Rhode Island HB 7743: AN ACT RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES (Allows occupancy of an accessory dwelling unit of a single-family dwelling by a family member generally, and allows municipalities to establish standards for the construction of accessory dwelling units.)

Bill Text

2020 -- H 7743
========
LC004973
========
S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2020
____________

A N A C T
RELATING TO TOWNS AND CITIES – ZONING ORDINANCES
Introduced By: Representatives Noret, Marszalkowski, Vella-Wilkinson, Serodio, and
Amore
Date Introduced: February 26, 2020
Referred To: House Judiciary

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 1
entitled "Zoning Ordinances" are hereby amended to read as follows: 2
45-24-31. Definitions. 3
Where words or terms used in this chapter are defined in § 45-22.2-4 or 45-23-32, they 4
have the meanings stated in that section. In addition, the following words have the following 5
meanings. Additional words and phrases may be used in developing local ordinances under this 6
chapter; however, the words and phrases defined in this section are controlling in all local 7
ordinances created under this chapter: 8
(1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with 9
no intervening land. 10
(2) Accessory dwelling unit. A dwelling unit: (i) Rented to and occupied either by one or 11
more members of the family of the occupant or occupants of the principal residence; or (ii) 12
Reserved for rental occupancy by a person or a family where the principal residence is owner 13
occupied and that meets the following provisions: 14
(A) In zoning districts that allow residential uses, no more than one accessory dwelling unit 15
may be an accessory to a single-family dwelling. 16
(B) An accessory dwelling unit shall include separate cooking and sanitary facilities, with 17
its own legal means of ingress and egress, and is a complete, separate dwelling unit. The accessory 18
dwelling unit shall be within, or attached to, the principal dwelling-unit structure or within an 19

LC004973 - Page 2 of 12
existing structure, such as a garage or barn, and designed so that the appearance of the principal 1
structure remains that of a one-family residence. 2
(2) Accessory dwelling unit. A dwelling unit that is accessory to a single-family dwelling 3
and reserved for general or rental occupancy. Accessory dwelling units shall: 4
(i) Include separate cooking facilities, sanitary facilities, and their own legal means of 5
ingress and egress; 6
(ii) Be a complete, separate dwelling unit; and 7
(iii) Comply with local regulations that establish standards for the construction of accessory 8
dwelling units, including, but not limited to, height, setback, physical design, and maximum square 9
footage. 10
(3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental 11
and subordinate to the principal use of the land or building. An accessory use may be restricted to 12
the same lot as the principal use. An accessory use shall not be permitted without the principal use 13
to which it is related. 14
(4) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be: 15
(i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her, 16
or its property will be injured by a decision of any officer or agency responsible for administering 17
the zoning ordinance of a city or town; or 18
(ii) Anyone requiring notice pursuant to this chapter. 19
(5) Agricultural land. "Agricultural land," as defined in § 45-22.2-4. 20
(6) Airport hazard area. "Airport hazard area," as defined in § 1-3-2. 21
(7) Applicant. An owner, or authorized agent of the owner, submitting an application or 22
appealing an action of any official, board, or agency. 23
(8) Application. The completed form, or forms, and all accompanying documents, exhibits, 24
and fees required of an applicant by an approving authority for development review, approval, or 25
permitting purposes. 26
(9) Buffer. Land that is maintained in either a natural or landscaped state, and is used to 27
screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-way. 28
(10) Building. Any structure used or intended for supporting or sheltering any use or 29
occupancy. 30
(11) Building envelope. The three-dimensional space within which a structure is permitted 31
to be built on a lot and that is defined by regulations governing building setbacks, maximum height, 32
and bulk; by other regulations; or by any combination thereof. 33
(12) Building height. For a vacant parcel of land, building height shall be measured from 34

LC004973 - Page 3 of 12
the average, existing-grade elevation where the foundation of the structure is proposed. For an 1
existing structure, building height shall be measured from average grade taken from the outermost 2
four (4) corners of the existing foundation. In all cases, building height shall be measured to the top 3
of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, 4
chimneys, flag poles, and the like. For any propert