reglab/housing_qa huggingface dataset:
RI Gen L § 1-3-2 (2021)
2021 Rhode Island General Laws|Title 1 - Aeronautics|Chapter 1-3 - Airport Zoning|Section 1-3-2 - Definitions.

§ 1-3-2. Definitions.As used in this chapter, unless the context otherwise requires:(1) "Airport" means any area of land or water, or both, designed and set aside for the approach, landing, and taking off of aircraft and utilized or to be utilized in the interest of the public for those purposes. An airport is "publicly owned" if the portion used for the landing and taking off of aircraft is owned, operated, controlled, leased to or leased by the United States, or any agency or department of the United States, this state, or any other state, or any municipality or other political subdivision of this state, or any other state, or any other governmental body, public agency, or other public corporation.(2) "Airport corporation" means the Rhode Island airport corporation.(3) "Airport hazard" means any electronic transmission device or structure, that, as determined by the federal aviation administration, interferes with radio communication between airport and aircraft approaching or leaving the airport, or any structure or tree or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at any airport or is otherwise hazardous to the landing or taking off of aircraft.(4) "Airport hazard area" means any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter.(5) "Obstruction" means any tangible, inanimate physical object, natural or artificial, protruding above the surface of the ground.(6) "Person" means any individual, firm, co-partnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee or other similar representative.(7) "Political subdivision" means any city or town or any other public corporation, authority or district, department, or any combination of two (2) or more, currently empowered to adopt, administer and enforce municipal zoning regulations or to purchase or condemn pursuant to § 1-2-3.(8) "Structure" means any object constructed or installed by humans, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines, including the poles or other structures supporting the object.(9) "Tree" means any object of natural growth.History of Section.P.L. 1946, ch. 1743, § 1; G.L. 1956, § 1-3-2; P.L. 1999, ch. 462, § 1; P.L. 2021, ch. 349, § 2, effective July 12, 2021; P.L. 2021, ch. 350, § 2, effective July 12, 2021.
RI Gen L § 1-3-3 (2021)
2021 Rhode Island General Laws|Title 1 - Aeronautics|Chapter 1-3 - Airport Zoning|Section 1-3-3 - Declaration of policy.

§ 1-3-3. Declaration of policy.It is found and declared that an airport hazard endangers the lives and property of users of the airport and of occupants of land and other persons in its vicinity and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off, and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment in the airport. Accordingly, it is declared:(1) That the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question.(2) That it is necessary in the interest of the public health, safety, and general welfare that the creation or establishment of airport hazards be prevented.(3) That this should be accomplished, to the extent legally by proper exercise of the police power, without compensation.(4) That the prevention of the creation or establishment of airport hazards, and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards, are public purposes for which the state and its political subdivisions may raise and expend public funds and acquire land or property interests.(5) That any obstructions to the use of navigable airspace destroy and impair the safe use of such airspace thereby endangering aircraft and are not in the interest of public health, public safety, or general welfare.History of Section.P.L. 1946, ch. 1743, § 2; G.L. 1956, § 1-3-3; P.L. 1999, ch. 462, § 1.
RI Gen L § 1-3-4 (2021)
2021 Rhode Island General Laws|Title 1 - Aeronautics|Chapter 1-3 - Airport Zoning|Section 1-3-4 - Airport approach plans.

§ 1-3-4. Airport approach plans.The airport corporation shall formulate, adopt, and revise, when necessary for planning, an airport airspace plan for each publicly owned airport in the state. Each plan shall indicate the circumstances under which structures and trees are, or would be, airport hazards; the area within which measures for the protection of the airport's navigable airspace, including aerial approaches, should be taken; and what the height limits and other objectives of those measures should be. In adopting or revising any airspace plan, the airport corporation shall consider, among other things, the character of flying operations expected to be conducted at the airport; the traffic pattern and regulations affecting flying operations at the airport; the nature of the terrain; the height of existing structures and trees above the level of the airport; and the possibility of lowering or removing existing obstructions. The airport corporation may obtain and consider the views of the agency of the federal government charged with the fostering of civil aeronautics as to the aerial approaches and other regulated airspace necessary to safe flying operations at the airport.History of Section.P.L. 1946, ch. 1743, § 3; G.L. 1956, § 1-3-4; P.L. 1999, ch. 462, § 1; P.L. 2016, ch. 512, art. 2, § 34; P.L. 2021, ch. 349, § 2, effective July 12, 2021; P.L. 2021, ch. 350, § 2, effective July 12, 2021.
RI Gen L § 1-3-5 (2021)
2021 Rhode Island General Laws|Title 1 - Aeronautics|Chapter 1-3 - Airport Zoning|Section 1-3-5 - Zoning powers of political subdivisions.

§ 1-3-5. Zoning powers of political subdivisions.(1) In order to prevent the creation or establishment of airport hazards, every political subdivision having an airport hazard area wholly or partly within its territorial limits shall adopt, administer, and enforce, under the police power and in the manner and upon the conditions prescribed, airport zoning regulations for that part of the airport hazard area which is within its territorial limits, which regulations may divide the airport hazard area into zones, and, within those zones, specify the land uses permitted and regulate and restrict the height to which structures and trees may be erected or allowed to grow.(2) A political subdivision which includes an airport hazard area created by the location of a public airport shall adopt, administer, and enforce zoning ordinances pursuant to this chapter if the existing comprehensive zoning ordinance for the political subdivision does not provide for the land uses permitted, and regulate and restrict the height to which structures may be erected or objects of natural growth may be allowed to grow in, an airport hazard area.(3) A political subdivision which includes an airport hazard area created by the location of a public airport shall adopt, either in full or by reference, the provisions of part 77 of title 14 of the code of federal regulations, entitled "Objects Affecting Navigable Airspace" hereinafter known as part 77.History of Section.P.L. 1946, ch. 1743, § 4; G.L. 1956, § 1-3-5; P.L. 1999, ch. 462, § 1.
RI Gen L § 1-3-6 (2021)
2021 Rhode Island General Laws|Title 1 - Aeronautics|Chapter 1-3 - Airport Zoning|Section 1-3-6 - Joint zoning boards.

§ 1-3-6. Joint zoning boards.Where an airport is owned or controlled by a political subdivision or where any other publicly owned airport is in one or more political subdivisions and where any airport hazard area appertaining to that airport is located outside the territorial limits of the political subdivision or subdivisions, the political subdivisions in which the airport and airport hazard area or areas are located may, by ordinance or resolution adopted, create a joint airport zoning board. The board shall have the same power to adopt, administer, and enforce airport zoning regulations applicable to the airport hazard area or areas in question as that vested by § 1-3-5 in the political subdivision within which the area is located. Each joint board shall have as members two (2) representatives appointed by the city or town council or other legislative body of each political subdivision participating in its creation or addition. Another member is to be chairperson, elected by a majority of the members appointed.History of Section.P.L. 1946, ch. 1743, § 4; G.L. 1956, § 1-3-6; P.L. 1999, ch. 462, § 1.
RI Gen L § 1-3-7 (2021)
2021 Rhode Island General Laws|Title 1 - Aeronautics|Chapter 1-3 - Airport Zoning|Section 1-3-7 - Airspace plans to be considered in zoning.

§ 1-3-7. Airspace plans to be considered in zoning.In adopting, administering, and enforcing any airport zoning regulations under this chapter, the political subdivision or subdivisions shall consider the airport airspace plan prepared by the airport corporation and the further considerations outlined in § 1-3-4.History of Section.P.L. 1946, ch. 1743, § 4; G.L. 1956, § 1-3-7; P.L. 1999, ch. 462, § 1.
RI Gen L § 1-3-8 (2021)
2021 Rhode Island General Laws|Title 1 - Aeronautics|Chapter 1-3 - Airport Zoning|Section 1-3-8 - Reasonableness of zoning regulations.

§ 1-3-8. Reasonableness of zoning regulations.All airport zoning regulations adopted under this chapter shall be reasonable and none shall impose any requirement or restriction which is not reasonably necessary to effectuate the purpose of the chapter. In addition, each political subdivision and zoning board shall consider the regulations or standards promulgated by the Federal Aviation Administration in zoning the use of land and structures in areas over which jurisdiction is assumed.History of Section.P.L. 1946, ch. 1743, § 4; G.L. 1956, § 1-3-8; P.L. 1999, ch. 462, § 1.
RI Gen L § 1-3-9 (2021)
2021 Rhode Island General Laws|Title 1 - Aeronautics|Chapter 1-3 - Airport Zoning|Section 1-3-9 - Continuance of existing uses.

§ 1-3-9. Continuance of existing uses.No airport zoning regulations adopted under this chapter shall require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations when adopted or amended, or otherwise interfere with the continuance of any nonconforming use, except as provided in §§ 1-3-14 — 1-3-16.History of Section.P.L. 1946, ch. 1743, § 4; G.L. 1956, § 1-3-9.
RI Gen L § 1-3-10 (2021)
2021 Rhode Island General Laws|Title 1 - Aeronautics|Chapter 1-3 - Airport Zoning|Section 1-3-10 - Purchase or condemnation of air rights.

§ 1-3-10. Purchase or condemnation of air rights.In any case in which:(1) It is desired to remove, lower, or otherwise terminate a nonconforming use; or(2) The approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under this chapter; or(3) It appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations,the political subdivision within which the property or nonconforming use is located or the political subdivision owning the airport or served by it may acquire, by purchase, grant, or condemnation in the manner provided by the law under which political subdivisions are authorized to acquire real property for public purposes, any air right, easement, or other estate or interest in the property or nonconforming use in question as may be necessary to effectuate the purposes of this chapter.History of Section.P.L. 1946, ch. 1743, § 11; G.L. 1956, § 1-3-10.
RI Gen L § 1-3-11 (2021)
2021 Rhode Island General Laws|Title 1 - Aeronautics|Chapter 1-3 - Airport Zoning|Section 1-3-11 - Procedure for adoption of regulations.

§ 1-3-11. Procedure for adoption of regulations.No airport zoning regulations shall be adopted, amended, or changed under this chapter except by action of the legislative body of the political subdivision in question, or the joint board provided for in § 1-3-6, after a public hearing in relation to these zoning regulations, at which parties of interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of the hearing shall be published in an official paper, or a paper of general circulation, in the political subdivision or subdivisions in which the airport or airport hazard areas are located.History of Section.P.L. 1946, ch. 1743, § 6; G.L. 1956, § 1-3-11; P.L. 1999, ch. 462, § 1.
RI Gen L § 1-3-12 (2021)
2021 Rhode Island General Laws|Title 1 - Aeronautics|Chapter 1-3 - Airport Zoning|Section 1-3-12 - Incorporation in general zoning regulations.

§ 1-3-12. Incorporation in general zoning regulations.In the event that a political subdivision has adopted, or adopts, a comprehensive zoning ordinance regulating, among other things, the height of buildings, any airport zoning regulations adopted for the same area or portion of the area under this chapter may be incorporated in those general zoning regulations and be administered and enforced in connection with those regulations, but those general zoning regulations shall not limit the effectiveness of the regulations adopted under this chapter.History of Section.P.L. 1946, ch. 1743, § 5; G.L. 1956, § 1-3-12.
RI Gen L § 1-3-13 (2021)
2021 Rhode Island General Laws|Title 1 - Aeronautics|Chapter 1-3 - Airport Zoning|Section 1-3-13 - Conflict with general zoning regulations.

§ 1-3-13. Conflict with general zoning regulations.In the event of conflict between any airport zoning regulations adopted under this chapter and any other regulations applicable to the same area, whether the conflict is with respect to the height of structures or trees, the use of land, or any other matter, and whether those regulations were adopted by the political subdivision that adopted the airport zoning regulations or by some other political subdivision, the more stringent limitation or requirement shall govern.History of Section.P.L. 1946, ch. 1743, § 5; G.L. 1956, § 1-3-13.
RI Gen L § 1-3-15 (2021)
2021 Rhode Island General Laws|Title 1 - Aeronautics|Chapter 1-3 - Airport Zoning|Section 1-3-15 - Variances.

§ 1-3-15. Variances.Any person desiring to erect any structures; increase the height of any structure; permit the growth of any tree; or otherwise use his or her property in violation of airport zoning regulations adopted under this chapter may apply to the board of appeals, as provided in §§ 1-3-18 — 1-3-26, for a variance from the zoning regulations in question. Variances shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of the regulations of this chapter.History of Section.P.L. 1946, ch. 1743, § 7; G.L. 1956, § 1-3-15.
RI Gen L § 1-3-16 (2021)
2021 Rhode Island General Laws|Title 1 - Aeronautics|Chapter 1-3 - Airport Zoning|Section 1-3-16 - Obstruction markers.

§ 1-3-16. Obstruction markers.In granting any permit or variance under §§ 1-3-14 — 1-3-16, the administrative agency or board of appeals may, if it deems the action advisable to effectuate the purposes of this chapter and reasonable in the circumstances, condition the permit or variance as to require the owner of the structure or tree in question to permit the political subdivision, at its own expense, to install, operate, and maintain suitable obstruction markers and obstruction lights thereon.History of Section.P.L. 1946, ch. 1743, § 7; G.L. 1956, § 1-3-16; P.L. 2016, ch. 512, art. 2, § 34.
RI Gen L § 1-3-17 (2021)
2021 Rhode Island General Laws|Title 1 - Aeronautics|Chapter 1-3 - Airport Zoning|Section 1-3-17 - Delegation of administration and enforcement duties.

§ 1-3-17. Delegation of administration and enforcement duties.The legislative body of any political subdivision adopting airport zoning regulations under this chapter may delegate the duty of administering and enforcing those regulations to any administrative agency under its jurisdiction or may create a new administrative agency to perform the duty, but the administrative agency shall not be, or include any member of, the board of appeals. The duties of the administrative agency shall include that of hearing and deciding all permits under § 1-3-14 but the agency shall not have or exercise any of the powers delegated to the board of appeals.History of Section.P.L. 1946, ch. 1743, § 8; G.L. 1956, § 1-3-17.
RI Gen L § 1-3-18 (2021)
2021 Rhode Island General Laws|Title 1 - Aeronautics|Chapter 1-3 - Airport Zoning|Section 1-3-18 - Powers of board of appeals.

§ 1-3-18. Powers of board of appeals.Airport zoning regulations adopted under this chapter shall provide for a board of appeals to have and exercise the following powers:(1) To hear and decide appeals from any order, requirement, decision, or determination made by the administrative agency in the enforcement of this chapter or of any ordinance adopted;(2) To hear and decide special exceptions to the terms of the ordinances which the board may be required to pass under the ordinance; and(3) To hear and decide specific variances under § 1-3-15.History of Section.P.L. 1946, ch. 1743, § 8; G.L. 1956, § 1-3-18.
RI Gen L § 1-3-19 (2021)
2021 Rhode Island General Laws|Title 1 - Aeronautics|Chapter 1-3 - Airport Zoning|Section 1-3-19 - Composition of board of appeals.

§ 1-3-19. Composition of board of appeals.Where a zoning board of appeals or adjustment already exists, it may be appointed as the board of appeals. Otherwise, the board of appeals shall consist of five (5) members, each to be appointed for a term of three (3) years and to be removable for cause by the appointing authority upon written charges and after a public hearing.History of Section.P.L. 1946, ch. 1743, § 8; G.L. 1956, § 1-3-19.
RI Gen L § 1-3-20 (2021)
2021 Rhode Island General Laws|Title 1 - Aeronautics|Chapter 1-3 - Airport Zoning|Section 1-3-20 - Rules, meetings, and witnesses of board of appeals.

§ 1-3-20. Rules, meetings, and witnesses of board of appeals.The board shall adopt rules in accordance with the provisions of any ordinance adopted under this chapter. Meetings of the board shall be held at the call of the chairperson and at any other times that the board may determine. The chairperson, or in his or her absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be public.History of Section.P.L. 1946, ch. 1743, § 8; G.L. 1956, § 1-3-20; P.L. 1987, ch. 78, § 6.
RI Gen L § 1-3-21 (2021)
2021 Rhode Island General Laws|Title 1 - Aeronautics|Chapter 1-3 - Airport Zoning|Section 1-3-21 - Parties entitled to appeal - Filing.

§ 1-3-21. Parties entitled to appeal — Filing.Appeals to the board may be taken by any person aggrieved or by any officer, department, board, or bureau of the political subdivision affected by any decision of the administrative agency. An appeal must be taken within a reasonable time, as provided by the rules of the board, by filing with the agency from which the appeal is taken and with the board, a notice of appeal specifying the grounds. The agency from which the appeal is taken shall transmit to the board all the papers constituting the record upon which the action appealed from was taken.History of Section.P.L. 1946, ch. 1743, § 8; G.L. 1956, § 1-3-21.
RI Gen L § 1-3-22 (2021)
2021 Rhode Island General Laws|Title 1 - Aeronautics|Chapter 1-3 - Airport Zoning|Section 1-3-22 - Stay of proceedings by appeal.

§ 1-3-22. Stay of proceedings by appeal.An appeal shall stay all proceedings in furtherance of the action appealed from, unless the agency from which the appeal is taken certifies to the board, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In the latter case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application on notice to the agency from which the appeal is taken and on due cause shown.History of Section.P.L. 1946, ch. 1743, § 8; G.L. 1956, § 1-3-22.
RI Gen L § 1-3-23 (2021)
2021 Rhode Island General Laws|Title 1 - Aeronautics|Chapter 1-3 - Airport Zoning|Section 1-3-23 - Hearing of appeals.

§ 1-3-23. Hearing of appeals.The board shall fix a reasonable time for the hearing of the appeal, give public notice and due notice to the parties in interest, and decide the appeal within a reasonable time. Upon the hearing, any party may appear in person, by agent, or by attorney.History of Section.P.L. 1946, ch. 1743, § 8; G.L. 1956, § 1-3-23.
RI Gen L § 1-3-24 (2021)
2021 Rhode Island General Laws|Title 1 - Aeronautics|Chapter 1-3 - Airport Zoning|Section 1-3-24 - Decisions by board of appeals.

§ 1-3-24. Decisions by board of appeals.The board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make any order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the administrative agency from which the appeal is taken.History of Section.P.L. 1946, ch. 1743, § 8; G.L. 1956, § 1-3-24.
RI Gen L § 1-3-25 (2021)
2021 Rhode Island General Laws|Title 1 - Aeronautics|Chapter 1-3 - Airport Zoning|Section 1-3-25 - Majority vote of board of appeals.

§ 1-3-25. Majority vote of board of appeals.The concurring vote of a majority of the members of the board shall be sufficient to reverse any order, requirement, decision, or determination of the administrative agency; or to decide in favor of the applicant on any matter upon which it is required to pass under any ordinance; or to effect any variation in an ordinance.History of Section.P.L. 1946, ch. 1743, § 8; G.L. 1956, § 1-3-25.
RI Gen L § 1-3-26 (2021)
2021 Rhode Island General Laws|Title 1 - Aeronautics|Chapter 1-3 - Airport Zoning|Section 1-3-26 - Records of board of appeals.

§ 1-3-26. Records of board of appeals.The board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating that fact, and shall keep records of its examinations and other official actions, all of which shall be filed immediately in the office of the board and shall be a public record.History of Section.P.L. 1946, ch. 1743, § 8; G.L. 1956, § 1-3-26.
RI Gen L § 1-3-27 (2021)
2021 Rhode Island General Laws|Title 1 - Aeronautics|Chapter 1-3 - Airport Zoning|Section 1-3-27 - Judicial review.

§ 1-3-27. Judicial review.Any person or persons jointly or severally aggrieved by any decision of the board of appeals, or any taxpayer, or any officer, department, board, or bureau of the political subdivision, or the airports division, may appeal to the superior court in the manner prescribed by § 45-24-63 and the provisions of that section shall in all respects be applicable to the appeal.History of Section.P.L. 1946, ch. 1743, § 9; G.L. 1956, § 1-3-27; P.L. 1969, ch. 239, § 49; P.L. 2016, ch. 512, art. 2, § 34.
RI Gen L § 1-3-28 - 1-3-30 (2021)
2021 Rhode Island General Laws|Title 1 - Aeronautics|Chapter 1-3 - Airport Zoning|Section 1-3-28 - 1-3-30 - Repealed.

§ 1-3-28 — 1-3-30. Repealed.
RI Gen L § 1-3-31 (2021)
2021 Rhode Island General Laws|Title 1 - Aeronautics|Chapter 1-3 - Airport Zoning|Section 1-3-31 - Costs against board of appeals.

§ 1-3-31. Costs against board of appeals.Costs shall not be allowed against the board of appeals unless it appears to the court that it acted with gross negligence, in bad faith, or with malice in making the decision appealed from.History of Section.P.L. 1946, ch. 1743, § 9; G.L. 1956, § 1-3-31.