reglab/housing_qa huggingface dataset:
RI Gen L § 45-24-35 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24 - Zoning Ordinances|Section 45-24-35 - General provisions - Definitions.

§ 45-24-35. General provisions — Definitions.A zoning ordinance adopted pursuant to this chapter shall provide definitions for words or terms contained in the ordinance where it is deemed appropriate. Words or terms contained in any zoning ordinance, whether or not defined in the ordinance, that are substantially similar to words or terms defined in § 45-24-31 shall be construed according to the definitions provided in this chapter.History of Section.P.L. 1991, ch. 307, § 1.
RI Gen L § 45-24-36 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24 - Zoning Ordinances|Section 45-24-36 - General provisions - Division into districts.

§ 45-24-36. General provisions — Division into districts.A zoning ordinance divides a city or town into zoning use districts, which may include overlay districts and floating zone districts, of the number, kind, type, shape, and area suitable to carry out the purposes of this chapter. Regulations and standards shall be consistent for each land use, type of development, or type of building or structure within a district, but may differ from those in other districts. Zoning use districts shall be depicted by type and location on the zoning map.History of Section.P.L. 1991, ch. 307, § 1.
RI Gen L § 45-24-38 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24 - Zoning Ordinances|Section 45-24-38 - General provisions - Substandard lots of record.

§ 45-24-38. General provisions — Substandard lots of record.Any city or town adopting or amending a zoning ordinance under this chapter shall regulate the use or uses of any single substandard lot of record or contiguous lots of record at the effective date of adoption or amendment of the zoning ordinance notwithstanding the failure of that lot or those lots to meet the dimensional and/or quantitative requirements, and/or road frontage or other access requirements, applicable in the district as stated in the ordinance. Provisions may be made for the merger of contiguous unimproved, or improved and unimproved, substandard lots of record in the same ownership to create dimensionally conforming lots or to reduce the extent of dimensional nonconformance. The ordinance shall specify the standards, on a district by district basis, which determine the mergers. The standards include, but are not to be limited to, the availability of infrastructure, the character of the neighborhood, and the consistency with the comprehensive plan.History of Section.P.L. 1991, ch. 307, § 1.
RI Gen L § 45-24-39 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24 - Zoning Ordinances|Section 45-24-39 - General provisions - Nonconforming development.

§ 45-24-39. General provisions — Nonconforming development.(a) Any city or town adopting or amending a zoning ordinance under this chapter shall make provision for any use, activity, structure, building, or sign or other improvement, lawfully existing at the time of the adoption or amendment of the zoning ordinance, but which is nonconforming by use or nonconforming by dimension. The zoning ordinance may regulate development which is nonconforming by dimension differently than that which is nonconforming by use.(b) The zoning ordinance shall permit the continuation of nonconforming development; however, this does not prohibit the regulation of nuisances.(c) A zoning ordinance may provide that, if a nonconforming use is abandoned, it may not be reestablished. Abandonment of a nonconforming use consists of some overt act, or failure to act, which leads one to believe that the owner of the nonconforming use neither claims nor retains any interest in continuing the nonconforming use unless the owner can demonstrate an intent not to abandon the use. An involuntary interruption of nonconforming use, as by fire and natural catastrophe, does not establish the intent to abandon the nonconforming use; however, if any nonconforming use is halted for a period of one year, the owner of the nonconforming use is presumed to have abandoned the nonconforming use, unless that presumption is rebutted by the presentation of sufficient evidence of intent not to abandon the use.History of Section.P.L. 1991, ch. 307, § 1.
RI Gen L § 45-24-40 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24 - Zoning Ordinances|Section 45-24-40 - General provisions - Alteration of nonconforming development.

§ 45-24-40. General provisions — Alteration of nonconforming development.(a) A zoning ordinance may permit a nonconforming development to be altered under either of the following conditions:(1) The ordinance may establish a special-use permit, authorizing the alteration, which must be approved by the zoning board of review following the procedure established in this chapter and in the zoning ordinance; or(2) The ordinance may allow the addition and enlargement, expansion, intensification, or change in use, of nonconforming development either by permit or by right and may distinguish between the foregoing actions by zoning districts.(b) The ordinance may require that the alteration more closely adheres to the intent and purposes of the zoning ordinance.(c) A use established by variance or special use permit shall not acquire the rights of this section.History of Section.P.L. 1991, ch. 307, § 1.
RI Gen L § 45-24-42 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24 - Zoning Ordinances|Section 45-24-42 - General provisions - Special-use permits.

§ 45-24-42. General provisions — Special-use permits.(a) A zoning ordinance shall provide for the issuance of special-use permits approved by the zoning board of review, or, where unified development review is enabled pursuant to § 45-24-46.4, the planning board or commission.(b) The ordinance shall:(1) Specify the uses requiring special-use permits in each district;(2) Describe the conditions and procedures under which special-use permits, of each or the various categories of special-use permits established in the zoning ordinance, may be issued;(3) Establish criteria for the issuance of each category of special-use permit that shall be in conformance with the purposes and intent of the comprehensive plan and the zoning ordinance of the city or town;(4) Provide for public hearings and notification of the date, time, place, and purpose of those hearings to interested parties. Special-use permit requests submitted under a zoning ordinance's unified development review provisions shall be heard and noticed in conjunction with the subdivision or land-development application, according to the requirements of § 45-23-50.1. Public notice for special-use permits that are not submitted under a zoning ordinance's unified development review provisions shall be given at least fourteen (14) days prior to the date of the hearing in a newspaper of general circulation in the city or town. Notice of hearing shall be sent by first-class mail to the applicant, and to all those who would require notice under § 45-24-53. The notice shall also include the street address of the subject property. A zoning ordinance may require that a supplemental notice, that an application for a special-use permit is under consideration, be posted at the location in question. The posting is for information purposes only and does not constitute required notice of a public hearing. The cost of notification shall be borne by the applicant;(5) Provide for the recording of findings of fact and written decisions; and(6) Provide that appeals may be taken pursuant to §§ 45-24-70 or 45-23-66, dependent on the board to which application was made.(c) The ordinance additionally may provide that an applicant may apply for, and be issued, a dimensional variance in conjunction with a special-use permit. If the special use could not exist without the dimensional variance, the zoning board of review, or, where unified development review is enabled pursuant to § 45-24-46.4(b), the planning board or commission shall consider the special-use permit and the dimensional variance together to determine if granting the special use is appropriate based on both the special use criteria and the dimensional variance evidentiary standards.History of Section.P.L. 1991, ch. 307, § 1; P.L. 2001, ch. 346, § 1; P.L. 2002, ch. 91, § 1; P.L. 2002, ch. 197, § 1; P.L. 2002, ch. 218, § 1; P.L. 2016, ch. 527, § 4.
RI Gen L § 45-24-43 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24 - Zoning Ordinances|Section 45-24-43 - General provisions - Special conditions.

§ 45-24-43. General provisions — Special conditions.In granting a variance or in making any determination upon which it is required to pass after a public hearing under a zoning ordinance, the zoning board of review or other zoning enforcement agency may apply the special conditions that may, in the opinion of the board or agency, be required to promote the intent and purposes of the comprehensive plan and the zoning ordinance of the city or town. Failure to abide by any special conditions attached to a grant constitutes a zoning violation. Those special conditions shall be based on competent credible evidence on the record, be incorporated into the decision, and may include, but are not limited to, provisions for:(1) Minimizing the adverse impact of the development upon other land, including the type, intensity, design, and performance of activities;(2) Controlling the sequence of development, including when it must be commenced and completed;(3) Controlling the duration of use or development and the time within which any temporary structure must be removed;(4) Assuring satisfactory installation and maintenance of required public improvements;(5) Designating the exact location and nature of development; and(6) Establishing detailed records by submission of drawings, maps, plats, or specifications.History of Section.P.L. 1991, ch. 307, § 1.
RI Gen L § 45-24-44 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24 - Zoning Ordinances|Section 45-24-44 - General provisions - Creation of vested rights.

§ 45-24-44. General provisions — Creation of vested rights.(a) A zoning ordinance provides protection for the consideration of applications for development that are substantially complete and have been submitted for approval to the appropriate review agency in the city or town prior to enactment of the new zoning ordinance or amendment.(b) Zoning ordinances or other land development ordinances or regulations specify the minimum requirements for a development application to be substantially complete for the purposes of this section.(c) Any application considered by a city or town under the protection of this section shall be reviewed according to the regulations applicable in the zoning ordinance in force at the time the application was submitted.(d) If an application for development under the provisions of this section is approved, reasonable time limits shall be set within which development of the property must begin and within which development must be substantially completed.History of Section.P.L. 1991, ch. 307, § 1.
RI Gen L § 45-24-45 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24 - Zoning Ordinances|Section 45-24-45 - General provisions - Publication and availability of zoning ordinances.

§ 45-24-45. General provisions — Publication and availability of zoning ordinances.(a) Printed copies of the zoning ordinance and map(s) of a city or town shall be available to the general public and revised to include all amendments. A reasonable charge may be made for copies to reflect printing and distribution costs.(b) Upon publication of a zoning ordinance and map, and any amendments to them, the city or town clerk shall send a copy, without charge, to the state law library.History of Section.P.L. 1991, ch. 307, § 1; P.L. 1999, ch. 57, § 1; P.L. 2019, ch. 191, § 3; P.L. 2019, ch. 244, § 3.
RI Gen L § 45-24-46 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24 - Zoning Ordinances|Section 45-24-46 - Special provisions - Modification.

§ 45-24-46. Special provisions — Modification.(a) A zoning ordinance may provide for the issuance of modifications or adjustments from the literal dimensional requirements of the zoning ordinance in the instance of the construction, alteration, or structural modification of a structure or lot of record. If the ordinance allows modifications then the zoning enforcement officer is authorized to grant modification permits. The zoning ordinance establishes the maximum percent allowed for a modification, which shall not exceed twenty-five percent (25%), of any of the dimensional requirements specified in the zoning ordinance. A modification does not permit moving of lot lines. The zoning ordinance shall specify which dimensional requirements or combinations of these requirements are allowable under a modification. These requirements may differ by use or zoning district. Within ten (10) days of the receipt of a request for a modification, the zoning enforcement officer shall make a decision as to the suitability of the requested modification based on the following determinations:(1) The modification requested is reasonably necessary for the full enjoyment of the permitted use;(2) If the modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;(3) The modification requested is in harmony with the purposes and intent of the comprehensive plan and zoning ordinance of the city or town; and(4) The modification requested does not require a variance of a flood hazard requirement.(b) Upon an affirmative determination, the zoning enforcement officer shall notify, by registered or certified mail, all property owners abutting the property which is the subject of the modification request, and shall indicate the street address of the subject property in the notice, and shall publish in a newspaper of general circulation within the city or town that the modification will be granted unless written objection is received within thirty (30) days of the public notice. If written objection is received within thirty (30) days, the request for a modification shall be denied. In that case the changes requested will be considered a request for a variance and may only be issued by the zoning board of review following the standard procedures for variances. If no written objections are received within thirty (30) days, the zoning enforcement officer shall grant the modification. The zoning enforcement officer may apply any special conditions to the permit as may, in the opinion of the officer, be required to conform to the intent and purposes of the zoning ordinance. The zoning enforcement officer shall keep public records of all requests for modifications, and of findings, determinations, special conditions, and any objections received. Costs of any notice required under this subsection shall be borne by the applicant requesting the modification.History of Section.P.L. 1991, ch. 307, § 1.
RI Gen L § 45-24-46.2 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24 - Zoning Ordinances|Section 45-24-46.2 - Special provisions - Transfer of development rights - North Kingstown.

§ 45-24-46.2. Special provisions — Transfer of development rights — North Kingstown.(a) In addition to other powers granted to towns and cities by this chapter to establish and administer transfer of development rights programs, the town council of the town of North Kingstown may provide by ordinance for the transfer of development rights, as a voluntary program available to developers and property owners, in the manner set forth in this section.(b) The establishment, as provided for by this section, of a system for transfer of development rights within or between zoning districts, or a portion thereof, designated in the zoning ordinance shall be:(1) For the purpose of providing developers and property owners the ability to establish, certify, purchase, sell, convey, and/or hold land development rights; and(2) For one or more of the following purposes:(i) Preserving sensitive resource areas in the community such as groundwater reserves, wildlife habitat, agricultural lands, and public access to surface waters;(ii) Directing development away from sensitive resource areas to places better suited to increased levels of development such as established or proposed mixed use, commercial, village, or residential centers;(iii) Directing development to areas served by existing infrastructure such as established roadways, public water supply systems, centralized sewer collection systems, public transit and other utilities; or(iv) Shaping and balancing urban and rural development; and/or promoting a high level of quality in design in the development of private and public facilities and spaces.(c) For purposes of this section the following terms shall have the following meaning:(1) "Receiving area district" means a zoning district, which is established and mapped pursuant to a transfer of development rights ordinance and superimposed on one or more zoning use districts or portions thereof that is eligible to receive development rights through a major land development project review. As may be necessary or desirable to achieve the intended uses, density and intensity of use, a receiving area district may allow for additional development capacity and for increased lot building coverage and building envelope that are greater than those of the underlying zoning.(2) "Sending area district" means a zoning district, which is established and mapped pursuant to a transfer of development rights ordinance and superimposed on one or more zoning use districts or a portion thereof, that is eligible to establish development rights that may eventually be transferred to a receiving area.History of Section.P.L. 2010, ch. 194, § 1; P.L. 2010, ch. 228, § 1.
RI Gen L § 45-24-46.3 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24 - Zoning Ordinances|Section 45-24-46.3 - Special provisions - Transfer of development rights - Exeter.

§ 45-24-46.3. Special provisions — Transfer of development rights — Exeter.(a) In addition to other powers granted to towns and cities by this chapter to establish and administer transfer of development rights programs, the town council of the town of Exeter may provide by ordinance for the transfer of development rights, as a voluntary program available to developers and property owners, in the manner set forth in this section.(b) For purposes of this section the following terms shall have the following meaning:(1) "Receiving area district" means a zoning district, which is established and mapped pursuant to a transfer of development rights ordinance and superimposed on one or more zoning use districts or portions thereof, that is eligible to receive development rights through a major land development project review. As may be necessary or desirable to achieve the intended uses, density and intensity of use, a receiving area district may allow for additional development capacity and for increased lot building coverage and building envelope that are greater than those of the underlying zoning.(2) "Sending area district" means a zoning district, which is established and mapped pursuant to a transfer of development rights ordinance and superimposed on one or more zoning use districts or a portion thereof, that is eligible to establish development rights that may eventually be transferred to a receiving area.(c) The establishment, as provided for by this section, of a system for transfer of development rights within or between zoning districts, or a portion thereof, designated in the zoning ordinance shall be:(1) For the purpose of providing developers and property owners the ability to establish, certify, purchase, sell, convey, and/or hold land development rights; and(2) For one or more of the following purposes:(i) Preserving sensitive resource areas in the community such as groundwater reserves, wildlife habitat, agricultural lands, and public access to surface waters;(ii) Directing development away from sensitive resource areas to places better suited to increased levels of development such as established or proposed mixed use, commercial, village, or residential centers;(iii) Directing development to areas served by existing infrastructure such as established roadways, public water supply systems, centralized sewer collection systems, public transit and other utilities; or(iv) Shaping and balancing urban and rural development, and/or promoting a high level of quality in design in the development of private and public facilities and spaces.History of Section.P.L. 2010, ch. 194, § 1; P.L. 2010, ch. 228, § 1.
RI Gen L § 45-24-48 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24 - Zoning Ordinances|Section 45-24-48 - Special provisions - Preapplication conference.

§ 45-24-48. Special provisions — Preapplication conference.A zoning ordinance may provide for a preapplication conference for specific types of development proposals. A preapplication conference is intended to allow the designated agency to:(1) Acquaint the applicant with the comprehensive plan and any specific plans that apply to the parcel, as well as the zoning and other ordinances that affect the proposed development;(2) Suggest improvements to the proposed design on the basis of a review of the sketch plan;(3) Advise the applicant to consult appropriate authorities on the character and placement of public utility services; and(4) Help the applicant to understand the steps to be taken to receive approval.History of Section.P.L. 1991, ch. 307, § 1.
RI Gen L § 45-24-49 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-24 - Zoning Ordinances|Section 45-24-49 - Special provisions - Development plan review.

§ 45-24-49. Special provisions — Development plan review.(a) A zoning ordinance may permit development plan review of applications for uses requiring a special-use permit, a variance, a zoning ordinance amendment, and/or a zoning map change. The review shall be conducted by the planning board or commission and shall be advisory to the permitting authority.(b) A zoning ordinance may permit development plan review of applications for uses that are permitted by right under the zoning ordinance, but the review shall only be based on specific and objective guidelines which must be stated in the zoning ordinance. The review body shall also be set forth in and be established by the zoning ordinance. A rejection of the application shall be considered an appealable decision pursuant to § 45-24-64.(c) Nothing in this subsection shall be construed to permit waivers of any regulations unless approved by the permitting authority pursuant to the local ordinance and this act.History of Section.P.L. 1991, ch. 307, § 1; P.L. 1992, ch. 385, § 2; P.L. 2009, ch. 310, § 55.