reglab/housing_qa huggingface dataset:
RI Gen L § 45-23-70 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-70 - Appeals - Standards of review.

§ 45-23-70. Appeals — Standards of review.(a) As established by this chapter, in instances of a board of appeal's review of a planning board or administrative officer's decision on matters subject to this chapter, the board of appeal shall not substitute its own judgment for that of the planning board or the administrative officer but must consider the issue upon the findings and record of the planning board or administrative officer. The board of appeal shall not reverse a decision of the planning board or administrative officer except on a finding of prejudicial procedural error, clear error, or lack of support by the weight of the evidence in the record.(b) The concurring vote of three (3) of the five (5) members of the board of appeal sitting at a hearing, is necessary to reverse any decision of the planning board or administrative officer.(c) In the instance where the board of appeal overturns a decision of the planning board or administrative officer, the proposed project application is remanded to the planning board or administrative officer, at the stage of processing from which the appeal was taken, for further proceedings before the planning board or administrative officer and/or for the final disposition, which shall be consistent with the board of appeal's decision.(d) The board of appeal shall keep complete records of all proceedings including a record of all votes taken, and shall put all decisions on appeals in writing. The board of appeal shall include in the written record the reasons for each decision.History of Section.P.L. 1992, ch. 385, § 1.
RI Gen L § 45-23-71 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-71 - Appeals to the superior court.

§ 45-23-71. Appeals to the superior court.(a) An aggrieved party may appeal a decision of the board of appeal, to the superior court for the county in which the municipality is situated by filing a complaint stating the reasons of appeal within twenty (20) days after the decision has been recorded and posted in the office of the city or town clerk. The board of appeal shall file the original documents acted upon by it and constituting the record of the case appealed from, or certified copies of the original documents, together with any other facts that may be pertinent, with the clerk of the court within thirty (30) days after being served with a copy of the complaint. When the complaint is filed by someone other than the original applicant or appellant, the original applicant or appellant and the members of the planning board shall be made parties to the proceedings. The appeal does not stay proceedings upon the decision appealed from, but the court may, in its discretion, grant a stay on appropriate terms and make any other orders that it deems necessary for an equitable disposition of the appeal.(b) The review shall be conducted by the superior court without a jury. The court shall consider the record of the hearing before the planning board and, if it appear to the court that additional evidence is necessary for the proper disposition of the matter, it may allow any party to the appeal to present evidence in open court, which evidence, along with the report, shall constitute the record upon which the determination of the court shall be made.(c) The court shall not substitute its judgment for that of the planning board as to the weight of the evidence on questions of fact. The court may affirm the decision of the board of appeal or remand the case for further proceedings, or may reverse or modify the decision if substantial rights of the appellant have been prejudiced because of findings, inferences, conclusions or decisions which are:(1) In violation of constitutional, statutory, ordinance or planning board regulations provisions;(2) In excess of the authority granted to the planning board by statute or ordinance;(3) Made upon unlawful procedure;(4) Affected by other error of law;(5) Clearly erroneous in view of the reliable, probative, and substantial evidence of the whole record; or(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.History of Section.P.L. 1992, ch. 385, § 1.
RI Gen L § 45-23-72 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-72 - Appeals to the superior court - Enactment of or amendment of local regulations.

§ 45-23-72. Appeals to the superior court — Enactment of or amendment of local regulations.(a) Any appeal of an enactment of or an amendment of local regulations may be taken to the superior court for the county in which the municipality is situated by filing a complaint, as stated in this section, within thirty (30) days after the enactment, or amendment has become effective. The appeal may be taken by any legal resident or landowner of the municipality or by any association of residents or landowners of the municipality. The appeal does not stay the enforcement of the local regulations, 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 any 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 is not consistent with the Comprehensive Planning Act, chapter 22.2 of this title; the Rhode Island Zoning Enabling Act of 1991, § 45-24-27 et seq.; the municipality's comprehensive plan; or the municipality's zoning ordinance.(c) The review shall be conducted by the court without a jury. The court shall consider whether the enactment or amendment of the local regulations is consistent with the Comprehensive Planning Act, chapter 22.2 of this title; the Rhode Island Zoning Enabling Act of 1991, § 45-24-27 et seq.; the municipality's comprehensive plan; or the municipality's zoning ordinance. If the enactment or amendment is not consistent, then the court shall invalidate the enactment or the amendment, or those parts of the enactment or amendment which are not consistent. The court shall not revise the local regulations to be consistent, but may suggest appropriate language as part of the court decision.(d) The court may in its discretion, upon motion of the parties or on its own motion, award reasonable attorney's fees to any party to an appeal, as stated herein, including a municipality.History of Section.P.L. 1992, ch. 385, § 1.
RI Gen L § 45-23-73 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-73 - Appeals to the superior court - Priority in judicial proceedings.

§ 45-23-73. Appeals to the superior court — Priority in judicial proceedings.Upon the entry of any case or proceeding brought under the provisions of this chapter, including pending and future appeals 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 be heard and determined with as little delay as possible.History of Section.P.L. 1992, ch. 385, § 1.
RI Gen L § 45-23-74 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-74 - Severability.

§ 45-23-74. Severability.If any provision of this chapter or of any rule, regulation or determination made under this chapter, or the application of the provisions to any person, agency or circumstances, 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 by the invalidity. 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. 1992, ch. 385, § 1.
RI Gen L § 45-23.1-1 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23.1 - Mapped Streets|Section 45-23.1-1 - Establishment of official maps.

§ 45-23.1-1. Establishment of official maps.The city or town council of any city or town having a plan commission established pursuant to chapters 22 and 23 of this title or pursuant to any special act applicable to certain cities or towns, is authorized and empowered to establish an official map of the city or town identifying and showing the location of the streets of the city or town existing and established by law as public streets and the exterior lines of other streets deemed necessary by the city or town council for sound physical development. A public hearing in relation to the map shall precede the adoption, at which parties in interest and citizens shall have an opportunity to be heard. At least ten (10) days' notice of a public hearing shall be published in a newspaper of general circulation in the city or town. Before adoption of the ordinance, the city or town council shall refer the matter to the plan commission for a report on the map, but if the plan commission does not make its report within forty-five (45) days of the reference, the necessity for the report may be deemed to be waived. The city or town council shall certify the fact of the establishment of an official map to the city or town recorder.History of Section.P.L. 1962, ch. 89, § 1; P.L. 1972, ch. 198, § 1.
RI Gen L § 45-23.1-1.1 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23.1 - Mapped Streets|Section 45-23.1-1.1 - Establishment or opening of streets not implied.

§ 45-23.1-1.1. Establishment or opening of streets not implied.(a) The placing of any street or street line upon the official map does not in and of itself constitute nor is it deemed to constitute the opening or establishment of any street or the taking or acceptance of any land for street purposes; provided, that in the town of North Kingstown, regularly performed maintenance by the town, upon any paved mapped street of at least forty feet (40′) in width, for a period of not less than twenty (20) years, constitutes the opening or establishment of a street as a public way.(b) For the purposes of this section the term "regularly performed maintenance" is construed to include snow plowing and salting and sanding operations, and any type of repair work regularly undertaken by the city or town.History of Section.P.L. 1972, ch. 198, § 2; P.L. 1987, ch. 393, § 1.
RI Gen L § 45-23.1-2 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23.1 - Mapped Streets|Section 45-23.1-2 - Additions and changes.

§ 45-23.1-2. Additions and changes.(a) A city or town council is authorized and empowered to make, from time to time, additions to or modifications of the official map by placing on it the exterior lines of planned new streets or street extensions, widenings, narrowings, or vacations.(b) No changes become effective until after a public hearing in relation to the changes, at which parties in interest and citizens shall have an opportunity to be heard.(c) At least ten (10) days' notice of a public hearing shall be published in a newspaper of general circulation in the city or town.(d) Before making additions or changes, the city or town council shall refer the matter to the plan commission for a report, but if the plan commission shall not make its report within forty-five (45) days of the reference, the necessity for the report may be deemed to be waived.(e) The locating, widening, or closing, or the approval of the locating, widening, or closing of streets by the city or town, under provisions of law other than those contained in this chapter, are deemed to be changes or additions to the official map, and are subject to all the provisions of this chapter except provisions relating to public hearing and referral to the plan commission.History of Section.P.L. 1962, ch. 89, § 1; P.L. 1972, ch. 198, § 1.
RI Gen L § 45-23.1-3 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23.1 - Mapped Streets|Section 45-23.1-3 - Regulation of buildings in bed of mapped streets.

§ 45-23.1-3. Regulation of buildings in bed of mapped streets.(a) For the purpose of preserving the integrity of the official map of a city or town, the city or town council is authorized and empowered to provide by ordinance that no permit shall be issued for any building in the bed of any street shown on the official map except as provided in this section.(b) Whenever one or more parcels of land upon which is located the bed of a mapped street cannot yield a reasonable return to the owner unless a building permit is granted, the zoning board of review in a city or town which has established a board, or the city or town council in any city or town which has not established a board, may, in a specific case after public hearing for which reasonable notice has been given to all interested parties and at which parties in interest and others have an opportunity to be heard, grant a permit for a building in the bed of the mapped street which will, as little as practicable, increase the cost of opening the street, or tend to cause a minimum change of the official map, and the board or council, as the case may be, may impose reasonable requirements as a condition of granting the permit to promote the health, safety, morals, and general welfare of the public.(c) The board or council shall refer the application to the plan commission for a report and a recommendation before taking action, and shall refuse a permit where the applicant will not be substantially damaged by placing his or her building outside the mapped street.History of Section.P.L. 1962, ch. 89, § 1.
RI Gen L § 45-23.1-4 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23.1 - Mapped Streets|Section 45-23.1-4 - Buildings not on mapped streets.

§ 45-23.1-4. Buildings not on mapped streets.(a) A city or town council is authorized and empowered to provide by ordinance that no permit for the erection of any building shall be issued unless the building lot abuts a street which has been placed on the official map giving access to the proposed structure, and that before a permit is issued, the street has been certified to be suitably improved, or suitable improvements have been assured by means of a performance guarantee, in accordance with rules and regulations adopted in the same manner as rules and regulations for subdivisions as provided in chapter 23 of this title.(b) Where the enforcement of this section would entail practical difficulty or unnecessary hardship, or where the circumstances of the case do not require the structure to be related to a street, the board or council may, in a specific case and after a public hearing for which reasonable notice has been given to all interested parties and at which parties in interest and others have an opportunity to be heard, make reasonable exceptions and issue a permit subject to conditions that will assure adequate access for firefighting equipment, ambulances, and other emergency vehicles necessary for the protection of health and safety and that will protect any future street layout shown on the official map.History of Section.P.L. 1962, ch. 89, § 1.
RI Gen L § 45-23.1-5 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23.1 - Mapped Streets|Section 45-23.1-5 - Appeals.

§ 45-23.1-5. Appeals.(a) Any person aggrieved by any decision of the board or council may present to the supreme court a verified petition stating that the decision is illegal in whole or in part and specifying the grounds of illegality. The petition shall be presented to the court within thirty (30) days after the filing of the decision.(b) Upon presentation of the petition, the court may allow a writ of certiorari directed to the board or council to review the decision of the board or council, and shall prescribe in the writ the time within which a return shall be made, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ does not stay proceedings upon the decision appealed from, but the court may, on application, on due cause shown, grant a restraining order.(c) The board or council is not required to return the original papers acted on by it, but it is sufficient to return certified or sworn copies of the original papers, or portions of them, as may be called for by the writ. The return shall concisely state other facts that may be pertinent and material to show the grounds of the decision appealed from and shall be verified.(d) If upon the hearing, it appears to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a master to take evidence as it may direct, and report the evidence to the court with his or her findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made.(e) The court may reverse or affirm wholly or partly or may modify the decision brought up for review.History of Section.P.L. 1962, ch. 89, § 1.
RI Gen L § 45-23.1-6 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23.1 - Mapped Streets|Section 45-23.1-6 - Purpose.

§ 45-23.1-6. Purpose.This chapter is declared to be for the purpose of conserving and promoting the public health, safety, morals, and general welfare.History of Section.P.L. 1962, ch. 89, § 1.
RI Gen L § 45-23.1-7 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23.1 - Mapped Streets|Section 45-23.1-7 - Severability.

§ 45-23.1-7. Severability.If any provision of this chapter or the application of this chapter to any person or circumstance is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances shall not be affected by the invalidity.History of Section.P.L. 1962, ch. 89, § 1.
RI Gen L § 45-24-1 - 45-24-26 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24 - Zoning Ordinances|Section 45-24-1 - 45-24-26 - Repealed.

§ 45-24-1 — 45-24-26. Repealed.
RI Gen L § 45-24-27 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24 - Zoning Ordinances|Section 45-24-27 - Title.

§ 45-24-27. Title.shall be known as the "Rhode Island Zoning Enabling Act of 1991".History of Section.P.L. 1991, ch. 307, § 1.
RI Gen L § 45-24-28 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24 - Zoning Ordinances|Section 45-24-28 - Continuation of ordinances - Supercession - Relation to other statutes.

§ 45-24-28. Continuation of ordinances — Supercession — Relation to other statutes.(a) Any zoning ordinance or amendment of the ordinance enacted after January 1, 1992, shall conform to the provisions of this chapter. All lawfully adopted zoning ordinances shall be brought into conformance with this chapter by December 31, 1994. Each city and town shall review its zoning ordinance and make amendments or revisions that are necessary to bring it into conformance with this chapter.(b) All zoning ordinances adopted under authority of §§ 45-24-1 through 45-24-26 or any special zoning enabling act that is in effect on June 17, 1991, shall remain in full force and effect until December 31, 1994, unless earlier amended so as to conform to the provisions of this chapter, except that § 45-24-37 and § 45-24-44 shall become effective on January 1, 1992.(c) Former §§ 45-24-1 through 45-24-26 and all special zoning enabling acts, including, but not limited to, chapter 2299 of the public laws of 1922, as amended (town of Westerly); chapter 1277 of the public laws of 1926, as amended (town of Narragansett); chapter 2065 of the public laws of 1933, as amended (town of West Warwick); chapter 2233 of the public laws of 1935, as amended (town of Johnston); chapter 2079 of the public laws of 1948, as amended (town of North Kingstown); chapter 3125 of the public laws of 1953, as amended (town of New Shoreham); chapter 101 of the public laws of 1973, as amended (town of South Kingstown); are repealed effective December 31, 1994. All provisions of zoning ordinances adopted under authority of the provisions of former §§ 45-24-1 through 45-24-26 or of any special act are repealed and are null and void as of December 31, 1994, unless amended so as to conform to the provisions of this chapter.(d) Chapter 24.1 of this title, entitled "Historical Area Zoning", and chapter 3 of title 1, entitled "Airport Zoning", are not superseded by this chapter; provided, that any appeal to the superior court pursuant to chapter 24.1 of this title, entitled "Historical Area Zoning", or pursuant to chapter 3 of title 1, entitled "Airport Zoning", is taken in the manner provided in § 45-24-69.(e) Nothing in this chapter shall be construed to limit the authority of agencies of state government to perform any regulatory responsibilities.History of Section.P.L. 1991, ch. 307, § 1; P.L. 1993, ch. 36, § 2; P.L. 1993, ch. 144, § 2; P.L. 1994, ch. 92, § 3.
RI Gen L § 45-24-32 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24 - Zoning Ordinances|Section 45-24-32 - Contents of zoning ordinances.

§ 45-24-32. Contents of zoning ordinances.The zoning ordinance consists of the ordinance and other text, together with all charts, graphs, and other explanatory material, and the zoning map together with any explanatory matter shown on the ordinance. All municipal zoning ordinances shall include at a minimum the following provisions listed below and further described in this chapter:(1) A statement of purpose and consistency with the comprehensive plan;(2) Definitions;(3) General provisions;(4) Special provisions;(5) Procedures for the adoption of the ordinance or amendments;(6) Procedures for the administration of the ordinance or amendments;(7) Procedures for the appeal of the ordinance or amendments; and(8) A zoning map and supporting documentation.History of Section.P.L. 1991, ch. 307, § 1.
RI Gen L § 45-24-34 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24 - Zoning Ordinances|Section 45-24-34 - General provisions - Purpose and consistency with comprehensive plan.

§ 45-24-34. General provisions — Purpose and consistency with comprehensive plan.(a) A zoning ordinance adopted pursuant to this chapter shall provide a statement of its purposes. Those purposes shall be consistent with § 45-24-30. A zoning ordinance adopted or amended pursuant to this chapter shall include a statement that the zoning ordinance is consistent with the comprehensive plan of the city or town adopted pursuant to chapter 22.2 of this title, or as otherwise provided below and shall provide that in the instance of uncertainty in the construction or application of any section of the ordinance, the ordinance shall be construed in a manner that will further the implementation of, and not be contrary to, the goals and policies and applicable elements of the comprehensive plan.(b) The city or town shall bring the zoning ordinance or amendment into conformance with its comprehensive plan as approved by the chief of the division of planning of the department of administration or the superior court in accordance with its implementation schedule as set forth in said plan. A zoning ordinance shall address and specify requirements for the coordination between contiguous communities, the state, and other agencies, as required by chapter 22.2 of this title.History of Section.P.L. 1991, ch. 307, § 1; P.L. 1995, ch. 247, § 2; P.L. 2011, ch. 215, § 3; P.L. 2011, ch. 313, § 3.