Chapter 369
2012 -- S 2612 SUBSTITUTE A
Enacted 06/21/12
A N A C T
RELATING TO
TOWNS AND CITIES - ZONING ORDINANCES
Introduced By: Senator William A. Walaska
Date Introduced: March 01, 2012
It is enacted by the
General Assembly as follows:
SECTION 1. Section 45-24-30 of the General Laws in Chapter
45-24 entitled "Zoning
Ordinances" is hereby
amended to read as follows:
45-24-30.
General purposes of zoning ordinances. -- Zoning
regulations shall be
developed and maintained in accordance with a comprehensive
plan prepared, adopted, and as
may be amended, in accordance with chapter 22.2 of this
title and shall be designed to address the
following purposes. The general assembly recognizes these
purposes, each with equal priority and
numbered for reference purposes only.
(1) Promoting the
public health, safety, and general welfare.
(2) Providing for a
range of uses and intensities of use appropriate to the character of the
city or town and reflecting current and expected future
needs.
(3) Providing for
orderly growth and development which recognizes:
(i)
The goals and patterns of land use contained in the comprehensive plan of the
city or
town adopted pursuant to chapter 22.2 of this title;
(ii) The natural
characteristics of the land, including its suitability for use based on soil
characteristics, topography, and susceptibility to surface or
groundwater pollution;
(iii) The values and dynamic
nature of coastal and freshwater ponds, the shoreline, and
freshwater and coastal wetlands;
(iv)
The values of unique or valuable natural resources and features;
(v) The availability
and capacity of existing and planned public and/or private services
and facilities;
(vi)
The need to shape and balance urban and rural development; and
(vii) The use of
innovative development regulations and techniques.
(4) Providing for the
control, protection, and/or abatement of air, water, groundwater,
and noise pollution, and soil erosion and sedimentation.
(5) Providing for the
protection of the natural, historic, cultural, and scenic character of
the city or town or areas in the municipality.
(6) Providing for the
preservation and promotion of agricultural production, forest,
silviculture, aquaculture, timber resources, and open space.
(7) Providing for the
protection of public investment in transportation, water, stormwater
management systems, sewage treatment and disposal, solid waste
treatment and disposal, schools,
recreation, public facilities, open space, and other public
requirements.
(8) Promoting a balance
of housing choices, for all income levels and groups, to assure
the health, safety and welfare of all citizens and their
rights to affordable, accessible, safe, and
sanitary housing.
(9) Providing
opportunities for the establishment of low and moderate income housing.
(10) Promoting safety
from fire, flood, and other natural or unnatural disasters.
(11) Promoting a high
level of quality in design in the development of private and public
facilities.
(12) Promoting
implementation of the comprehensive plan of the city or town adopted
pursuant to chapter 22.2 of this title.
(13) Providing for
coordination of land uses with contiguous municipalities, other
municipalities, the state, and other agencies, as appropriate,
especially with regard to resources
and facilities that extend beyond municipal boundaries or
have a direct impact on that
municipality.
(14) Providing for
efficient review of development proposals, to clarify and expedite the
zoning approval process.
(15) Providing for
procedures for the administration of the zoning ordinance, including,
but not limited to, variances, special-use permits, and,
where adopted, procedures for
modifications.
(16) Providing
opportunities for reasonable accommodations in order to comply with the
Rhode Island Fair Housing Practices Act, chapter 37 of
title 34, the United States Fair Housing
Amendments Act of 1988 (FHAA), the
Act, chapter 87 of title 42, and the
Americans with Disabilities Act of 1990 (
section 12101 et seq.
Provided, however,
that any zoning ordinance in which a community sets forth standards
or requirements for the location, design, construction,
or maintenance of on-site sewage disposal
systems shall first be submitted to the director of the
department of environmental management
and the department of health for approval as to the
technical merits of the ordinance. In addition,
any zoning ordinance in which a municipality sets forth
standards regarding wetland setbacks or
requirements, shall first be submitted to the director of the
department of environmental
management for approval as to the technical merits of the
ordinance.
SECTION 2. This act shall take effect upon passage.
=======
LC01838/SUB A
=======