How Do I Make a Zoning Change or Exception in Rhode Island?
Ensuring your proposed use of property complies with zoning regulations in the state of Rhode IslandBy S.M. Oliva | Reviewed by Canaan Suitt, J.D. | Last updated on January 2, 2024
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Zoning refers to a set of land use regulations adopted by a Rhode Island municipality—that is, the local government of a city or town—to govern both existing structures and land development within its borders.
State law requires municipalities to establish their own planning board or commission to oversee local zoning. These boards and commissions, in turn, establish different types of zoning districts, each with its own permissible land uses and structures, from industrial uses to residential uses to historic districts.
In the city of Providence, for instance, the zoning map includes multiple types of residential, commercial, industrial, downtown, waterfront, open space, and special purpose districts.
Five Types of Zoning Applications
Each zoning district has certain permitted uses, which are uses the property owner is allowed by right. But when an owner wants to use their property or real estate for something other than a permitted use, that typically requires filing an application with the local zoning board of review or commission—or, in some cases, the city or town council.
Every municipality has its own specific rules, but here are some of the more common applications that landowners can file:
1. Zoning and Text Map Amendments
This is a request to rezone a particular parcel of land, such as changing a property from industrial to commercial or from one type of residential zone to another.
2. Special Use Permits
A special use is one that requires permission from the zoning or municipal authority but stops short of actually rezoning the property. Generally speaking, a special use is one that would have a significant impact on the surrounding neighborhood and does not qualify as a use allowed by right.
3. Temporary Use Permits
A temporary use is generally a one-time event that would otherwise violate a local zoning ordinance, such as holding a block party in a residential neighborhood.
A variance is basically permission to depart from the permitted uses of a given zone. The owner usually needs to demonstrate that the property cannot yield any “beneficial use” if it is forced to conform to the existing zoning requirements.
A variance may also be granted to depart from dimensional zoning requirements, such as restrictions on building heights.
5. Administrative Modifications
These refer to requests for relief from certain zoning requirements that do not rise to the level of a variance. For example, if the owner of a building wanted to seek a reduction in the number of parking spaces required by a local zoning ordinance, she might be able to request an administrative modification.
Filing Your Zoning Application and the Review Process
It is important to file an application for a zoning change or exception with the appropriate municipal authority. There are often highly technical requirements that need to be met before an application is granted, so it is often in a landowner’s business interest to seek advice from an experienced Rhode Island land use and zoning attorney beforehand. Also note that if an application is denied for any reason, there may be an appeal procedure available to seek review.
For general information on this area of law—including building permits, special exceptions, state building codes, and development plans, see our land use and zoning overview.
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