, the greater of the following amounts, expressed in feet, shall be excluded from the building

31

height calculation:

32

     (i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or

33

proposed freeboard, less the average existing grade elevation; or

34

     (ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a

 

LC001326/SUB A - Page 2 of 14

1

one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate

2

the appropriate suggested design elevation map for the exclusion every ten (10) years, or as

3

otherwise necessary.

4

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

5

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

6

of environmentally, historically, culturally, or other sensitive features and/or structures. The

7

techniques used to concentrate buildings shall be specified in the ordinance and may include, but

8

are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the

9

resultant open land being devoted by deed restrictions for one or more uses. Under cluster

10

development, there is no increase in the number of lots that would be permitted under conventional

11

development except where ordinance provisions include incentive bonuses for certain types or

12

conditions of development.

13

     (14) Common ownership. Either:

14

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

15

or more contiguous lots; or

16

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

17

more lots under specific development techniques.

18

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

19

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

20

houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the

21

following:

22

     (i) Whenever six (6) or fewer children or adults with intellectual and/or developmental

23

disability reside in any type of residence in the community, as licensed by the state pursuant to

24

chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community

25

residences;

26

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

27

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

28

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

29

(8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of

30

title 42;

31

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

32

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

33

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

34

abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor

 

LC001326/SUB A - Page 3 of 14

1

more than two (2) years. Residents will have access to, and use of, all common areas, including

2

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

3

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

4

     (16) 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) Day care — Daycare center. Any other daycare center that is not a family daycare

8

home.

9

     (18) Day care — Family daycare home. Any home, other than the individual’s home, in

10

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

11

individuals who are not relatives of the caregiver, but may not contain more than a total of eight

12

(8) individuals receiving day care.

13

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

14

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

15

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

16

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

17

     (21) Development plan review. The process whereby authorized, local officials review the

18

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

19

stated purposes and standards of the ordinance.

20

     (22) District. See “zoning-use district.”

21

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

22

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

23

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

24

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

25

     (24) Dwelling unit. A structure, or portion of a structure, providing complete, independent

26

living facilities for one or more persons, including permanent provisions for living, sleeping, eating,

27

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

28

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

29

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

30

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

31

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

32

     (26) 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 household.

 

LC001326/SUB A - Page 4 of 14

1

     (27) Floating zone. An unmapped zoning district adopted within the ordinance that is

2

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

3

requirements, is approved.

4

     (28) Floodplains, or Flood hazard area. As defined in § 45-22.2-4.

5

     (29) Freeboard. A factor of safety expressed in feet above the base flood elevation of a

6

flood hazard area for purposes of floodplain management. Freeboard compensates for the many

7

unknown factors that could contribute to flood heights, such as wave action, bridge openings, and

8

the hydrological effect of urbanization of the watershed.

9

     (30) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3.

10

     (31) Halfway house. A residential facility for adults or children who have been

11

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

12

a functional member of society.

13

     (32) Hardship. See § 45-24-41.

14

     (33) Historic district or historic site. As defined in § 45-22.2-4.

15

     (34) Home occupation. Any activity customarily carried out for gain by a resident,

16

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

17

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

18

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

19

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

20

synonymous with the term “dwelling unit” for determining the number of units allowed within any

21

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

22

following:

23

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

24

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

25

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

26

     (36) Incentive zoning. The process whereby the local authority may grant additional

27

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

28

specified in local ordinances.

29

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

30

industrial, institutional, and other activities.

31

     (38) Land-development project. A project in which one or more lots, tracts, or parcels of

32

land are developed or redeveloped as a coordinated site for one or more uses, units, or structures,

33

including, but not limited to, planned development or cluster development for residential,

34

commercial, institutional, recreational, open space, or mixed uses as provided in the zoning

 

LC001326/SUB A - Page 5 of 14

1

ordinance.

2

     (39) Lot. Either:

3

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

4

regulations; or

5

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

6

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

7

purposes of transfer of title.

8

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

9

way, usually reported in acres or square feet.

10

     (41) Lot area, minimum. The smallest land area established by the local zoning ordinance

11

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

12

     (42) Lot building coverage. That portion of the lot that is, or may be, covered by buildings

13

and accessory buildings.

14

     (43) Lot depth. The distance measured from the front lot line to the rear lot line. For lots

15

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

16

     (44) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall specify

17

how noncontiguous frontage will be considered with regard to minimum frontage requirements.

18

     (45) Lot line. A line of record, bounding a lot, that divides one lot from another lot or from

19

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

20

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

21

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

22

street, for example, corner and through lots;

23

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

24

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

25

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

26

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

27

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

28

     (46) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined

29

herein.

30

     (47) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon two

31

(2) streets that do not intersect at the boundaries of the lot.

32

     (48) Lot width. The horizontal distance between the side lines of a lot measured at right

33

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

34

line.

 

LC001326/SUB A - Page 6 of 14

1

     (49) Mere inconvenience. See § 45-24-41.

2

     (50) Mixed use. A mixture of land uses within a single development, building, or tract.

3

     (51) Modification. Permission granted and administered by the zoning enforcement officer

4

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

5

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

6

the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) of each of

7

the applicable dimensional requirements.

8

     (52) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully

9

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

10

the provisions of that ordinance or amendment. Nonconformance is of only two (2) types:

11

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

12

not a permitted use in that zoning district. A building or structure containing more dwelling units

13

than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or

14

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

15

with the dimensional regulations of the zoning ordinance. Dimensional regulations include all

16

regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building

17

or structure containing more dwelling units than are permitted by the use regulations of a zoning

18

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

19

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

20

dwelling unit regulations, is nonconforming by dimension.

21

     (53) Overlay district. A district established in a zoning ordinance that is superimposed on

22

one or more districts or parts of districts. The standards and requirements associated with an overlay

23

district may be more or less restrictive than those in the underlying districts consistent with other

24

applicable state and federal laws.

25

     (54) Performance standards. A set of criteria or limits relating to elements that a particular

26

use or process must either meet or may not exceed.

27

     (55) Permitted use. A use by right that is specifically authorized in a particular zoning

28

district.

29

     (56) Planned development. A “land-development project,” as defined in subsection (38),

30

and developed according to plan as a single entity and containing one or more structures or uses

31

with appurtenant common areas.

32

     (57) Plant agriculture. The growing of plants for food or fiber, to sell or consume.

33

     (58) Preapplication conference. A review meeting of a proposed development held

34

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

 

LC001326/SUB A - Page 7 of 14

1

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

2

     (59) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance of

3

the required setback for the zoning district in which the lot is located that establishes the area within

4

which the principal structure must be erected or placed.

5

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

6

and/or the proposed conditions of the lot.

7

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

8

of the ground.

9

     (62) Special use. A regulated use that is permitted pursuant to the special-use permit issued

10

by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a special

11

exception.

12

     (63) Structure. A combination of materials to form a construction for use, occupancy, or

13

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

14

     (64) Substandard lot of record. Any lot lawfully existing at the time of adoption or

15

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

16

of that ordinance.

17

     (65) Use. The purpose or activity for which land or buildings are designed, arranged, or

18

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

19

     (66) Variance. Permission to depart from the literal requirements of a zoning ordinance.

20

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

21

establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There are

22

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

23

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

24

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

25

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

26

zoning ordinance.

27

     (ii) Dimensional variance. Permission to depart from the dimensional requirements of a

28

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

29

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

30

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

31

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

32

the relief is granted are not grounds for relief.

33

     (67) Waters. As defined in § 46-12-1(23).

34

     (68) Wetland, coastal. As defined in § 45-22.2-4.

 

LC001326/SUB A - Page 8 of 14

1

     (69) Wetland, freshwater. As defined in § 2-1-20.

2

     (70) Zoning certificate. A document signed by the zoning-enforcement officer, as required

3

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

4

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

5

authorized variance or modification therefrom.

6

     (71) Zoning map. The map, or maps, that are a part of the zoning ordinance and that

7

delineate the boundaries of all mapped zoning districts within the physical boundary of the city or

8

town.

9

     (72) Zoning ordinance. An ordinance enacted by the legislative body of the city or town

10

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

11

town’s legislative or home rule charter, if any, that establish regulations and standards relating to

12

the nature and extent of uses of land and structures; that is consistent with the comprehensive plan

13

of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that

14

complies with the provisions of this chapter.

15

     (73) Zoning-use district. The basic unit in zoning, either mapped or unmapped, to which

16

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

17

districts include, but are not limited to: agricultural, commercial, industrial, institutional, open

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

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

29

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

30

     (1) Households;

31

     (2) Community residences; and

32

     (3) Family daycare homes.

33

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

34

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

 

LC001326/SUB A - Page 9 of 14

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

owner-occupied residence that complies with ("ADU") that meets the requirements of §§ 45-24-31

13

and 45-24-73(a) shall be a permitted as a reasonable accommodation for family members with

14

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

15

members use in all residential zoning districts. An ADU which meets the requirements of §§ 45-

16

24-31 and 45-24-73(a) shall be permitted through an administrative building permit process only.

17

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

18

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

19

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

20

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

21

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

22

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

23

habitat.

24

     45-24-73. Consistent statewide treatment of accessory dwelling units required. Design

25

standards required for accessory dwelling units; Consistent statewide treatment of accessory

26

dwelling units required.

27

     (a) Any municipality that chooses to permit accessory dwelling units (ADUs) within the

28

municipality, shall not impose any excessive restrictions on accessory dwelling units (ADUs).

29

More specifically, a municipality that permits ADUs shall not:

30

     Pursuant to § 45-24-37, one accessory dwelling unit (ADU) shall be allowed by right under

31

the following circumstances:

32

     (1) On an owner-occupied property as a reasonable accommodation for family members

33

with disabilities; or

34

     (2) On a lot with a total lot area of twenty thousand square feet (20,000 sq. ft.) or more for

 

LC001326/SUB A - Page 10 of 14

1

which the primary use is residential; or

2

     (3) Where the proposed ADU is located within the existing footprint of the primary

3

structure or existing accessory attached or detached structure and does not expand the footprint of

4

the structure.

5

     (b) Uniform standards.

6

     (1) A municipality may establish a maximum unit size for an ADU but such limitation must

7

allow, subject to applicable dimensional requirements:

8

     (i) A studio or one bedroom ADU of at least nine hundred square feet (900 sq. ft), or sixty

9

percent (60%) of the floor area of the principal dwelling, whichever is less; and

10

     (ii) A two (2) bedroom ADU of at least twelve hundred square feet (1,200 sq. ft.), or sixty

11

percent (60%) of the floor area of the principal dwelling, whichever is less.

12

     (2) For all ADU applications, a municipality shall not:

13

     (1)(i) Restrict tenants based on familial relationship relationships or age unless such

14

restriction is necessary to comply with the terms of the federal subsidy related to affordability;

15

     (2)(ii) Charge unique or unreasonable application or permitting fees for the creation of an

16

ADU that exceed those that would be charged for a new single family dwelling;

17

     (3)(iii) Require infrastructure improvements in connection with the ADU, including, but

18

not limited to, separate water or sewer service lines or expanded septic system capacity; provided,

19

however, municipalities may require modification unless such improvements and/or modifications

20

are required by an applicable state agency for compliance under state law or regulation, or to

21

comply with building code requirements, or to address capacity or upgrades necessary to

22

accommodate the ADU;

23

     (4)(iv) Discriminate against populations protected under state and federal fair housing

24

laws;

25

     (5)(v) Impose unreasonable dimensional requirements or other development standards on

26

ADUs that effectively preclude their development or utilization in any instance exceed the

27

requirements for an accessory structure in the same zoning district;

28

     (6)(vi) Require a larger minimum lot size for a property with an ADU over that required

29

for a property without an ADU in the same zone additional lot area, lot frontage or lot width for

30

conforming lots or legal nonconforming lots of record solely to accommodate an ADU;

31

     (vii) Require zoning relief for ADU applications proposed within an existing footprint of

32

the primary or accessory structure which is a legal nonconforming structure in order to address the

33

existing dimensional nonconformity;

34

     (7)(viii) Require more than one off-street parking space beyond what is already required

 

LC001326/SUB A - Page 11 of 14

1

for the primary use; or per bedroom of the ADU;

2

     (8)(ix) Limit ADUs to lots with preexisting homes; provided, a municipality shall allow

3

ADUs dwellings, or otherwise prohibit ADUs as part of applications for new primary dwelling

4

units or subdivisions.;

5

     (x) Limit the number of bedrooms that may be provided in an ADU to two (2) bedrooms

6

or less;

7

     (xi) Require an ADU to be exclusively occupied by a household that is low-or moderate-

8

income or less as defined by § 42-128-8.1; or

9

     (xii) Revoke the permitted status or otherwise require the disassembly of a legally

10

established ADU upon transfer of title or occupancy.

11

     (3) An application for an ADU which is not allowed by right under this section, shall not,

12

by itself, be reviewed as a minor land development or major land development project.

13

     (4) A municipality shall allow ADUs as part of applications for new primary dwelling units

14

or subdivisions. For proposed ADUs that are part of a larger development proposal, a municipality

15

shall not count such ADUs toward density of the proposal for purposes of limiting the number of

16

dwelling units allowed in such development proposal.

17

     (i) Municipalities may utilize a unified development review process for any application

18

that includes ADUs, regardless of whether a city or town has opted into the current unified

19

development review statute.

20

     (5) As part of the approval process, municipalities may exempt ADUs from all or part of

21

utility assessment and/or tie in fees.

22

     (b) To further enable the use of ADUs and to remove barriers to utilization, municipalities

23

may allow ADUs in primary or accessory structures that are lawfully established preexisting non-

24

conforming through a special use permit and not require a variance, notwithstanding any provision

25

of this chapter to the contrary that would require a variance.

26

     (c)(6) Private restrictions on ADUs imposed by condominium associations, homeowner

27

associations, or similar residential property governing bodies, which conflict with the provisions

28

of this section or the definition of an ADU as set forth in § 45-24-31, shall be void as against public

29

policy. Provided, however, if ADUs are allowed by condominium association covenants,

30

homeowner association covenants, or similar residential property governing bodies, they shall be

31

deemed in compliance with this subsection.

32

     (d)(7) The development of ADUs shall not be restricted by any locally adopted ordinance

33

or policy that places a limit or moratorium on the development of residential units in land zoned

34

for residential use.

 

LC001326/SUB A - Page 12 of 14

1

     (8) ADUs shall not be offered or rented for tourist or transient use or through a hosting

2

platform, as such terms are defined in § 42-63.1-2.

3

     SECTION 2. Section 45-24-74 of the General Laws in Chapter 45-24 entitled "Zoning

4

Ordinances" is hereby repealed.

5

     45-24-74. Additional zoning provisions for applications for accessory dwelling units.

6

     (a) Applications for accessory dwelling units (ADUs) that are not part of a larger

7

development proposal shall be reviewed through an administrative officer or development plan

8

review process. They shall not, by themselves, be reviewed as minor land development, major land

9

development, or special use permits.

10

     (b) ADUs shall be a permitted use in any residential district with a minimum lot size of

11

twenty thousand square feet (20,000 sq. ft.) or more, and where the proposed ADU is located within

12

the existing footprint of the primary structure or existing secondary attached or detached structure

13

and does not expand the footprint of the structure.

14

     (c) Municipalities may utilize a unified development review process for any application

15

that includes ADUs, regardless of whether a city or town has opted into the current unified

16

development review statute.

17

     (d) As part of the approval process, municipalities may exempt ADUs from all or part of

18

utility assessment and/or tie in fees.

19

     SECTION 3. This act shall take effect upon passage.

========

LC001326/SUB A

========

 

LC001326/SUB A - Page 13 of 14

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES

***

1

     This act would amend several sections of law relating to zoning ordinances to provide

2

uniform zoning standards for accessory dwelling units.

3

     This act would take effect upon passage.

========

LC001326/SUB A

========

 

LC001326/SUB A - Page 14 of 14