Chapter 172
2008 -- S 2697
SUBSTITUTE A
Enacted 07/02/08
A N A C T
RELATING
TO TOWNS AND CITIES -- ZONING ORDINANCES
Introduced
By: Senator C Levesque
Date
Introduced: February 26, 2008
It is enacted by the General Assembly as
follows:
SECTION 1. Section
45-24-37 of the General Laws in Chapter 45-24 entitled "Zoning
Ordinances" is hereby amended to read as
follows:
45-24-37.
General provisions -- Permitted uses. -- (a) The zoning ordinance
provides a
listing of all land uses and/or performance
standards for uses which are permitted within the
zoning use districts of the municipality.
(b)
Notwithstanding any other provision of this chapter, the following uses are
permitted
uses within all residential zoning use districts
of a municipality and all industrial and commercial
zoning use districts except where residential
use is prohibited for public health or safety reasons:
(1) Households;
(2) Community
residences;
(3) Family day
care homes.
(c) Any time a
building or other structure used for residential purposes, or a portion of a
building containing residential units, is
rendered uninhabitable by virtue of a casualty such as fire
or flood, the owner of the property is allowed
to park, temporarily, mobile and manufactured
home or homes, as the need may be, elsewhere
upon the land, for use and occupancy of the
former occupants for a period of up to twelve
(12) months, or until the building or structure is
rehabilitated and otherwise made fit for occupancy.
The property owner, or a properly designated
agent of the owner, is only allowed to cause the
mobile and manufactured home or homes to
remain temporarily upon the land by making
timely application to the local building official for
the purposes of obtaining the necessary permits
to repair or rebuild the structure.
(d)
Notwithstanding any other provision of this chapter, appropriate access for
people
with disabilities to residential structures is
allowed as a reasonable accommodation for any
person(s) residing, or intending to reside, in
the residential structure.
(e)
Notwithstanding any other provision of this chapter, an accessory family
dwelling
unit in an owner-occupied, single-family
residence shall be permitted as a reasonable
accommodation only for family members with
disabilities. 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 an additional
entrance is required, placement should generally
be in the rear or side of the structure. When
the structure is serviced by an individual sewage
disposal system, the applicant shall have the
existing or any new system approved by the
department of environmental management. The
zoning enforcement officer shall require that a
declaration of the accessory family dwelling
unit for the family member or members and its
restrictions be recorded in the land evidence
records and filed with the zoning enforcement officer
and the building official. Once the family
member or members with disabilities no longer resides
in the premises on a permanent basis, or the title
is transferred, the property owner shall notify the
zoning official in writing, and the accessory
family dwelling unit shall no longer be permitted,
unless there is a subsequent, valid application.
(f) When used
in this section, the terms "people with disabilities" or "member
or
members with disabilities" means a
person(s) who has a physical or mental impairment which
substantially limits one or more "major
life activities" (as such term is defined in section 34-37-3
of the general laws).
SECTION 2. This
act shall take effect upon passage.
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LC00582/SUB A
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