Chapter 342
2012 -- S 2442 SUBSTITUTE A
Enacted 06/20/12
A N A C T
RELATING TO
TOWNS AND CITIES - ZONING ORDINANCES
Introduced By: Senators Sosnowski, Walaska, Felag, McCaffrey, and Bates
Date Introduced: February 16, 2012
It is enacted by the General
Assembly as follows:
SECTION 1. Sections 45-24-31 and 45-24-37 of the General
Laws in Chapter 45-24
entitled "Zoning Ordinances" are hereby amended to
read as follows:
45-24-31.
Definitions. -- Where words or terms used in this
chapter are defined in section
45-22.2-4, they have the meanings stated in that
section. In addition, the following words have
the following meanings. Additional words and phrases may
be used in developing local
ordinances under this chapter; however, the words and phrases
defined in this section are
controlling in all local ordinances created under this chapter:
(1) Abutter. - One whose property abuts, that is, adjoins at a border,
boundary, or point
with no intervening land.
(2) Accessory Dwelling
Unit. - A dwelling unit: (i) rented to and occupied
either by one
or more members of the family of the occupant or
occupants of the principal residence; or (ii)
reserved for rental occupancy by a person or a family where
the principal residence is owner
occupied, and which meets the following provisions:
(A) In zoning districts
that allow residential uses, no more than one accessory dwelling
unit may be an accessory to a single-family dwelling.
(B) An accessory dwelling
unit shall include separate cooking and sanitary facilities, with
its own legal means of ingress and egress and is a
complete, separate dwelling unit. The accessory
dwelling unit shall be within or attached to the principal
dwelling unit structure or within an
existing structure, such as a garage or barn, and designed so
that the appearance of the principal
structure remains that of a one-family residence.
(3) Accessory Use. - A
use of land or of a building, or portion thereof, customarily
incidental and subordinate to the principal use of the land or
building. An accessory use may be
restricted to the same lot as the principal use. An accessory
use shall not be permitted without the
principal use to which it is related.
(4) Aggrieved Party. -
An aggrieved party, for purposes of this chapter, shall be:
(i)
Any person or persons or entity or entities who can demonstrate that their
property
will be injured by a decision of any officer or agency
responsible for administering the zoning
ordinance of a city or town; or
(ii) Anyone requiring
notice pursuant to this chapter.
(5) Agricultural Land. - "Agricultural land", as defined in section 45-22.2-4.
(6) Airport Hazard Area.
- "Airport hazard area", as defined in section
1-3-2.
(7) Applicant. - An
owner or authorized agent of the owner submitting an application or
appealing an action of any official, board, or agency.
(8) Application. - The
completed form or forms and all accompanying documents,
exhibits, and fees required of an applicant by an approving
authority for development review,
approval, or permitting purposes.
(9) Buffer. - Land which
is maintained in either a natural or landscaped state, and is used
to screen and/or mitigate the impacts of development on
surrounding areas, properties, or rights-
of-way.
(10) Building. - Any
structure used or intended for supporting or sheltering any use or
occupancy.
(11) Building Envelope.
- The three-dimensional space within which a structure is
permitted to be built on a lot and which is defined by
regulations governing building setbacks,
maximum height, and bulk; by other regulations; and/or by any
combination thereof.
(12) Building Height. - The
vertical distance from grade, as determined by the
municipality, to the top of the highest point of the roof or
structure. The distance may exclude
spires, chimneys, flag poles, and the like.
(13) Cluster. - A site
planning technique that concentrates buildings in specific areas on
the site to allow the remaining land to be used for
recreation, common open space, and/or
preservation of environmentally, historically, culturally, or
other sensitive features and/or
structures. The techniques used to concentrate buildings shall
be specified in the ordinance and
may include, but are not limited to, reduction in lot
areas, setback requirements, and/or bulk
requirements, with the resultant open land being devoted by deed
restrictions for one or more
uses. Under cluster development there is no increase in
the number of lots that would be
permitted under conventional development except where ordinance
provisions include incentive
bonuses for certain types or conditions of development.
(14) Common Ownership. -
Either:
(i)
Ownership by one or more individuals or entities in any form of ownership of
two (2)
or more contiguous lots; or
(ii) Ownership by any
association (ownership may also include a municipality) of one or
more lots under specific development techniques.
(15) Community
Residence. - A home or residential facility where children and/or adults
reside in a family setting and may or may not receive
supervised care. This does not include
halfway houses or substance abuse treatment facilities. This
does include, but is not limited, to the
following:
(i)
Whenever six (6) or fewer children or adults with retardation reside in any
type of
residence in the community, as licensed by the state pursuant
to chapter 24 of title 40.1. All
requirements pertaining to local zoning are waived for these
community residences;
(ii) A group home
providing care or supervision, or both, to not more than eight (8)
persons with disabilities, and licensed by the state pursuant
to chapter 24 of title 40.1;
(iii) A residence for
children providing care or supervision, or both, to not more than
eight (8) children including those of the care giver and
licensed by the state pursuant to chapter
72.1 of title 42;
(iv) A
community transitional residence providing care or assistance, or both, to no
more
than six (6) unrelated persons or no more than three (3)
families, not to exceed a total of eight (8)
persons, requiring temporary financial assistance, and/or to
persons who are victims of crimes,
abuse, or neglect, and who are expected to reside in that
residence not less than sixty (60) days
nor more than two (2) years. Residents will have access
to and use of all common areas, including
eating areas and living rooms, and will receive appropriate
social services for the purpose of
fostering independence, self-sufficiency, and eventual
transition to a permanent living situation.
(16) Comprehensive Plan.
- The comprehensive plan adopted and approved pursuant to
chapter 22.2 of this title and to which any zoning adopted
pursuant to this chapter shall be in
compliance.
(17) Day Care --
care home.
(18) Day Care -- Family
Day Care Home. - Any home other than the individual's home in
which day care in lieu of parental care or supervision is
offered at the same time to six (6) or less
individuals who are not relatives of the care giver, but may not
contain more than a total of eight
(8) individuals receiving day
care.
(19) Density,
Residential. - The number of dwelling units per unit of land.
(20) Development. - The
construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any structure; any mining,
excavation, landfill or land disturbance;
or any change in use, or alteration or extension of the
use, of land.
(21) Development Plan
Review. - The process whereby authorized local officials review
the site plans, maps, and other documentation of a
development to determine the compliance with
the stated purposes and standards of the ordinance.
(22) District. - See
"zoning use district".
(23) Drainage System. -
A system for the removal of water from land by drains, grading,
or other appropriate means. These techniques may include
runoff controls to minimize erosion
and sedimentation during and after construction or
development, the means for preserving surface
and groundwaters, and the
prevention and/or alleviation of flooding.
(24) Dwelling Unit. - A
structure or portion of a structure providing complete,
independent living facilities for one or more persons, including
permanent provisions for living,
sleeping, eating, cooking, and sanitation, and containing a
separate means of ingress and egress.
(25) Extractive
Industry. - The extraction of minerals, including: solids, such as coal and
ores; liquids, such as crude petroleum; and gases, such as
natural gases. The term also includes
quarrying; well operation; milling, such as crushing,
screening, washing, and flotation; and other
preparation customarily done at the extraction site or as a part
of the extractive activity.
(26) Family. - A person
or persons related by blood, marriage, or other legal means. See
also "Household".
(27) Floating Zone. - An
unmapped zoning district adopted within the ordinance which is
established on the zoning map only when an application for
development, meeting the zone
requirements, is approved.
(28)
Floodplains, or Flood Hazard Area. - As defined in section 45-22.2-4.
(29) Groundwater. - "Groundwater" and associated terms, as defined in
section 46-13.1-3.
(30) Halfway House. - A
residential facility for adults or children who have been
institutionalized for criminal conduct and who require a group setting
to facilitate the transition to
a functional member of society.
(31) Hardship. - See
section 45-24-41.
(32)
Historic District, or Historic Site. - As defined in section 45-22.2-4.
(33) Home Occupation. -
Any activity customarily carried out for gain by a resident,
conducted as an accessory use in the resident's dwelling unit.
(34) Household. - One or
more persons living together in a single dwelling unit, with
common access to, and common use of, all living and eating
areas and all areas and facilities for
the preparation and storage of food within the dwelling
unit. The term "household unit" is
synonymous with the term "dwelling unit" for
determining the number of units allowed within
any structure on any lot in a zoning district. An
individual household shall consist of any one of
the following:
(i)
A family, which may also include servants and employees living with the family;
or
(ii) A person or group
of unrelated persons living together. The maximum number may
be set by local ordinance, but this maximum shall not be
less than three (3).
(35) Incentive Zoning. -
The process whereby the local authority may grant additional
development capacity in exchange for the developer's provision of
a public benefit or amenity as
specified in local ordinances.
(36) Infrastructure. -
Facilities and services needed to sustain residential, commercial,
industrial, institutional, and other activities.
(37) Land Development
Project. - A project in which one or more lots, tracts, or parcels
of land are to be developed or redeveloped as a
coordinated site for a complex of uses, units, or
structures, including, but not limited to, planned development
and/or cluster development for
residential, commercial, institutional, recreational, open space,
and/or mixed uses as may be
provided for in the zoning ordinance.
(38)
(i)
The basic development unit for determination of lot area, depth, and other
dimensional
regulations; or
(ii) A parcel of land
whose boundaries have been established by some legal instrument
such as a recorded deed or recorded map and which is
recognized as a separate legal entity for
purposes of transfer of title.
(39)
of-way, usually reported in acres or square feet.
(40)
buildings and accessory buildings.
(41)
lots where the front and rear lot lines are not parallel,
the lot depth is an average of the depth.
(42)
specify how noncontiguous frontage will be considered with
regard to minimum frontage
requirements.
(43)
or from a public or private street or any other public
or private space and shall include:
(i)
Front: the lot line separating a lot from a street right-of-way. A zoning
ordinance shall
specify the method to be used to determine the front lot line
on lots fronting on more than one
street, for example, corner and through lots;
(ii) Rear: the lot line
opposite and most distant from the front lot line, or in the case of
triangular or otherwise irregularly shaped lots, an assumed line
at least ten feet (10') in length
entirely within the lot, parallel to and at a maximum distance
from the front lot line; and
(iii) Side: any lot line
other than a front or rear lot line. On a corner lot, a side lot line
may be a street lot line, depending on requirements of
the local zoning ordinance.
(44) Lot, Through. - A
lot which fronts upon two (2) parallel streets, or which fronts upon
two (2) streets which do not intersect at the boundaries
of the lot.
(45)
angles to its depth along a straight line parallel to the
front lot line at the minimum front setback
line.
(46) Mere Inconvenience.
- See section 45-24-41.
(47) Mixed Use. - A
mixture of land uses within a single development, building, or tract.
(48) Modification. -
Permission granted and administered by the zoning enforcement
officer of the city or town, and pursuant to the provisions
of this chapter to grant a dimensional
variance other than lot area requirements from the zoning
ordinance to a limited degree as
determined by the zoning ordinance of the city or town, but not
to exceed twenty-five percent
(25%) of each of the applicable
dimensional requirements.
(49) Nonconformance. - A
building, structure, or parcel of land, or use thereof, lawfully
existing at the time of the adoption or amendment of a zoning
ordinance and not in conformity
with the provisions of that ordinance or amendment.
Nonconformance is of only two (2) types:
(i)
Nonconforming by use: a lawfully established use of land, building, or
structure which
is not a permitted use in that zoning district. A
building or structure containing more dwelling
units than are permitted by the use regulations of a zoning
ordinance is nonconformity by use; or
(ii) Nonconforming by
dimension: a building, structure, or parcel of land not in
compliance with the dimensional regulations of the zoning
ordinance. Dimensional regulations
include all regulations of the zoning ordinance, other than
those pertaining to the permitted uses.
A building or structure containing more dwelling units
than are permitted by the use regulations
of a zoning ordinance is nonconforming by use; a
building or structure containing a permitted
number of dwelling units by the use regulations of the
zoning ordinance, but not meeting the lot
area per dwelling unit regulations, is nonconforming by
dimension.
(50)
Overlay District. - A district established in a zoning ordinance that is
superimposed
on one or more districts or parts of districts. The
standards and requirements associated with an
overlay district may be more or less restrictive than those
in the underlying districts consistent
with other applicable state and federal laws.
(51) Performance
Standards. - A set of criteria or limits relating to elements which a
particular use or process must either meet or may not exceed.
(52) Permitted Use. - A
use by right which is specifically authorized in a particular
zoning district.
(53) Planned
Development. - A "land development project", as defined in section
45-24-
31(37), and developed according to plan as a single
entity and containing one or more structures
and/or uses with appurtenant common areas.
(54) Plant
Agriculture. - The growing of plants for food or fiber, to sell or consume.
(54)(55) Preapplication Conference. - A review meeting of a proposed
development held
between applicants and reviewing agencies as permitted by law
and municipal ordinance, before
formal submission of an application for a permit or for
development approval.
(55)(56) Setback
Line or Lines. - A line or lines parallel to a lot line at the minimum
distance of the required setback for the zoning district in
which the lot is located that establishes
the area within which the principal structure must be
erected or placed.
(56)(57)
Site Plan. - The development plan for one or more lots on which is shown the
existing and/or the proposed conditions of the lot.
(57)(58)
Special Use. - A regulated use which is permitted pursuant to the special-use
permit issued by the authorized governmental entity,
pursuant to section 45-24-42. Formerly
referred to as a special exception.
(58)(59)
Structure. - A combination of materials to form a construction for use,
occupancy, or ornamentation, whether installed on, above, or
below, the surface of land or water.
(59)(60)
Substandard
amendment of a zoning ordinance and not in conformance with the
dimensional and/or area
provisions of that ordinance.
(60)(61) Use.
- The purpose or activity for which land or buildings are designed,
arranged, or intended, or for which land or buildings are
occupied or maintained.
(61)(62)
Variance. - Permission to depart from the literal requirements of a zoning
ordinance. An authorization for the construction or maintenance
of a building or structure, or for
the establishment or maintenance of a use of land, which
is prohibited by a zoning ordinance.
There are only two (2) categories of variance, a use
variance or a dimensional variance.
(i)
Use Variance. - Permission to depart from the use requirements of a zoning
ordinance
where the applicant for the requested variance has shown by
evidence upon the record that the
subject land or structure cannot yield any beneficial use if
it is to conform to the provisions of the
zoning ordinance.
(ii) Dimensional
Variance. - Permission to depart from the dimensional requirements of a
zoning ordinance, where the applicant for the requested
relief has shown, by evidence upon the
record, that there is no other reasonable alternative way to
enjoy a legally permitted beneficial use
of the subject property unless granted the requested
relief from the dimensional regulations.
However, the fact that a use may be more profitable or
that a structure may be more valuable after
the relief is granted are not grounds for relief.
(62)(63)
Waters. - As defined in section 46-12-1(23).
(63)(64)
Wetland, Coastal. - As defined in section 45-22.2-4.
(64)(65)
Wetland, Freshwater. - As defined in section 2-1-20.
(65)(66)
Zoning Certificate. - A document signed by the zoning enforcement officer, as
required in the zoning ordinance, which acknowledges that a
use, structure, building, or lot either
complies with or is legally nonconforming to the provisions of
the municipal zoning ordinance or
is an authorized variance or modification therefrom.
(66)(67)
Zoning Map. - The map or maps which are a part of the zoning ordinance and
which delineate the boundaries of all mapped zoning
districts within the physical boundary of the
city or town.
(67)(68)
Zoning Ordinance. - An ordinance enacted by the legislative body of the city or
town pursuant to this chapter and in the manner providing for
the adoption of ordinances in the
city or town's legislative or home rule charter, if any,
which establish regulations and standards
relating to the nature and extent of uses of land and
structures, which is consistent with the
comprehensive plan of the city or town as defined in chapter 22.2
of this title, which includes a
zoning map, and which complies with the provisions of this
chapter.
(68)(69) Zoning Use District. - The basic unit in zoning,
either mapped or unmapped, to
which a uniform set of regulations applies, or a uniform
set of regulations for a specified use.
Zoning use districts include, but are not limited to:
agricultural, commercial, industrial,
institutional, open space, and residential. Each district may
include sub-districts. Districts may be
combined.
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; and
(3) Family day care
homes; and.
(4) Plant
agriculture, being defined herein as the growing of plants, both food and
fiber,
to sell and/or consume.
(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 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 defined in
section 34-37-3 of the general laws.
(g) Notwithstanding any
other provisions of this chapter, plant agriculture, being defined
as the growing of plants for both food and fiber, to
sell and/or consume, is a permitted
use within
all residential use 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,. consistent
with the "Rhode Island Right to Farm Act", chapter 2-23, including
the provisions that this chapter does not apply to
agricultural operations conducted in a malicious
or negligent manner, and the director of the department
of environmental management, in
consultation with the chief of the division of agriculture, shall determine
what is agriculture, or an
agricultural activity use or operation.
SECTION 2. This act shall take effect upon passage.
=======
LC01598/SUB A
=======