Chapter 458
2013 -- S 0544 SUBSTITUTE A
Enacted 07/16/13
A N A C T
RELATING TO
TOWNS AND CITIES -- SUBDIVISION OF LAND
Introduced By: Senator Michael J. McCaffrey
Date Introduced: February 28, 2013
It is enacted by the General
Assembly as follows:
SECTION 1. Sections 45-23-32 and 45-23-44 of the General
Laws in Chapter 45-23
entitled "Subdivision of Land" are hereby amended to
read as follows:
45-23-32.
Definitions. -- Where words or phrases used in
this chapter are defined in the
definitions section of either the Rhode Island Comprehensive
Planning and Land Use Regulation
Act, section 45-22.2-4, or the Rhode Island Zoning
Enabling Act of 1991, section 45-24-31, they
have the meanings stated in those acts. Additional words
and phrases may be defined in local
ordinances, regulations and rules under this act. The words and
phrases defined in this section,
however, shall be controlling in all local ordinances,
regulations, and rules created under this
chapter. See also section 45-23-34. In addition, the
following words and phrases have the
following meanings:
(1) Administrative
officer. - The municipal official designated by the local regulations to
administer the land development and subdivision regulations and
to coordinate with local boards
and commissions, municipal staff and state agencies. The
administrative officer may be a member
of, or the chair, of the planning board, or an appointed
official of the municipality. See section
45-23-55.
(2) Administrative
subdivision. - Re-subdivision of existing lots which yields no
additional lots for development, and involves no creation or
extension of streets. The re-
subdivision only involves divisions, mergers, mergers and
division, or adjustments of boundaries
of existing lots.
(3) Board of appeal. -
The local review authority for appeals of actions of the
administrative officer and the planning board on matters of land
development or subdivision,
which shall be the local zoning board of review constituted
as the board of appeal. See section 45-
23-57.
(4) Bond. - See
improvement guarantee.
(5) Buildable lot. - A
lot where construction for the use(s) permitted on the site under the
local zoning ordinance is considered practicable by the
planning board, considering the physical
constraints to development of the site as well as the
requirements of the pertinent federal, state
and local regulations. See section
45-23-60(4).
(6) Certificate of
completeness. - A notice issued by the administrative officer informing
an applicant that the application is complete and meets
the requirements of the municipality's
regulations, and that the applicant may proceed with the approval
process.
(7) Concept plan. - A
drawing with accompanying information showing the basic
elements of a proposed land development plan or subdivision as
used for pre-application
meetings and early discussions, and classification of the
project within the approval process.
(8) Consistency with
the comprehensive plan. - A requirement of all local land use
regulations which means that all these regulations and subsequent
actions are in accordance with
the public policies arrived at through detailed study and
analysis and adopted by the municipality
as the comprehensive community plan as specified in
section 45-22.2-3.
(9) Dedication,
fee-in-lieu-of. - Payments of cash which are authorized in the local
regulations when requirements for mandatory dedication of land
are not met because of physical
conditions of the site or other reasons. The conditions under
which the payments will be allowed
and all formulas for calculating the amount shall be
specified in advance in the local regulations.
See section 45-23-47.
(10) Development regulation.
- Zoning, subdivision, land development plan,
development plan review, historic district, official map, flood
plain regulation, soil erosion
control or any other governmental regulation of the use and
development of land.
(11) Division of land.
- A subdivision.
(12) Environmental
constraints. - Natural features, resources, or land characteristics that
are sensitive to change and may require conservation
measures or the application of special
development techniques to prevent degradation of the site, or may
require limited development,
or in certain instances, may preclude development. See
also physical constraints to development.
(13) Final plan. - The
final stage of land development and subdivision review. See
section 45-23-43.
(14) Final plat. - The
final drawing(s) of all or a portion of a subdivision to be recorded
after approval by the planning board and any accompanying
material as described in the
community's regulations and/or required by the planning board.
(15) Floor area, gross.
-
(16) Governing body. -
The body of the local government, generally the city or town
council, having the power to adopt ordinances, accept public
dedications, release public
improvement guarantees, and collect fees.
(17) Improvement. - Any
natural or built item which becomes part of, is placed upon, or
is affixed to, real estate.
(18) Improvement
guarantee. - A security instrument accepted by a municipality to
ensure that all improvements, facilities, or work required
by the land development and
subdivision regulations, or required by the municipality as a
condition of approval, will be
completed in compliance with the approved plans and
specifications of a development. See
section 45-23-46.
(19) Local regulations.
- The land development and subdivision review regulations
adopted under the provisions of this act. For purposes of
clarification, throughout this act, where
reference is made to local regulations, it is be understood as
the land development and
subdivision review regulations and all related ordinances and
rules properly adopted pursuant to
this chapter.
(20) Maintenance
guarantee. - Any security instrument which may be required and
accepted by a municipality to ensure that necessary
improvements will function as required for a
specific period of time. See improvement guarantee.
(21)
minor land development plan.
(22) Major subdivision.
- Any subdivision not classified as either an administrative
subdivision or a minor subdivision.
(23) Master plan. - An
overall plan for a proposed project site outlining general, rather
than detailed, development intentions. It describes the
basic parameters of a major development
proposal, rather than giving full engineering details.
Required in major land development or
major subdivision review. See section 45-23-40.
(24) Minor land
development plan. - A development plan for a residential project as
defined in local regulations, provided that the development
does not require waivers or
modifications as specified in this act. All nonresidential land
development projects are considered
major land development plans.
(25) Minor subdivision.
- A plan for a subdivision of land consisting of five (5) or fewer
units or lots, provided that the subdivision does not
require waivers or modifications as specified
in this chapter.
(26) Modification of
requirements. - See section 45-23-62.
(27) Parcel. - A lot,
or contiguous group of lots in single ownership or under single
control, and usually considered a unit for purposes of
development. Also referred to as a tract.
(28) Parking area or
lot. - All that portion of a development that is used by vehicles, the
total area used for vehicular access, circulation, parking,
loading and unloading.
(29) Permitting
authority. - The local agency of government specifically empowered by
state enabling law and local ordinance to hear and decide
on specific matters pertaining to local
land use.
(30) Phased
development. - Development, usually for large-scale projects, where
construction of public and/or private improvements proceeds by
sections subsequent to approval
of a master plan for the entire site. See section
45-23-48.
(31) Physical
constraints to development. - Characteristics of a site or area, either natural
or man-made, which present significant difficulties to construction
of the uses permitted on that
site, or would require extraordinary construction methods.
See also environmental constraints.
(32) Planning board. -
The official planning agency of a municipality, whether
designated as the plan commission, planning commission, plan
board, or as otherwise known.
(33) Plat. - A drawing
or drawings of a land development or subdivision plan showing
the location, boundaries, and lot lines of individual
properties, as well as other necessary
information as specified in the local regulations.
(34) Pre-application
conference. - An initial meeting between developers and municipal
representatives which affords developers the opportunity to present
their proposals informally and
to receive comments and directions from the municipal
officials and others. See section 45-23-35.
(35) Preliminary plan.
- The required stage of land development and subdivision review
which requires detailed engineered drawings and all
required state and federal permits. See
section 45-23-41.
(36) Public
improvement. - Any street or other roadway, sidewalk, pedestrian way, tree,
lawn, off-street parking area, drainage feature, or other
facility for which the local government or
other governmental entity either is presently responsible,
or will ultimately assume the
responsibility for maintenance and operation upon municipal
acceptance.
(37) Public
informational meeting. - A meeting of the planning board or governing body
preceded by a notice, open to the public and at which the
public is heard.
(38) Re-subdivision. -
Any change of an approved or recorded subdivision plat or in a lot
recorded in the municipal land evidence records, or that
affects the lot lines of any areas reserved
for public use, or that affects any map or plan legally
recorded prior to the adoption of the local
land development and subdivision regulations. For the
purposes of this act any action constitutes
a subdivision.
(39) Slope of land.
- The grade, pitch, rise or incline of the topographic landform or
surface of the ground.
(39)(40)
Storm water detention. - A provision for storage of storm water runoff and the
controlled release of the runoff during and after a flood or
storm.
(40)(41) Storm
water retention. - A provision for storage of storm water runoff.
(41)(42)
Street. - A public or private thoroughfare used, or intended to be used, for
passage or travel by motor vehicles. Streets are further
classified by the functions they perform.
See street classification.
(42)(43)
Street, access to. - An adequate and permanent way of entering a lot. All lots
of
record shall have access to a public street for all vehicles
normally associated with the uses
permitted for that lot.
(43)(44)
Street, alley. - A public or private thoroughfare primarily designed to serve
as
secondary access to the side or rear of those properties whose
principal frontage is on some other
street.
(44)(45)
Street, cul-de-sac. - A local street with only one outlet and having an
appropriate vehicular turnaround, either temporary or permanent,
at the closed end.
(45)(46)
Street, limited access highway. - A freeway or expressway providing for
through traffic. Owners or occupants of abutting property on
lands and other persons have no
legal right to access, except at the points and in the
manner as may be determined by the public
authority having jurisdiction over the highway.
(46)(47)
Street, private. - A thoroughfare established as a separate tract for the
benefit of
multiple, adjacent properties and meeting specific, municipal
improvement standards. This
definition does not apply to driveways.
(47)(48)
Street, public. - All public property reserved or dedicated for street traffic.
(48)(49)
Street, stub. - A portion of a street reserved to provide access to future
development, which may provide for utility connections.
(49)(50)
Street classification. - A method of roadway organization which identifies a
street hierarchy according to function within a road system,
that is, types of vehicles served and
anticipated volumes, for the purposes of promoting safety,
efficient land use and the design
character of neighborhoods and districts. Local classifications
use the following as major
categories:
(a)
Arterial. - A major street that serves as an avenue for the circulation of
traffic into,
out of, or around the municipality and carries high
volumes of traffic.
(b) Collector. - A street
whose principal function is to carry traffic between local streets
and arterial streets but that may also provide direct
access to abutting properties.
(c)
Local. - Streets whose primary function is to provide access to abutting
properties.
(50)(51) Subdivider. - Any person who (1) having an interest in
land, causes it, directly
or indirectly, to be divided into a subdivision or who
(2) directly or indirectly sells, leases, or
develops, or offers to sell, lease, or develop, or advertises
to sell, lease, or develop, any interest,
lot, parcel, site, unit, or plat in a subdivision, or who
(3) engages directly or through an agent in
the business of selling, leasing, developing, or offering
for sale, lease, or development a
subdivision or any interest, lot, parcel, site, unit, or plat in
a subdivision.
(51)(52)
Subdivision. - The division or re-division, of a lot, tract or parcel of land
into
two or more lots, tracts, or parcels. Any adjustment to
existing lot lines of a recorded lot by any
means is considered a subdivision. All re-subdivision
activity is considered a subdivision. The
division of property for purposes of financing constitutes a
subdivision.
(52)(53)
Technical review committee. - A committee appointed by the planning board
for the purpose of reviewing, commenting, and making
recommendations to the planning board
with respect to approval of land development and
subdivision applications.
(53)(54)
Temporary improvement. - Improvements built and maintained by a developer
during construction of a development project and prior to
release of the improvement guarantee,
but not intended to be permanent.
(54)(55)
Vested rights. - The right to initiate or continue the development of an
approved
project for a specified period of time, under the regulations
that were in effect at the time of
approval, even if, after the approval, the regulations change
prior to the completion of the project.
(55)(56)
Waiver of requirements. - See section 45-23-62.
45-23-44. General
provisions -- Physical design requirements. -- (a) All
local
regulations shall specify, through reasonable, objective
standards and criteria, all physical design
requirements for subdivisions and land the
development projects which are to be reviewed and
approved pursuant to the regulations. Regulations shall
specify all requirements and policies for
subdivisions and land development projects which are not contained
in the municipality's zoning
ordinance.
(b) Nothing in this section
shall be construed to restrict a municipality's right, within state
and local regulations, to establish its own minimum lot
size per zoning district in its town or city.
(c) The slope of land
shall not be excluded from the calculation of the buildable lot area
or the minimum lot size, or in the calculation of the
number of buildable lots or units.
(b)(d)
The requirements and policies may include, but are not limited to, requirements
and policies for rights-of-way, open space, landscaping,
connections of proposed streets and
drainage systems with those of the surrounding neighborhood,
public access through property to
adjacent public property, and the relationship of proposed
developments to natural and man-made
features of the surrounding neighborhood.
(c)(e)
The regulations shall specify all necessary findings, formulas for calculations
and
procedures for meeting the requirements and policies. These
requirements and policies apply to
all subdivisions and land development projects reviewed
and/or administered under the local
regulations.
SECTION 2. Sections 45-24-31 and 45-24-33 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 or 45-23-32, 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 one or more
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)
ordinance upon which a use, building or structure may be
located in a particular zoning district.
(40)(41)
buildings and accessory buildings.
(41)(42)
For lots where the front and rear lot lines are not
parallel, the lot depth is an average of the depth.
(42)(43)
specify how noncontiguous frontage will be considered with
regard to minimum frontage
requirements.
(43)(44)
lot 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.
(45)
herein.
(44)(46)
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)(47)
right angles to its depth along a straight line parallel to
the front lot line at the minimum front
setback line.
(46)(48)
Mere Inconvenience. - See section 45-24-41.
(47)(49)
Mixed Use. - A mixture of land uses within a single development, building, or
tract.
(48)(50)
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)(51)
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)(52) 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)(53)
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)(54)
Permitted Use. - A use by right which is specifically authorized in a
particular
zoning district.
(53)(55)
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)(56)
Plant Agriculture. - The growing of plants for food or fiber, to sell or
consume.
(55)(57) 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.
(56)(58)
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.
(59) Slope of Land. -
The grade, pitch, rise or incline of the topographic landform or
surface of the ground.
(57)(60)
Site Plan. - The development plan for one or more lots on which is shown the
existing and/or the proposed conditions of the lot.
(58)(61)
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.
(59)(62)
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.
(60)(63)
Substandard
or amendment of a zoning ordinance and not in
conformance with the dimensional and/or area
provisions of that ordinance.
(61)(64)
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.
(62)(65)
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.
(63)(66)
Waters. - As defined in section 46-12-1(23).
(64)(67)
Wetland, Coastal. - As defined in section 45-22.2-4.
(65)(68)
Wetland, Freshwater. - As defined in section 2-1-20.
(66)(69)
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.
(67)(70)
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.
(68)(71)
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.
(69)(72) 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.
45-24-33.
Standard provisions. -- (a) A zoning ordinance
addresses each of the purposes
stated in section 45-24-30 and addresses, through reasonable
objective standards and criteria, the
following general provisions which are numbered for reference
purposes only:
(1) Permitting,
prohibiting, limiting, and restricting the development of land and
structures in zoning districts, and regulating those land and
structures according to their type, and
the nature and extent of their use;
(2) Regulating the
nature and extent of the use of land for residential, commercial,
industrial, institutional, recreational, agricultural, open
space, or other use or combination of uses,
as the need for land for those purposes is determined by
the city or town's comprehensive plan;
(3) Permitting,
prohibiting, limiting, and restricting buildings, structures, land uses, and
other development by performance standards, or other
requirements, related to air and water and
groundwater quality, noise and glare, energy consumption, soil
erosion and sedimentation, and/or
the availability and capacity of existing and planned
public or private services;
(4) Regulating within
each district and designating requirements for:
(i)
The height, number of stories, and size of buildings;
(ii) The dimensions,
size, lot coverage, floor area ratios, and layout of lots or
development areas;
(iii) The density and
intensity of use;
(iv)
Access to air and light, views, and solar access;
(v) Open space, yards,
courts, and buffers;
(vi)
Parking areas, road design, and, where appropriate, pedestrian, bicycle,
and other
circulator systems;
(vii) Landscaping,
fencing, and lighting;
(viii) Appropriate
drainage requirements and methods to manage stormwater
runoff;
(ix) Public access to waterbodies, rivers, and streams; and
(x) Other requirements
in connection with any use of land or structure;
(5) Permitting,
prohibiting, limiting, and restricting development in flood plains or flood
hazard areas and designated significant natural areas;
(6) Promoting the
conservation of energy and promoting energy-efficient patterns of
development;
(7) Providing for the
protection of existing and planned public drinking water supplies,
their tributaries and watersheds, and the protection of
watershed;
(8) Providing for
adequate, safe, and efficient transportation systems; and avoiding
congestion by relating types and levels of development to the
capacity of the circulation system,
and maintaining a safe level of service of the system;
(9) Providing for the preservation
and enhancement of the recreational resources of the
city or town;
(10) Promoting an
economic climate which increases quality job opportunities and the
overall economic well-being of the city or town and the
state;
(11) Providing for
pedestrian access to and between public and private facilities,
including, but not limited to schools, employment centers,
shopping areas, recreation areas, and
residences;
(12) Providing
standards for and requiring the provision of adequate and properly
designed physical improvements, including plantings, and the
proper maintenance of property;
(13) Permitting,
prohibiting, limiting, and restricting land use in areas where
development is deemed to create a hazard to the public health or
safety;
(14) Permitting,
prohibiting, limiting, and restricting extractive industries and earth
removal and requiring restoration of land after these
activities;
(15) Regulating
sanitary landfill, except as otherwise provided by state statute;
(16) Permitting,
prohibiting, limiting, and restricting signs and billboards, and other
outdoor advertising devices;
(17) Designating
airport hazard areas under the provisions of chapter 3 of title 1, and
enforcement of airport hazard area zoning regulations under the
provisions established in that
chapter;
(18) Designating areas
of historic, cultural, and/or archaeological value and regulating
development in those areas under the provisions of chapter 24.1
of this title;
(19) Providing
standards and requirements for the regulation, review, and approval of
any proposed development in connection with those uses of
land, buildings, or structures
specifically designated as subject to development plan review in a
zoning ordinance;
(20) Designating
special protection areas for water supply and limiting or prohibiting
development in these areas, except as otherwise provided by state
statute;
(21) Specifying
requirements for safe road access to developments from existing streets,
including limiting the number, design, and location of curb
cuts, and provisions for internal
circulation systems for new developments, and provisions for
pedestrian and bicycle ways; and
(22) Reducing unnecessary
delay in approving or disapproving development
applications, through provisions for preapplication
conferences and other means.
(23) Providing for the
application of the Rhode Island Fair Housing Practices Act,
chapter 37 of title 34, the United States Fair Housing
Amendments Act of 1988 (FHAA), the
Rhode Island Civil Rights People with Disabilities
Act, chapter 37 of title 42, and the Americans
with Disabilities Act of 1990 (
(24) Regulating drive-through
windows of varied intensity of use when associated with
land use activities and providing standards and
requirements for the regulation, review and
approval of the drive-through windows, including, but not
limited to:
(i)
Identifying within which zoning districts drive-through windows may be
permitted,
prohibited, or permitted by special use permit;
(ii) Specifying
requirements for adequate traffic circulation; and
(iii) Providing for
adequate pedestrian safety and access, including issues concerning
safety and access for those with disabilities.
(b) A zoning ordinance
may include special provisions for any or all of the following:
(1) Authorizing
development incentives, including, but not limited to, additional
permitted uses, increased development and density or additional
design or dimensional flexibility
in exchange for
known as incentive zoning, for purposes of providing increases in the
permitted
use or dimension as a condition for, but not limited to:
(i)
Increased open space;
(ii)
Increased housing choices;
(iii) Traffic and
pedestrian improvements;
(iv)
Public and/or private facilities; and/or
(v) Other amenities as
desired by the city or town and consistent with its comprehensive
plan. The provisions in the ordinance shall include
maximum allowable densities of population
and/or intensities of use and shall indicate the type of
improvements, amenities, and/or
conditions. Conditions may be made for donation in lieu of direct
provisions for improvements or
amenities;
(2) Establishing a
system for transfer of development rights within or between zoning
districts designated in the zoning ordinance; and
(3) Regulating the development
adjacent to designated scenic highways, scenic
waterways, major thoroughfares, public greenspaces,
or other areas of special public investment
or valuable natural resources.
(c) Slope of land
shall not be excluded from the calculation of the buildable lot area or
the minimum lot size, or in the calculation of the number
of buildable lots or units.
(d) Nothing in this
section shall be construed to restrict a municipality's right, within state
and local regulations, to establish its own minimum lot
size per zoning district in its town or city.
SECTION 3. This act shall take effect on January 1, 2014.
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LC01000/SUB A
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