This bill proposes amendments to the zoning and land use regulations by adding and modifying definitions relevant to zoning laws, such as "Abutter," "Accessory dwelling unit (ADU)," "Building," "Building envelope," "Cluster," "Common ownership," "Community residence," and many others. These definitions are essential for the interpretation and application of zoning laws. The bill introduces a new section (45-24-37) effective January 1, 2024, which outlines permitted uses within various zoning districts, lists all land uses and performance standards, and allows for a procedure to evaluate proposed land uses not specifically listed. It also declares certain uses as permitted in all residential zoning districts and addresses temporary housing solutions, accessibility for people with disabilities, and the status of ADUs, promoting the adaptive reuse of commercial buildings into residential units or mixed-use developments.

Significant changes are proposed for ADUs, removing previous restrictions and allowing one ADU per primary dwelling by right under certain conditions, such as for family members with disabilities or those over 62 years old, or based on lot size and zoning. The bill sets a maximum size for ADUs, prohibits discriminatory tenant restrictions, excessive fees, or unnecessary infrastructure improvements, and prevents municipalities from imposing more restrictive requirements on ADUs than on other accessory structures. It requires zoning relief for ADU applications within the existing footprint and height of the primary or accessory structure and limits ADUs to lots with preexisting dwellings. The bill also outlines the administrative review process for ADUs, allows municipalities to exempt ADUs from certain fees, and establishes that private restrictions on ADUs that conflict with this section shall be void. The act takes effect upon passage, repealing and replacing Section 45-24-74 of the General Laws with new provisions consistent with the changes made.

Statutes affected:
2630: 45-24-74