The bill amends Section 45-23-32 of the General Laws in Chapter 45-23, which deals with the "Subdivision of Land," by introducing a new definitions section that clarifies terms related to land development and subdivision. It specifically defines "minor subdivisions" to include oversized lot subdivisions, allowing for the creation of residential lots that may not meet minimum size requirements if they are equal to or greater in area than fifty percent of the residential lots within two hundred feet of the proposed subdivision, as confirmed by a registered professional engineer, surveyor, or certified planner. This aims to facilitate the development of vacant lots while ensuring compliance with local regulations.
Additionally, the bill modifies Sections 45-24-38 and 45-24-46 in Chapter 45-24, which pertains to "Zoning Ordinances." It permits neighborhood character-based modifications (NCBM) for parcels with water and sewer connections, allowing for dimensional relief from setbacks, height, frontage, lot coverage, lot size, lot width, and lot depth, up to the average dimensions of the comparable existing built environment. The bill outlines specific criteria for granting NCBM, including that the resulting lots must not be less than three thousand square feet in size and that the average dimensions of comparable existing parcels must be calculated based on certain criteria.
The zoning enforcement officer is authorized to make determinations regarding NCBM requests and to issue permits for modifications that do not exceed thirty percent of the zoning requirements without public notice. For modifications exceeding thirty percent, the officer must notify abutting property owners and publish a notice in a local newspaper, allowing for public objections. The act is set to take effect on January 1, 2026.
Statutes affected: 5799: 45-23-32
5799 SUB A: 45-23-32