reglab/housing_qa huggingface dataset:
RI Gen L § 45-24-69.1 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24 - Zoning Ordinances|Section 45-24-69.1 - Appeals - Notice of appeals to superior court.

§ 45-24-69.1. Appeals — Notice of appeals to superior court.(a) Whenever an aggrieved party appeals a decision of a zoning board of review to the superior court pursuant to the provisions of § 45-24-69, the aggrieved party shall also give notice of the appeal to those persons who were entitled to notice of the hearing set by the zoning board of review. The persons entitled to notice are set forth and described in § 45-24-53.(b) Notice of the appeal shall be mailed to those parties described in § 45-24-53 within ten (10) business days of the date that the appeal is filed in superior court not counting Saturdays, Sundays, or holidays. Notice shall be sent by first class mail, postage prepaid, and the cost of the notice shall be borne by the aggrieved party filing the appeal in superior court.(c) The notice sent for an appeal to the superior court as described in this section shall include and contain:(1) The caption and civil action number of the case;(2) The date the case was filed in the superior court;(3) The county in which the appeal to superior court was filed;(4) The name, address and telephone number of the attorney filing the appeal on behalf of the aggrieved party, or, the name, address, and telephone number of the aggrieved party if the aggrieved party is not represented by counsel;(5) Language in bold type notifying the person(s) receiving the notice that an appeal has been filed in the superior court;(6) Language indicating that the aggrieved party will serve the named defendants;(7) Language indicating that the persons receiving the notice may retain counsel and/or participate in the appeal insofar as the law allows;(8) Language indicating that an appeal of a decision of a zoning board to the superior court is governed by § 45-24-69 and this section; and(9) The date of the notice shall be contained on the notice.(d) Within twenty (20) days after a notice as described in this section is sent, the aggrieved party shall file an affidavit with the court indicating and/or containing:(1) A complete list of all the names and addresses of the intended recipients of the notice of the hearing;(2) The date the notice was sent;(3) An affirmative statement verifying the notice was sent by first class mail, postage prepaid;(4) An affirmative statement verifying that each notice was sent in an envelope containing a return address and indicating the return address on the envelope;(5) A statement identifying all notices that were returned to the return address or not delivered for whatever reason and/or an affirmative statement indicating that all other notices have not been returned as of the date and time of the affidavit; and(6) A copy of the form of the notice shall be attached to the affidavit.History of Section.P.L. 2001, ch. 209, § 2; P.L. 2004, ch. 578, § 1.
RI Gen L § 45-24-70 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24 - Zoning Ordinances|Section 45-24-70 - Appeals - Priority in judicial proceedings.

§ 45-24-70. Appeals — Priority in judicial proceedings.Upon the entry of any case or proceeding brought under the provisions of this chapter, including pending appeals and appeals subsequently taken to the court, the court shall, at the request of either party, advance the case, so that the matter is afforded precedence on the calendar and shall be heard and determined with as little delay as possible.History of Section.P.L. 1991, ch. 307, § 1.
RI Gen L § 45-24-71 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24 - Zoning Ordinances|Section 45-24-71 - Appeals - Appeal of enactment of or amendment to zoning ordinance.

§ 45-24-71. Appeals — Appeal of enactment of or amendment to zoning ordinance.(a) An appeal of an enactment of or an amendment to a zoning ordinance may be taken to the superior court for the county in which the municipality is situated by filing a complaint within thirty (30) days after the enactment or amendment has become effective. The appeal may be taken by an aggrieved party or by any legal resident or landowner of the municipality or by any group of residents or landowners whether or not incorporated, of the municipality. The appeal shall not stay the enforcement of the zoning ordinance, as enacted or amended, but the court may, in its discretion, grant a stay on appropriate terms, which may include the filing of a bond, and make other orders that it deems necessary for an equitable disposition of the appeal.(b) The complaint shall state with specificity the area or areas in which the enactment or amendment does not conform with the comprehensive plan and/or the manner in which it constitutes a taking of private property without just compensation.(c) The review shall be conducted by the court without a jury. The court shall first consider whether the enactment or amendment of the zoning ordinance is in conformance with the comprehensive plan. If the enactment or amendment is not in conformance with the comprehensive plan, then the court shall invalidate the enactment or the amendment, or those parts of the enactment or amendment which are not in conformance with the comprehensive plan. The court shall not revise the ordinance to conform with the comprehensive plan, but may suggest appropriate language as part of the court decision.(d) In the case of an aggrieved party, where the court has found that the enactment or amendment of the zoning ordinance is in conformance with the comprehensive plan, then the court shall next determine whether the enactment or amendment works as a taking of property from the aggrieved party. If the court determines that there has been a taking, the court shall remand the case to the legislative body of the municipality, with its findings that a taking has occurred, and order the municipality to either provide just compensation or rescind the enactment or amendment within thirty (30) days.(e) The superior court retains jurisdiction, in the event that the aggrieved party and the municipality do not agree on the amount of compensation, in which case the superior court shall hold further hearings to determine and to award compensation. The superior court retains jurisdiction to determine the amount of an award of compensation for any temporary taking, if that taking exists.(f) The court may, in its discretion, upon the motion of the parties or on its own motion, award reasonable attorney's fees to any party to an appeal, including a municipality.History of Section.P.L. 1991, ch. 307, § 1; P.L. 2001, ch. 89, § 2.
RI Gen L § 45-24-72 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24 - Zoning Ordinances|Section 45-24-72 - Severability.

§ 45-24-72. Severability.If any provision of this chapter or any rule, regulation, or determination made under this chapter, or the application to any person, agency, or circumstance, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, regulation, or determination and the application of the provisions to other persons, agencies, or circumstances shall not be affected thereby. The invalidity of any section or sections of this chapter shall not affect the validity of the remainder of the chapter.History of Section.P.L. 1991, ch. 307, § 1.
RI Gen L § 45-24.1-1 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24.1 - Historical Area Zoning|Section 45-24.1-1 - Declaration of purpose.

§ 45-24.1-1. Declaration of purpose.The preservation of structures of historic and architectural value and historic cemeteries, wherever located within a city or town, are declared to be a public purpose, and any city or town council has the power by ordinance to regulate the construction, alteration, repair, moving, and demolition of these structures within the limits of the city or town. It is recognized that the purpose of the ordinance is to:(1) Safeguard the heritage of the city or town by preserving a district in a city or town which reflects elements of its cultural, social, economic, political, and architectural history;(2) Stabilize and improve property values in that district;(3) Foster civic beauty;(4) Strengthen the local economy;(5) Promote the use of the historic districts for the education, pleasure, and welfare of the citizens of the city or town; and(6) Provide, where feasible, that in these historic districts housing, including, but not limited to, limited equity cooperative housing, be made available to low and/or moderate income residents.History of Section.P.L. 1959, ch. 131, § 1; P.L. 1986, ch. 256, § 5; P.L. 1989, ch. 311, § 1.
RI Gen L § 45-24.1-1.1 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24.1 - Historical Area Zoning|Section 45-24.1-1.1 - Definitions.

§ 45-24.1-1.1. Definitions.The following terms have the following respective meanings unless a different meaning clearly appears from the context:(1) "Alteration" means an act that changes one or more of the exterior architectural features of a structure or its appurtenances, including, but not limited to, the erection, construction, reconstruction, or removal of any structure or appurtenance.(2) "Appurtenances" means features other than primary or secondary structures which contribute to the exterior historic appearance of a property, including, but not limited to, paving, doors, windows, signs, materials, decorative accessories, fences, and historic landscape features.(3) "Certificate of appropriateness" means a certificate issued by a historic district commission established under this chapter indicating approval of plans for alteration, construction, repair, removal, or demolition of a structure or appurtenances of a structure within a historic district. Appropriate for the purposes of passing upon an application for a certificate of appropriateness means not incongruous with those aspects of the structure, appurtenances, or the district which the commission has determined to be historically or architecturally significant.(4) "Construction" means the act of adding to an existing structure or erecting a new principal or accessory structure or appurtenances to a structure, including, but not limited to, buildings, extensions, outbuildings, fire escapes, and retaining walls.(5) "Demolition" means an act or process that destroys a structure or its appurtenances in part or in whole.(6) "Historic district" means a specific division of a city or town as designated by ordinance of the city or town pursuant to this chapter. A historic district may include one or more structures.(7) "Removal" means a relocation of a structure on its site or to another site.(8) "Repair" means a change meant to remedy damage or deterioration of a structure or its appurtenances.(9) "Structure" means anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, including, but not limited to, buildings, gazebos, billboards, outbuildings, decorative and retaining walls, and swimming pools.History of Section.P.L. 1988, ch. 373, § 1.
RI Gen L § 45-24.1-2 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24.1 - Historical Area Zoning|Section 45-24.1-2 - Historic district zoning authorized.

§ 45-24.1-2. Historic district zoning authorized.In order to carry out the purposes of this chapter, each city and town has the authority to establish, change, lay out, and define districts, which are deemed to be of historical or architectural value, in the same manner as those cities and towns are presently empowered to establish or change areas and classifications of zoning.History of Section.P.L. 1959, ch. 131, § 2.
RI Gen L § 45-24.1-3 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24.1 - Historical Area Zoning|Section 45-24.1-3 - Creation of commission authorized - Membership appointment - Term of office.

§ 45-24.1-3. Creation of commission authorized — Membership appointment — Term of office.(a) In order to carry out the purposes of this chapter any city or town council shall have the authority to create a commission called the historic district commission. The membership of a commission in a city shall consist of seven (7) qualified members, and in a town shall consist of not less than three (3) nor more than seven (7) qualified members, whose residence is located in the city or town; and provided, that the historic district commission of the city of Providence shall consist of eleven (11) qualified members, two (2) of whom shall be members of the city council elected by the city council from its councilmanic members to serve for a term of four (4) years. In a city the members shall be appointed by the mayor, except as provided in the case of the historic district commission of the city of Providence, and in a town, by the president of the town council. Members of an historic district commission shall be residents of the city or town.(b) The appointed members of the commission shall be appointed for three (3) year terms, except the initial appointments of some of the members shall be for less than three (3) years so that the initial appointments are staggered and so that subsequent appointments do not reoccur at the same time.(c) Any city or town has the right to name an auxiliary member of the commission appointed in addition to the regular members of the commission; provided, that the city of Newport shall have the right to appoint two (2) auxiliary members to its historic district commission. An auxiliary member shall sit as an active member, upon the request of the chair, when and if a regular member of the commission is unable to serve at any meeting of the commission.(d) Appointed members of the commission are eligible for reappointment, and, upon the expiration of their term, shall continue to serve until replaced unless otherwise provided for in local law.(e) In the event of a vacancy on the commission, interim appointments of appointed members may be made by the appointing authority to complete the unexpired term of the position.(f) Organized and existing preservation societies may present to the appointing authority of a city or town a list of qualified citizens, from which list the appointing authority may select members of the commission for his or her respective city or town.(g) Members of a commission shall serve without compensation.History of Section.P.L. 1959, ch. 131, § 3; P.L. 1972, ch. 221, § 1; P.L. 1976, ch. 142, § 1; P.L. 1983, ch. 312, § 1; P.L. 1984, ch. 400, § 1; P.L. 1988, ch. 84, § 105; P.L. 1988, ch. 373, § 2; P.L. 2001, ch. 180, § 144; P.L. 2005, ch. 228, § 5; P.L. 2005, ch. 315, § 5; P.L. 2009, ch. 267, § 1; P.L. 2009, ch. 268, § 1; P.L. 2009, ch. 310, § 20.
RI Gen L § 45-24.1-3.1 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24.1 - Historical Area Zoning|Section 45-24.1-3.1 - Present appointments unaffected.

§ 45-24.1-3.1. Present appointments unaffected.Nothing contained in § 45-24.1-3, in any way alters any other part or provision of this title, chapter, or section, or any appointments made thereunder, all of which remain in full force and effect.History of Section.P.L. 1972, ch. 221, § 2.
RI Gen L § 45-24.1-3.2 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24.1 - Historical Area Zoning|Section 45-24.1-3.2 - Legislative findings.

§ 45-24.1-3.2. Legislative findings.The general assembly hereby recognizes that gas regulators or gas meters located anywhere on the exterior of historic buildings or buildings located in a historic district may create a visual intrusion to the property and to the surrounding historic district, and it is the intent of this chapter to provide procedures for any public utility proposing to locate or relocate such devices on residential historic buildings.History of Section.P.L. 2009, ch. 110, § 2; P.L. 2009, ch. 184, § 2.
RI Gen L § 45-24.1-5 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24.1 - Historical Area Zoning|Section 45-24.1-5 - Avoiding demolition through owner neglect.

§ 45-24.1-5. Avoiding demolition through owner neglect.A city or town may by ordinance empower city or town councils in consultation with the historic district commission to identify structures of historical or architectural value whose deteriorated physical condition endangers the preservation of the structure or its appurtenances. The council shall publish standards for maintenance of properties within historic districts. Upon the petition of the historic district commission that a historic structure is so deteriorated that its preservation is endangered, the council may establish a reasonable time not less than thirty (30) days within which the owner must begin repairs. If the owner has not begun repairs within the allowed time, the council shall hold a hearing at which the owner may appear and state his or her reasons for not commencing repairs. If the owner does not appear at the hearing or does not comply with the council's orders, the council may cause the required repairs to be made at the expense of the city or town and cause a lien to be placed against the property for repayment.History of Section.P.L. 1959, ch. 131, § 5; P.L. 1963, ch. 152, § 1; P.L. 1988, ch. 373, § 2.
RI Gen L § 45-24.1-6 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24.1 - Historical Area Zoning|Section 45-24.1-6 - Public meetings.

§ 45-24.1-6. Public meetings.All meetings of the commission are open to the public, and any person or his or her duly constituted representative is entitled to appear and be heard on any matter before the commission before it reaches its decision. The commission shall keep a record, open to public view, of its resolutions, proceedings, findings, decisions, and actions. The commission shall provide notice of its meetings and comply in all respects with the requirements of the open meetings law.History of Section.P.L. 1959, ch. 131, § 6; P.L. 1988, ch. 373, § 2.
RI Gen L § 45-24.1-7 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24.1 - Historical Area Zoning|Section 45-24.1-7 - Certificate of appropriateness or rejection of plans - Period within which commission to act.

§ 45-24.1-7. Certificate of appropriateness or rejection of plans — Period within which commission to act.The commission shall file with the building official or other duly delegated authority its certificate of appropriateness or rejection of all plans submitted to it for review. No work shall begin until the certificate has been filed, but, in the case of rejection the certificate is binding upon the building official or other duly delegated authority and no permit shall be issued in such a case. The failure of the commission to act within forty-five (45) days from the date of an application filed with it, unless an extension is agreed upon mutually by the applicant and the commission, is deemed to constitute approval. In the event, however, that the historic district commission makes a finding of fact that the circumstances of a particular application require further time for additional study and information than can be obtained within the period of forty-five (45) days, then the commission has a period of up to ninety (90) days within which to act upon the application.History of Section.P.L. 1959, ch. 131, § 7; P.L. 1988, ch. 373, § 2; P.L. 1989, ch. 408, § 2.
RI Gen L § 45-24.1-7.1 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24.1 - Historical Area Zoning|Section 45-24.1-7.1 - Right of appeal.

§ 45-24.1-7.1. Right of appeal.Any person, or persons jointly or severally, aggrieved by a decision of the historic district commission has the right of appeal, concerning the decision, to the zoning board, and a further right of appeal from the zoning board to the superior court, in the same manner provided in § 45-24-69 and from the superior court to the supreme court by writ of certiorari.History of Section.P.L. 1959, ch. 131, § 7; P.L. 1988, ch. 549, § 2; P.L. 1989, ch. 408, § 3.
RI Gen L § 45-24.1-7.2 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24.1 - Historical Area Zoning|Section 45-24.1-7.2 - Scope of review by zoning board.

§ 45-24.1-7.2. Scope of review by zoning board.When hearing appeals from commission decisions, the zoning board of review shall not substitute its own judgment for that of the commission, but must consider the issue upon the findings and record of the commission. The zoning board of review shall not reverse a commission decision except on a finding of prejudicial procedural error, clear error, or lack of support by the weight of the evidence in the record. The zoning board of review shall put all decisions on appeal in writing. The zoning board of review shall articulate and explain the reasons and bases of each decision on the record, and the zoning board of review shall send a copy of the decision to the applicant and to the historic district commission.History of Section.P.L. 1965, ch. 239, § 1; P.L. 1988, ch. 373, § 2; G.L. 1956, § 45-24.1-9; P.L. 1989, ch. 408, § 4.
RI Gen L § 45-24.1-8 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24.1 - Historical Area Zoning|Section 45-24.1-8 - Exceptions to applicability of chapter.

§ 45-24.1-8. Exceptions to applicability of chapter.Nothing in this chapter shall be construed to prevent ordinary maintenance or repair of any structure within the historic district; provided, that any maintenance or repair does not result in any change of design, type of material, or appearance of the structure or its appurtenances. Nothing in this chapter shall be construed to prevent the construction, alteration, repair, moving, or demolition of any structure under a permit issued by the building official prior to the passage of an ordinance.History of Section.P.L. 1964, ch. 220, § 1; P.L. 1988, ch. 373, § 2.
RI Gen L § 45-24.1-9 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24.1 - Historical Area Zoning|Section 45-24.1-9 - Appeals.

§ 45-24.1-9. Appeals.A person or persons jointly or severally aggrieved by a decision of a historic district commission has the right to appeal the decision to the zoning board of review. When hearing appeals from commission decisions, the zoning board of review shall not substitute its own judgment for that of the commission, but must consider the issue upon the findings and record of the commission. The zoning board of review shall not reverse a commission decision except on a finding of prejudicial procedural error, clear error, or lack of support by the weight of the evidence in the record. The zoning board of review shall put all decisions on appeal in writing. The zoning board of review shall articulate and explain the reasons and bases of each decision on the record, and the zoning board of review shall send a copy of the decision to the applicant and to the historic district commission.History of Section.P.L. 1965, ch. 239, § 1; P.L. 1988, ch. 373, § 2.