The bill proposes amendments to Chapter 45-24, "Zoning Ordinances," of the General Laws, effective January 1, 2024. It introduces a new section (45-24-31) that defines various zoning-related terms, such as "accessory dwelling unit (ADU)," "building height," "community residence," and "development," among others. These definitions are intended to standardize the application of zoning laws across local jurisdictions. The bill also defines additional terms like "Floating zone," "Floodplains," "Freeboard," "Groundwater," and "Household," setting specific criteria for each and establishing a minimum number of unrelated persons that can live together as three, according to local ordinance.
The bill includes changes to the requirements for zoning variances and special-use permits. It removes the language that hardship should not be primarily for financial gain and the requirement that the relief granted must be the least necessary. It also amends the provisions for special-use permits, requiring zoning ordinances to establish specific and objective criteria for each category of special-use permit. The bill authorizes the zoning enforcement officer to grant modifications to dimensional requirements up to 15%, with the possibility for greater modifications as allowed by the ordinance. Additionally, it outlines the process for public notice and hearings for modifications greater than 5%, and specifies that modifications should not substantially injure neighboring properties and must be in harmony with the comprehensive plan and zoning ordinance. The act will take effect on January 1, 2024.