§ 45-24-33 Standard provisions. – (a) A zoning ordinance addresses each of the purposes stated in § 45-24-30and addresses, through reasonable objective standards and criteria, thefollowing general provisions which are numbered for reference purposes only:
(1) Permitting, prohibiting, limiting, and restricting thedevelopment of land and structures in zoning districts, and regulating thoseland and structures according to their type, and the nature and extent of theiruse;
(2) Regulating the nature and extent of the use of land forresidential, commercial, industrial, institutional, recreational, agricultural,open space, or other use or combination of uses, as the need for land for thosepurposes is determined by the city or town's comprehensive plan;
(3) Permitting, prohibiting, limiting, and restrictingbuildings, structures, land uses, and other development by performancestandards, or other requirements, related to air and water and groundwaterquality, noise and glare, energy consumption, soil erosion and sedimentation,and/or the availability and capacity of existing and planned public or privateservices;
(4) Regulating within each district and designatingrequirements 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 tomanage stormwater runoff;
(ix) Public access to waterbodies, rivers, and streams; and
(x) Other requirements in connection with any use of land orstructure;
(5) Permitting, prohibiting, limiting, and restrictingdevelopment in flood plains or flood hazard areas and designated significantnatural areas;
(6) Promoting the conservation of energy and promotingenergy-efficient patterns of development;
(7) Providing for the protection of existing and plannedpublic drinking water supplies, their tributaries and watersheds, and theprotection of Narragansett Bay, its tributaries and watershed;
(8) Providing for adequate, safe, and efficienttransportation systems; and avoiding congestion by relating types and levels ofdevelopment to the capacity of the circulation system, and maintaining a safelevel of service of the system;
(9) Providing for the preservation and enhancement of therecreational resources of the city or town;
(10) Promoting an economic climate which increases qualityjob opportunities and the overall economic well-being of the city or town andthe state;
(11) Providing for pedestrian access to and between publicand private facilities, including, but not limited to schools, employmentcenters, shopping areas, recreation areas, and residences;
(12) Providing standards for and requiring the provision ofadequate and properly designed physical improvements, including plantings, andthe proper maintenance of property;
(13) Permitting, prohibiting, limiting, and restricting landuse in areas where development is deemed to create a hazard to the publichealth or safety;
(14) Permitting, prohibiting, limiting, and restrictingextractive industries and earth removal and requiring restoration of land afterthese activities;
(15) Regulating sanitary landfill, except as otherwiseprovided by state statute;
(16) Permitting, prohibiting, limiting, and restricting signsand billboards, and other outdoor advertising devices;
(17) Designating airport hazard areas under the provisions ofchapter 3 of title 1, and enforcement of airport hazard area zoning regulationsunder the provisions established in that chapter;
(18) Designating areas of historic, cultural, and/orarchaeological value and regulating development in those areas under theprovisions 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 usesof land, buildings, or structures specifically designated as subject todevelopment plan review in a zoning ordinance;
(20) Designating special protection areas for water supplyand limiting or prohibiting development in these areas, except as otherwiseprovided by state statute;
(21) Specifying requirements for safe road access todevelopments from existing streets, including limiting the number, design, andlocation of curb cuts, and provisions for internal circulation systems for newdevelopments, and provisions for pedestrian and bicycle ways; and
(22) Reducing unnecessary delay in approving or disapprovingdevelopment applications, through provisions for preapplication conferences andother means.
(23) Providing for the application of the Rhode Island FairHousing Practices Act, chapter 37 of title 34, the United States Fair HousingAmendments Act of 1988 (FHAA), the Rhode Island Civil Rights People withDisabilities Act, chapter 37 of title 42, and the Americans with DisabilitiesAct of 1990 (ADA), 42 U.S.C. § 12101 et seq.
(24) Regulating drive-through windows of varied intensity ofuse when associated with land use activities and providing standards andrequirements for the regulation, review and approval of the drive-throughwindows, including, but not limited to:
(i) Identifying within which zoning districts drive-throughwindows may be permitted, prohibited, or permitted by special use permit;
(ii) Specifying requirements for adequate trafficcirculation; 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 anyor all of the following:
(1) Authorizing development incentives, known as incentivezoning, for purposes of providing increases in the permitted use or dimensionas 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 andconsistent with its comprehensive plan. The provisions in the ordinance shallinclude maximum allowable densities of population and/or intensities of use andshall indicate the type of improvements, amenities, and/or conditions.Conditions may be made for donation in lieu of direct provisions forimprovements or amenities;
(2) Establishing a system for transfer of development rightswithin or between zoning districts designated in the zoning ordinance; and
(3) Regulating the development adjacent to designated scenichighways, scenic waterways, major thoroughfares, public greenspaces, or otherareas of special public investment or valuable natural resources.
§ 45-24-33 Standard provisions. – (a) A zoning ordinance addresses each of the purposes stated in § 45-24-30and addresses, through reasonable objective standards and criteria, thefollowing general provisions which are numbered for reference purposes only:
(1) Permitting, prohibiting, limiting, and restricting thedevelopment of land and structures in zoning districts, and regulating thoseland and structures according to their type, and the nature and extent of theiruse;
(2) Regulating the nature and extent of the use of land forresidential, commercial, industrial, institutional, recreational, agricultural,open space, or other use or combination of uses, as the need for land for thosepurposes is determined by the city or town's comprehensive plan;
(3) Permitting, prohibiting, limiting, and restrictingbuildings, structures, land uses, and other development by performancestandards, or other requirements, related to air and water and groundwaterquality, noise and glare, energy consumption, soil erosion and sedimentation,and/or the availability and capacity of existing and planned public or privateservices;
(4) Regulating within each district and designatingrequirements 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 tomanage stormwater runoff;
(ix) Public access to waterbodies, rivers, and streams; and
(x) Other requirements in connection with any use of land orstructure;
(5) Permitting, prohibiting, limiting, and restrictingdevelopment in flood plains or flood hazard areas and designated significantnatural areas;
(6) Promoting the conservation of energy and promotingenergy-efficient patterns of development;
(7) Providing for the protection of existing and plannedpublic drinking water supplies, their tributaries and watersheds, and theprotection of Narragansett Bay, its tributaries and watershed;
(8) Providing for adequate, safe, and efficienttransportation systems; and avoiding congestion by relating types and levels ofdevelopment to the capacity of the circulation system, and maintaining a safelevel of service of the system;
(9) Providing for the preservation and enhancement of therecreational resources of the city or town;
(10) Promoting an economic climate which increases qualityjob opportunities and the overall economic well-being of the city or town andthe state;
(11) Providing for pedestrian access to and between publicand private facilities, including, but not limited to schools, employmentcenters, shopping areas, recreation areas, and residences;
(12) Providing standards for and requiring the provision ofadequate and properly designed physical improvements, including plantings, andthe proper maintenance of property;
(13) Permitting, prohibiting, limiting, and restricting landuse in areas where development is deemed to create a hazard to the publichealth or safety;
(14) Permitting, prohibiting, limiting, and restrictingextractive industries and earth removal and requiring restoration of land afterthese activities;
(15) Regulating sanitary landfill, except as otherwiseprovided by state statute;
(16) Permitting, prohibiting, limiting, and restricting signsand billboards, and other outdoor advertising devices;
(17) Designating airport hazard areas under the provisions ofchapter 3 of title 1, and enforcement of airport hazard area zoning regulationsunder the provisions established in that chapter;
(18) Designating areas of historic, cultural, and/orarchaeological value and regulating development in those areas under theprovisions 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 usesof land, buildings, or structures specifically designated as subject todevelopment plan review in a zoning ordinance;
(20) Designating special protection areas for water supplyand limiting or prohibiting development in these areas, except as otherwiseprovided by state statute;
(21) Specifying requirements for safe road access todevelopments from existing streets, including limiting the number, design, andlocation of curb cuts, and provisions for internal circulation systems for newdevelopments, and provisions for pedestrian and bicycle ways; and
(22) Reducing unnecessary delay in approving or disapprovingdevelopment applications, through provisions for preapplication conferences andother means.
(23) Providing for the application of the Rhode Island FairHousing Practices Act, chapter 37 of title 34, the United States Fair HousingAmendments Act of 1988 (FHAA), the Rhode Island Civil Rights People withDisabilities Act, chapter 37 of title 42, and the Americans with DisabilitiesAct of 1990 (ADA), 42 U.S.C. § 12101 et seq.
(24) Regulating drive-through windows of varied intensity ofuse when associated with land use activities and providing standards andrequirements for the regulation, review and approval of the drive-throughwindows, including, but not limited to:
(i) Identifying within which zoning districts drive-throughwindows may be permitted, prohibited, or permitted by special use permit;
(ii) Specifying requirements for adequate trafficcirculation; 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 anyor all of the following:
(1) Authorizing development incentives, known as incentivezoning, for purposes of providing increases in the permitted use or dimensionas 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 andconsistent with its comprehensive plan. The provisions in the ordinance shallinclude maximum allowable densities of population and/or intensities of use andshall indicate the type of improvements, amenities, and/or conditions.Conditions may be made for donation in lieu of direct provisions forimprovements or amenities;
(2) Establishing a system for transfer of development rightswithin or between zoning districts designated in the zoning ordinance; and
(3) Regulating the development adjacent to designated scenichighways, scenic waterways, major thoroughfares, public greenspaces, or otherareas of special public investment or valuable natural resources.
§ 45-24-33 Standard provisions. – (a) A zoning ordinance addresses each of the purposes stated in § 45-24-30and addresses, through reasonable objective standards and criteria, thefollowing general provisions which are numbered for reference purposes only:
(1) Permitting, prohibiting, limiting, and restricting thedevelopment of land and structures in zoning districts, and regulating thoseland and structures according to their type, and the nature and extent of theiruse;
(2) Regulating the nature and extent of the use of land forresidential, commercial, industrial, institutional, recreational, agricultural,open space, or other use or combination of uses, as the need for land for thosepurposes is determined by the city or town's comprehensive plan;
(3) Permitting, prohibiting, limiting, and restrictingbuildings, structures, land uses, and other development by performancestandards, or other requirements, related to air and water and groundwaterquality, noise and glare, energy consumption, soil erosion and sedimentation,and/or the availability and capacity of existing and planned public or privateservices;
(4) Regulating within each district and designatingrequirements 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 tomanage stormwater runoff;
(ix) Public access to waterbodies, rivers, and streams; and
(x) Other requirements in connection with any use of land orstructure;
(5) Permitting, prohibiting, limiting, and restrictingdevelopment in flood plains or flood hazard areas and designated significantnatural areas;
(6) Promoting the conservation of energy and promotingenergy-efficient patterns of development;
(7) Providing for the protection of existing and plannedpublic drinking water supplies, their tributaries and watersheds, and theprotection of Narragansett Bay, its tributaries and watershed;
(8) Providing for adequate, safe, and efficienttransportation systems; and avoiding congestion by relating types and levels ofdevelopment to the capacity of the circulation system, and maintaining a safelevel of service of the system;
(9) Providing for the preservation and enhancement of therecreational resources of the city or town;
(10) Promoting an economic climate which increases qualityjob opportunities and the overall economic well-being of the city or town andthe state;
(11) Providing for pedestrian access to and between publicand private facilities, including, but not limited to schools, employmentcenters, shopping areas, recreation areas, and residences;
(12) Providing standards for and requiring the provision ofadequate and properly designed physical improvements, including plantings, andthe proper maintenance of property;
(13) Permitting, prohibiting, limiting, and restricting landuse in areas where development is deemed to create a hazard to the publichealth or safety;
(14) Permitting, prohibiting, limiting, and restrictingextractive industries and earth removal and requiring restoration of land afterthese activities;
(15) Regulating sanitary landfill, except as otherwiseprovided by state statute;
(16) Permitting, prohibiting, limiting, and restricting signsand billboards, and other outdoor advertising devices;
(17) Designating airport hazard areas under the provisions ofchapter 3 of title 1, and enforcement of airport hazard area zoning regulationsunder the provisions established in that chapter;
(18) Designating areas of historic, cultural, and/orarchaeological value and regulating development in those areas under theprovisions 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 usesof land, buildings, or structures specifically designated as subject todevelopment plan review in a zoning ordinance;
(20) Designating special protection areas for water supplyand limiting or prohibiting development in these areas, except as otherwiseprovided by state statute;
(21) Specifying requirements for safe road access todevelopments from existing streets, including limiting the number, design, andlocation of curb cuts, and provisions for internal circulation systems for newdevelopments, and provisions for pedestrian and bicycle ways; and
(22) Reducing unnecessary delay in approving or disapprovingdevelopment applications, through provisions for preapplication conferences andother means.
(23) Providing for the application of the Rhode Island FairHousing Practices Act, chapter 37 of title 34, the United States Fair HousingAmendments Act of 1988 (FHAA), the Rhode Island Civil Rights People withDisabilities Act, chapter 37 of title 42, and the Americans with DisabilitiesAct of 1990 (ADA), 42 U.S.C. § 12101 et seq.
(24) Regulating drive-through windows of varied intensity ofuse when associated with land use activities and providing standards andrequirements for the regulation, review and approval of the drive-throughwindows, including, but not limited to:
(i) Identifying within which zoning districts drive-throughwindows may be permitted, prohibited, or permitted by special use permit;
(ii) Specifying requirements for adequate trafficcirculation; 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 anyor all of the following:
(1) Authorizing development incentives, known as incentivezoning, for purposes of providing increases in the permitted use or dimensionas 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 andconsistent with its comprehensive plan. The provisions in the ordinance shallinclude maximum allowable densities of population and/or intensities of use andshall indicate the type of improvements, amenities, and/or conditions.Conditions may be made for donation in lieu of direct provisions forimprovements or amenities;
(2) Establishing a system for transfer of development rightswithin or between zoning districts designated in the zoning ordinance; and
(3) Regulating the development adjacent to designated scenichighways, scenic waterways, major thoroughfares, public greenspaces, or otherareas of special public investment or valuable natural resources.
