reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.1 - Historical Area Zoning › Section 45-24.1-21. - Preservation of historical structures in Narragansett.

§ 45-24.1-21. Preservation of historical structures in Narragansett.
In addition to all other powers granted by the provisions of this chapter, the town of Narragansett is authorized by ordinance to establish, upon recommendation of its historic districts commission, a list of specified buildings or structures which are deemed to be of historic or architectural value, and, from time to time, to add to or delete from the list in the same manner as it is presently empowered; to establish or change areas of classification of zoning; and to regulate the construction, alteration, repair, moving, and demolition of buildings and structures.
History of Section.
P.L. 1988, ch. 49, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.1 - Historical Area Zoning › Section 45-24.1-22. - Preservation of historical structures in New Shoreham.

§ 45-24.1-22. Preservation of historical structures in New Shoreham.
In addition to all other powers granted by provisions of this chapter, the town of New Shoreham is authorized by ordinance to establish, upon recommendation of its historic district commission, a list of specified buildings or structures which are deemed to be of historic or architectural value, and, from time to time, to add to or delete from the list in the same manner as it is presently empowered, to establish or change areas of classification of zoning, and to regulate the construction, alteration, repair, moving, and demolition of buildings and structures.
History of Section.
P.L. 2011, ch. 33, § 1; P.L. 2011, ch. 38, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.1 - Historical Area Zoning › Section 45-24.1-23. - Preservation of historic structures in Cumberland.

§ 45-24.1-23. Preservation of historic structures in Cumberland.
In addition to all other powers granted by the provisions of this chapter, the town of Cumberland is authorized by ordinance to establish, upon recommendation of its historic district commission, a list of specified buildings or structures that are deemed to be of historic or architectural value, and, from time to time, to add or delete from the list by ordinance, and to require that demolition of properties on the list be delayed for a period of time as authorized by ordinance to provide time to evaluate prescribed alternatives to demolition.
History of Section.
P.L. 2020, ch. 45, § 1; P.L. 2020, ch. 56, § 2.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.2 - Minimum Housing Standards › Section 45-24.2-1. - Legislative findings.

§ 45-24.2-1. Legislative findings.
It is hereby found and declared:
(1)
That there exist, in the various cities and towns numerous dwellings and dwelling premises which are substandard due to dilapidation, deterioration and disrepair of dwellings and dwelling premises, structural defects, uncleanliness, lack of adequate ventilation, light, sanitary, heating, and hot water facilities, overcrowding of dwellings, occupancy of unfit dwellings, and other conditions and defects which increase the hazards of illness, disease, fire, accidents, and other calamities;
(2)
That these conditions, singly or in combination, endanger the health, safety, morals, and general welfare of the people of the various cities and towns, and give impetus to the development, continuation, extension, and aggravation of blighted and substandard housing conditions; and
(3)
That it is a matter of legislative determination that the establishment of minimum standards for dwellings is essential to the protection of the public health, safety, morals, and general welfare.
History of Section.
P.L. 1962, ch. 87, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.2 - Minimum Housing Standards › Section 45-24.2-2. - Definitions.

§ 45-24.2-2. Definitions.
(a)
“Board” means the board established or designated as the housing board of review.
(b)
“Dwelling” means any building or structure or part thereof, including hotels and rooming houses, that is used, occupied, or intended to be used or occupied for human habitation, and includes dwelling premises, appurtenances, and facilities belonging to the dwelling or usually enjoyed with it. Whenever the word “dwelling” is used in this chapter, it shall be construed as if followed by the words “or any part thereof”.
(c)
“Dwelling premises” means the land and auxiliary buildings, used or intended to be used in connection with the dwelling.
(d)
“Enforcing officer” means the head, or his or her duly authorized representative, of the division, bureau, office, department, or agency responsible for enforcing and administering any ordinance, rule, or regulation adopted pursuant to the provisions of this chapter.
(e)
“Limited equity housing cooperative” means a limited equity cooperative housing corporation chartered pursuant to chapter 6.1 of title 7.
(f)
“Low income residents” means those residents with incomes not exceeding fifty percent (50%) of the median household income as reported in the most recent federal census.
(g)
“Moderate income residents” means those residents with incomes not exceeding eighty percent (80%) of the median household income as reported in the most recent federal census.
History of Section.
P.L. 1962, ch. 87, § 1; P.L. 1986, ch. 256, § 8; P.L. 1987, ch. 185, § 2.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.2 - Minimum Housing Standards › Section 45-24.2-4. - Establishment of enforcement agencies.

§ 45-24.2-4. Establishment of enforcement agencies.
The city and town councils authorized to adopt ordinances relating to minimum standards may further provide for the creation and establishment of divisions, offices, departments, bureaus, and agencies and their respective officers, deputies, and agents as may be required to enforce and administer the powers and duties authorized by this chapter.
History of Section.
P.L. 1962, ch. 87, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.2 - Minimum Housing Standards › Section 45-24.2-5.1. - Present appointments unaffected.

§ 45-24.2-5.1. Present appointments unaffected.
Nothing contained in § 45-24.2-5 shall in any way alter any other part or provision of this title or any appointments made under its provisions, all of which remain in full force and effect.
History of Section.
P.L. 1972, ch. 222, § 2.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.2 - Minimum Housing Standards › Section 45-24.2-6. - Court review.

§ 45-24.2-6. Court review.
Any person, including the enforcing officer, aggrieved by any decision of the board, whether established by § 45-24.3-16 or by any ordinance, rule, or regulation passed pursuant either to this chapter or to any special act governing minimum housing, may appeal a decision to the district court encompassing the area wherein the real estate is located. Appeal shall be made by filing a complaint with the court stating the facts upon which the appeal is based and setting forth the reasons for the appeal. The complaint shall be filed within thirty (30) days after mailing notice of the final decision of the board, and copies of the complaint shall be served upon the board and all other parties of record in the manner prescribed by applicable procedural rules of the district court. A party aggrieved by any judgment of the district court may seek further review by the supreme court in accordance with § 8-8-3.2(b).
History of Section.
P.L. 1962, ch. 87, § 1; P.L. 1977, ch. 277, § 5; P.L. 1978, ch. 182, § 2.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.2 - Minimum Housing Standards › Section 45-24.2-7. - Penalties — District court jurisdiction — Providence housing court — Lead court calendar — Municipal court of the town of North Providence — Review by Supreme Court.

§ 45-24.2-7. Penalties — District court jurisdiction — Providence housing court — Lead court calendar — Municipal court of the town of North Providence — Review by Supreme Court.
(a)
Failure to comply with any ordinance, rule, or regulation passed pursuant either to the authority hereof or to any special act governing minimum housing shall constitute a violation, as defined in § 11-1-2, punishable by a fine of not more than five hundred dollars ($500) for each violation, and each day’s failure to comply with any provision shall constitute a separate violation. The district court shall have exclusive original jurisdiction of all violations as provided in § 12-3-1; provided, that in the city of Providence, the Providence housing court shall have jurisdiction to try violations occurring within the city of Providence; provided, further, that in the town of North Providence, the municipal court of the town of North Providence shall have jurisdiction to try violations occurring within the town of North Providence, but only in the event that the city shall by ordinance create a court for the purpose of exercising jurisdiction over minimum housing standards. A party aggrieved by any judgment of the district court imposing a fine pursuant to this section may seek review by the supreme court in accordance with § 12-22-1.1.
(b)
The city council of the city of Providence may establish within its housing court a separate calendar within the jurisdiction of the housing court to be known and referred to as the “lead court calendar” for the hearing trial and disposition of actions involving lead within buildings and on premises or property in the city of Providence, including, but not limited to, actions brought pursuant to chapter 24.6 of title 23 (“Lead Poisoning Prevention Act”) and/or chapter 128.1 of title 42 (“Lead Hazard Mitigation”). The jurisdiction of the “lead court calendar” of the Providence housing court shall be concurrent with any other court or entity given jurisdiction to hear such matters under the general laws. A justice of the lead court calendar may defer or order a case removed to another court or forum of competent jurisdiction, including, but not limited to, an appropriate administrative agency, if the judge determines that such other court or forum would be a more appropriate court or forum to hear the matter involved.
History of Section.
P.L. 1962, ch. 87, § 1; P.L. 1977, ch. 277, § 4; P.L. 1978, ch. 182, § 2; P.L. 1986, ch. 547, § 8; P.L. 1995, ch. 17, § 3; P.L. 1996, ch. 214, § 1; P.L. 2011, ch. 89, § 1; P.L. 2011, ch. 135, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.2 - Minimum Housing Standards › Section 45-24.2-8. - Court proceedings.

§ 45-24.2-8. Court proceedings.
(a)
The district court has, upon proceedings instituted in the name of any of the several cities or towns, power to proceed according to equity to:
(1)
Restrain, prevent, enjoin, abate, or correct a violation; or
(2)
Order the repair, vacation, or demolition of any dwelling existing in violation of the provisions of any ordinance passed or to otherwise compel compliance with all of the provisions of any ordinance adopted pursuant to the authority of this chapter or any special act governing minimum housing standards.
(b)
When, under the provisions of any ordinance passed pursuant to the authority of this chapter or any special act, any work is done or material furnished by any enforcing officer or by the officer’s order at the expense of the owner or other persons interested, the value of that work and material may be recovered in an action brought against the owner or other interested person or persons, and if any work or materials has been done or furnished at the cost of the city or town, the enforcing officer shall cause the action to be brought in the name of the city or town. Upon the entry of any case or proceeding brought under the provisions of any ordinance passed pursuant to the authority of this chapter or any special act, the court shall, at the request of either party, advance the case so that it may be heard and determined with as little delay as possible. All proceedings instituted in the names of the several cities or towns are exempt from the payment of the district court filing fees. A party aggrieved by any judgment of the district court may seek review by the supreme court in accordance with § 8-8-3.2(b).
History of Section.
P.L. 1962, ch. 87, § 1; P.L. 1977, ch. 277, § 5; P.L. 1978, ch. 182, § 2.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.2 - Minimum Housing Standards › Section 45-24.2-9. - Severability.

§ 45-24.2-9. Severability.
If any provision of this chapter or the application of this chapter to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances shall not be affected.
History of Section.
P.L. 1962, ch. 87, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.2 - Minimum Housing Standards › Section 45-24.2-10. - Construction of chapter.

§ 45-24.2-10. Construction of chapter.
This chapter shall be construed most favorably to cities and towns, its intention being to give cities and towns the fullest and most complete powers possible concerning the subject matter of the chapter.
History of Section.
P.L. 1962, ch. 87, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.2 - Minimum Housing Standards › Section 45-24.2-11. - Rent payments.

§ 45-24.2-11. Rent payments.
Notwithstanding any lease or other agreement, if the enforcing officer of any city or town, which has adopted the provisions of this chapter, has ordered the repair, alteration, or improvement of a dwelling in that the officer has disclosed the dwelling to be a serious hazard or imminent peril to the health, safety, or welfare of the occupants, then the obligations of paying the rent to the landlord are suspended, and the rent shall be paid into an escrow account established by the enforcing officer to be paid to the landlord or any other party authorized to make repairs (including the enforcing officer) to defray the costs of correcting the conditions, and no action shall be maintained by the landlord against the tenant for the rent or for possession. Sums paid into the escrow fund in excess of those necessary to make repairs shall be paid to the landlord on completion. If the tenant fails to make payments to the enforcing officer then an action for rent or possession may be maintained, subject to any defenses that the tenant may have under the lease or agreement.
History of Section.
P.L. 1968, ch. 52, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.2 - Minimum Housing Standards › Section 45-24.2-12. - Moving expenses — Violations.

§ 45-24.2-12. Moving expenses — Violations.
(a)
If any property owner is cited for minimum housing violations, causing a tenant to vacate the subject property as a result of the property being declared unfit for habitation by the local code enforcement agency vested with the authority, the owner is liable to the tenant for all reasonable moving expenses incurred by the tenant. The owner is not responsible for this expense if it is determined that the owner was not the cause of the violations, and has the right to appeal any citation or declaration in accordance with the provisions of § 45-24.2-5(b).
(b)
This section does not apply to any secured party which takes title to the property by enforcement of its interests.
History of Section.
P.L. 1995, ch. 139, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.3 - Housing Maintenance and Occupancy Code › Section 45-24.3-1. - Short title.

§ 45-24.3-1. Short title.
This chapter is known and may be cited as the “Rhode Island Housing Maintenance and Occupancy Code”.
History of Section.
P.L. 1970, ch. 325, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.3 - Housing Maintenance and Occupancy Code › Section 45-24.3-2. - Legislative findings.

§ 45-24.3-2. Legislative findings.
(a)
It is found that there exists, and may in the future exist within the state of Rhode Island, premises, dwellings, dwelling units, rooming units, structures, or parts thereof, which by reason of their structure, equipment, sanitation, maintenance, use, or occupancy, affect or are likely to adversely affect the public health, including the physical, mental, and social well-being of persons and families, safety, and general welfare. To correct and prevent the existence of these adverse conditions, and to achieve and maintain levels of residential environmental quality as will protect and promote health, safety, and general welfare, it is further found that the establishment of minimum housing standards for the state of Rhode Island is required.
(b)
It is further found that conditions existing on blighted premises are dangerous to the public health, safety, morals, and general welfare of the people, and that conditions existing on blighted premises necessitate excessive and disproportionate expenditure of public funds for public health and safety, crime prevention, fire protection, and other public services, and that the conditions existing on blighted premises cause a drain upon public revenue, impairing the efficient and economical exercise of governmental functions in these areas.
(c)
It is further found that the elimination of blighted premises, and the prevention of the recurrence of blighted premises, is in the best interest of the public, and that the accomplishment of this end will be fostered and encouraged by the enactment of this chapter. The enactment and enforcement of this chapter is thereby declared to be essential to the public interest. It is intended that the provisions of this chapter be liberally construed to effectuate its previously stated purposes.
History of Section.
P.L. 1970, ch. 325, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.3 - Housing Maintenance and Occupancy Code › Section 45-24.3-3. - Purpose.

§ 45-24.3-3. Purpose.
The purpose of this chapter is to protect the public health, safety, and welfare by establishing minimum standards governing the condition and maintenance of all dwellings and dwelling premises or structures; establishing minimum standards governing utilities and facilities and other physical things and conditions essential to make dwellings safe, sanitary, and fit for human habitation; fixing certain responsibilities and duties of owners, operators, and occupants of dwellings and dwelling premises and structures; fixing the conditions whereby certain dwellings or structures may be declared unfit for occupancy and condemned for human habitation; and fixing penalties for violations of this chapter.
History of Section.
P.L. 1970, ch. 325, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.3 - Housing Maintenance and Occupancy Code › Section 45-24.3-4. - Applicability.

§ 45-24.3-4. Applicability.
(a)
Every portion of a building or its premises used or intended to be used for the purpose of dwelling, living, eating, sleeping, or cooking, or occupancy, comply with the provisions of this chapter and with the rules and regulations adopted pursuant to this chapter irrespective of when the building was constructed, altered, or repaired, and irrespective of any permits or licenses issued for the use or occupancy of the dwelling and dwelling premises or structure, for the construction or repair of the dwelling or structure, or for the installation or repair of dwelling equipment prior to January 1, 1971. This chapter establishes minimum standards for the initial and continued occupancy of all dwellings and structures, and does not replace or modify standards otherwise established by the state or a corporate unit for the construction, repair, or use of a building or the installation of building equipment except as they may be in conflict with the provisions of this chapter as provided by § 45-24.3-19.
(b)
Matters governed by and conforming to the provisions of the State Building Code (§ 23-27.3-100.0 et seq.) shall prevail for all structures, dwellings, and dwelling units constructed, altered or repaired since July 1, 1977, providing the structure, dwelling or dwelling units conform in their entirety to the prevailing edition of the building codes in effect at the time of construction or occupancy, as evidenced by the date of issuance of a building permit issuance or date of issuance of a certificate of occupancy.
History of Section.
P.L. 1970, ch. 325, § 1; P.L. 1988, ch. 42, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.3 - Housing Maintenance and Occupancy Code › Section 45-24.3-9. - Minimum thermal standards for heating.

§ 45-24.3-9. Minimum thermal standards for heating.
No person shall occupy, as owner or occupant, or let to another for occupancy, any dwelling or dwelling unit, for the purposes of living, which does not comply with the following requirements:
(1)
Every dwelling must have heating facilities properly installed and maintained in safe and working condition, and capable of safely and adequately heating all habitable rooms, bathrooms, and water closet compartments in every dwelling unit located at a distance of eighteen inches (18") above the floor level under average winter conditions to a temperature of at least sixty-eight degrees (68 °) fahrenheit.
(2)
Unvented flame space heaters are prohibited in any dwelling or dwelling unit except as provided in § 45-24.3-9.2. No owner or occupant shall install, operate, or use a space heater employing a flame that is not vented outside the structure in an approved manner, except those unvented portable space heaters which conform to the provisions of § 45-24.3-9.2. Portable electric heaters, approved under the appropriate local or state electrical and/or fire prevention code, are acceptable where they meet the above provisions of this section.
History of Section.
P.L. 1970, ch. 325, § 1; P.L. 1981, ch. 268, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.3 - Housing Maintenance and Occupancy Code › Section 45-24.3-13. - General requirements relating to the safe and sanitary maintenance of nonresidential structures and premises.

§ 45-24.3-13. General requirements relating to the safe and sanitary maintenance of nonresidential structures and premises.
No person shall occupy as owner or occupant, or let to another for occupancy, any vacant dwelling or nonresidential structure, unless it and the premises are clean, sanitary, fit for human occupancy, and comply with §§ 45-24.3-6, 45-24.3-9, 45-24.3-10, and 45-24.3-14 — 45-24.3-22 and all applicable legal requirements of the state of Rhode Island and the corporate unit.
History of Section.
P.L. 1970, ch. 325, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.3 - Housing Maintenance and Occupancy Code › Section 45-24.3-14. - Adoption of plans of inspection.

§ 45-24.3-14. Adoption of plans of inspection.
(a)
The enforcing officer is authorized and directed to develop and adopt plans for the inspection of dwelling units subject to the provisions of this chapter, including a plan for the systematic inspection of dwelling units contained in contiguous areas within the corporate unit as may from time to time be designated by the enforcing officer.
(b)
Before making inspections within a contiguous area pursuant to a plan authorized in this section, the enforcing officer must advise the organization which represents the property owners and other residents of the contiguous area, if any organization exists.
History of Section.
P.L. 1970, ch. 325, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.3 - Housing Maintenance and Occupancy Code › Section 45-24.3-16. - Rules and regulations — Enforcement agencies — Housing board of review.

§ 45-24.3-16. Rules and regulations — Enforcement agencies — Housing board of review.
(a)
The local authority is authorized to make, adopt, revise, and amend rules and regulations that it deems necessary for the carrying out of the purposes of this chapter.
(b)
Establishment of enforcement agencies. The local authority will further provide for the creation and establishment of divisions, offices, departments, bureaus, and agencies and their respective officers, deputies, and agencies that may be required to enforce and administer the powers and duties authorized by this chapter.
(c)
Housing board of review. The local authority will provide for the selection and organization of a housing board of review consisting of five (5) members, provided that the Westerly housing board of review shall have three (3) members, with two (2) members constituting a quorum. The local authority is authorized to designate the board of appeals as the housing board of review in the cities and towns where these boards of appeal now exist or may be authorized by law. The chairperson or, in his or her absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. All hearings of the board are open to the public. Any housing board of review established pursuant to this chapter shall be governed by the following procedure:
(1)
The board shall keep minutes of its proceedings, showing the vote upon each question, and keep records of its decisions and findings and the reasons therefor, and of its examinations and other official actions, all of which shall be filed immediately in the office of the board and be a public record.
(2)
The housing board of review is governed by § 45-24.3-21 pertaining to appeals.
History of Section.
P.L. 1970, ch. 325, § 1; P.L. 1972, ch. 118, § 6; P.L. 2009, ch. 244, § 2; P.L. 2009, ch. 260, § 2.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.3 - Housing Maintenance and Occupancy Code › Section 45-24.3-19.1. - Avoiding residential demolition through owner neglect.

§ 45-24.3-19.1. Avoiding residential demolition through owner neglect.
A city or town may by ordinance empower city or town councils in consultation with the local building inspection or code enforcement office, to identify residential structures the physical condition of which have deteriorated so as to endanger the preservation of the structure or its appurtenances. Upon the petition to the local building inspection office or code enforcement office that a residential structure is so determined that its preservation is endangered, the town or city council may establish a reasonable time not less than thirty (30) days within which the owner(s) must begin repairs. If the owner(s) have not begun repairs within the time allowed, the council or a body it may designate may conduct a hearing at which the owner(s) may appear and state their reasons for not commencing repairs. If the owner(s) do not appear at the hearing or do 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 repayments.
History of Section.
P.L. 1991, ch. 307, § 4.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.3 - Housing Maintenance and Occupancy Code › Section 45-24.3-20. - Collection and dissemination of information.

§ 45-24.3-20. Collection and dissemination of information.
The enforcing officer is authorized to collect and disseminate information concerning techniques of maintenance, repair, and sanitation in housing, and concerning the requirements of this chapter and applicable rules and regulations issued pursuant to it.
History of Section.
P.L. 1970, ch. 325, § 1; P.L. 1972, ch. 118, § 10.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.3 - Housing Maintenance and Occupancy Code › Section 45-24.3-22. - Conflict of provisions — Severability.

§ 45-24.3-22. Conflict of provisions — Severability.
In any case where a provision of this chapter is found to be in conflict with provisions of any zoning, building, fire, safety, or health ordinance or code of the corporate unit and of this state on or after January 1, 1971, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people prevails, except those provisions established under the State Building Code effective July 1, 1977, as delineated in § 45-24.3-4, are to be the “higher standard”. In any case where a provision of this chapter is found to be in conflict with a provision of any other ordinance or code of the corporate unit or of this state existing on January 1, 1971, which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this chapter are deemed to prevail, and any other ordinances or codes are declared to be repealed to the extent that they may be found in conflict with this chapter. If any section, subsection, paragraph, sentence, clause, or phrase of this chapter is declared invalid for any reason whatsoever, that decision shall not affect the remaining portions of this chapter, which shall remain in full force and effect, and to this end the provisions of this chapter are declared to be severable.
History of Section.
P.L. 1970, ch. 325, § 1; P.L. 1988, ch. 42, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.4 - Special Development Districts › Section 45-24.4-1. - Declaration of purpose.

§ 45-24.4-1. Declaration of purpose.
(a)
It is declared that there exist within the various cities of the state, including, but not limited to, Providence, numerous railroad or former railroad properties and adjacent lands that are or may be the subject of railroad relocation projects involving the coordination of federal, state, local, and private action. These areas represent or are contiguous with urban areas of historical, aesthetic, social, cultural, and economic importance, and are an important public asset.
(b)
It is further declared that there is a statewide need for coordinated attention to and supervision of the development of these areas for the purpose of preserving for the education, enjoyment, and welfare of the general public, important historical and aesthetic features, the promotion of commercial and economic development, the attraction to our urban centers of appropriate business, industrial, and tourist trade, resources, and investment, the development of an attractive urban environment that fosters the social welfare and health of the public and is harmonious with the social, historic, and cultural environment that already exists, and the harmonious coordination of the federal, state, local, and private action that influences the urban railroad relocation project.
(c)
It is further declared that the developmental tools presently available to cities in the state do not contain sufficient flexibility to address the unique problems arising from the urban railroad relocation project and to govern comprehensive and coordinated development of areas subject to these projects consistently with the previously-declared public needs and purposes. Proper development of these areas, consistent with the general welfare, may require designation of special land use districts and special land-use controls which may be more stringent or more flexible than existing zoning, planning, and other developmental tools, and may require the adoption, implementation, and administration of a plan that establishes a framework for development and sets out detailed design and development criteria, regulations, and enforcement procedures.
(d)
It is further declared that the most efficient and effective method to further the previously-declared public policy of the state to encourage the appropriate, comprehensive, and coordinated development of railroad or former railroad properties and adjacent lands that are or may be the subject of railroad relocation projects involving federal, state, local, and private action, is to permit the creation of special development districts in the cities of the state and the creation of special development district commissions to adopt, implement, and administer plans of development that establish and enforce design and development criteria and regulations for the development of these areas.
History of Section.
P.L. 1981, ch. 332, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.4 - Special Development Districts › Section 45-24.4-2. - Short title.

§ 45-24.4-2. Short title.
This chapter may be referred to and cited as the “Rhode Island Special Development District Enabling Act”.
History of Section.
P.L. 1981, ch. 332, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.4 - Special Development Districts › Section 45-24.4-3. - Definitions.

§ 45-24.4-3. Definitions.
As used in this chapter, the following words and terms have the following meanings, unless the context indicates another or different meaning or intent:
(1)
“Certificate of approval” means the document issued by a special development district commission approving an application for construction, erection, alteration, demolition, or use of a structure or land within a special development district, and pursuant to which a building permit may be issued.
(2)
“Certificate of rejection” means the document issued by a special development district commission rejecting an application for construction, erection, alteration, demolition, or use of a structure or land within a special development district.
(3)
“Commission” means a special development district commission designated by a city council pursuant to this chapter.
(4)
“Development map” means a map of a special development district that shows the parcels into which the district may have been divided according to the plan of development.
(5)
“Permit” means a building permit issued by a city building inspector.
(6)
“Person” means a natural person or any other legal entity, including, but not limited to, a corporation, firm, partnership, or trust.
(7)
“Plan of development” or “plan” means a plan, including design and development criteria and regulations, for the development of a special development district adopted by a special development district commission pursuant to this chapter.
(8)
“Regulations” means the rules regulating the construction, erection, alteration, demolition, or use of a structure or land within a special development district adopted by a special development commission pursuant to a plan of development.
(9)
“Special development district” means an area of a city established, designated, laid out, or defined by a city council pursuant to this chapter because it is or may be the subject of combined federal, state, local, and private action relating to a railroad relocation project.
(10)
“Structure” means a building or anything that is constructed or erected and that requires location on the ground or attachment to something located on the ground.
History of Section.
P.L. 1981, ch. 332, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.4 - Special Development Districts › Section 45-24.4-4. - Special development districts authorized.

§ 45-24.4-4. Special development districts authorized.
For the purposes stated in § 45-24.4-1, the city council of any city has the authority to establish, designate, lay out, and define, as special development districts, areas that are or may be or have been the subject of or substantially affected by combined federal, state, local, and private action in connection with railroad relocation projects and/or railroad abandonment actions, in the same manner as cities are presently empowered to establish, designate, lay out, and define zoning districts.
History of Section.
P.L. 1981, ch. 332, § 1; P.L. 2003, ch. 344, § 3; P.L. 2003, ch. 345, § 3.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.4 - Special Development Districts › Section 45-24.4-5. - Procedure for designating special development districts.

§ 45-24.4-5. Procedure for designating special development districts.
(a)
A special development district may be established, designated, laid out, and defined by any city council only after a public hearing before the city council or a committee or commission authorized by the city council to investigate and make recommendations concerning the proposed special development district. All interested persons shall be given an opportunity to be heard at the hearing. Notice of the time, place, nature, and purpose of the public hearing shall be given to all owners of any real property within two hundred feet (200′) of the perimeter of the proposed special development district, by registered or certified mail at least seven (7) days before the date of the hearing, and by publication of notice in a newspaper of general circulation within the city at least once each week for three (3) successive weeks prior to the date of the hearing. The newspaper notice containing a description of the proposed special development district shall be inserted once in its entirety, and, thereafter, a weekly formal legal notice shall be inserted stating that a public hearing will be held specifying the time and place of the hearing. The subsequent formal notices shall include a reference to the original advertisement which gave full description.
(b)
The boundaries of a special development district established, designated, laid out, and defined according to the provisions of this chapter, may be amended only in accordance with procedures established in this section.
History of Section.
P.L. 1981, ch. 332, § 1; P.L. 1988, ch. 84, § 107.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.4 - Special Development Districts › Section 45-24.4-6. - Designation of commission authorized.

§ 45-24.4-6. Designation of commission authorized.
The city council of any city that has established a special development district shall designate a commission that has been created by the general assembly, as a public corporation and instrumentality of the state, to adopt, implement, and administer a plan of development for the special development district. Upon that designation, the commission becomes an agency both of the designating city and of the state, and is known as a special development commission.
History of Section.
P.L. 1981, ch. 332, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.4 - Special Development Districts › Section 45-24.4-7. - Creation of commission.

§ 45-24.4-7. Creation of commission.
The general assembly may create a special development district commission which is a public corporation and which, when designated by the city council of any city, has the authority to adopt, implement, and administer a plan of development for the special development district established in that city.
History of Section.
P.L. 1981, ch. 332, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.4 - Special Development Districts › Section 45-24.4-8. - Purposes and powers of commission.

§ 45-24.4-8. Purposes and powers of commission.
Any special development district commission created pursuant to this chapter has any purposes that are consistent with the declaration of purpose established in § 45-24.4-1, and has any powers that are necessary and incidental to the effectuation of the stated purposes and the adoption, implementation, and administration of a plan of development for the special development district, and any other powers that the general assembly may grant in the creation of the commission.
History of Section.
P.L. 1981, ch. 332, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.4 - Special Development Districts › Section 45-24.4-9. - Adoption of special development district plan — Regulation of structures and uses — Notice.

§ 45-24.4-9. Adoption of special development district plan — Regulation of structures and uses — Notice.
(a)
A special development district commission shall adopt a plan of development for the special development district. Any plan of development adopted by a special development district commission pursuant to this chapter may regulate and restrict, by means of regulations duly adopted by the commission, the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land within the special development district in a uniform, consistent, and nondiscriminatory manner that is rationally related to the purposes of this chapter. The plan may include regulations relating to allowable land uses, the location and use of buildings, street systems, dimensional and area coverage requirements, setbacks and build-to lines, frontage, parking requirements, landscaping, pedestrian travel, signs, design review, open spaces, and population density.
(b)
Pursuant to the plan of development, the commission may divide the special development district into several parcels as indicated on a development map, and may regulate structures and uses differently in different parcels, so long as regulation of similar structures and uses is uniform within any one parcel.
(c)
A plan of development may be adopted or amended only after a public hearing before the commission, at which all interested parties have an opportunity to be heard. Notice of the time, place, nature, and purpose of the public hearing shall be given to all owners of real property within the bounds of the special development district and within two hundred feet (200′) of the perimeter thereof, by registered or certified mail at least seven (7) days before the date of the hearing, and by publication of notice in a newspaper of general circulation within the city at least once each week for three (3) successive weeks prior to the date of the hearing.
History of Section.
P.L. 1981, ch. 332, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.4 - Special Development Districts › Section 45-24.4-10. - Permit required to erect, construct, alter, repair, or demolish structure — Commission quorum and voting.

§ 45-24.4-10. Permit required to erect, construct, alter, repair, or demolish structure — Commission quorum and voting.
(a)
Before any structure may be erected, constructed, altered, repaired, or demolished within a special development district, the person proposing the construction or other alteration shall file with the commission an application for permission to erect, construct, alter, repair, or demolish the structure, together with plans and specifications, all that may be required by regulations adopted by the commission. It is the duty of the commission to review the application, plans, and specifications, and no building permit shall be granted until the commission has acted on it. No construction or other alteration of a structure may be undertaken within a special development district without a permit.
(b)
At all meetings of the commission, a majority of the commissioners is necessary and sufficient to constitute a quorum for the transaction of business, and the act of a majority of the commissioners present at any meeting at which there is a quorum is the act of the commission, except as otherwise provided by law.
History of Section.
P.L. 1981, ch. 332, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.4 - Special Development Districts › Section 45-24.4-11. - Certificate of approval or rejection of plans.

§ 45-24.4-11. Certificate of approval or rejection of plans.
The commission shall file with the inspector of buildings or other duly delegated authority its certificate of approval 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 inspector of buildings or other duly delegated authority, and no permit shall be issued in that case. The failure of the commission to act within forty-five (45) days from the date of application filed with it, unless an extension is mutually agreed upon by the applicant and the commission or unless the commission makes a finding of fact that circumstances require additional time for study up to a maximum of ninety (90) days, is deemed to constitute approval.
History of Section.
P.L. 1981, ch. 332, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.4 - Special Development Districts › Section 45-24.4-12. - Exceptions to application of chapter.

§ 45-24.4-12. Exceptions to application of chapter.
Nothing in this chapter prevents or is to be construed to prevent ordinary maintenance or repair of any structure within the special development district; nor shall anything in this chapter prevent or be construed to prevent the continuance of the use of any building or improvement for any purpose to which the building or improvement was lawfully devoted at the time of the adoption of a plan of development, or to prevent or be construed to prevent the erection, construction, alteration, repair, or demolition of any structure under a permit issued by the inspector of buildings prior to the adoption of a plan of development pursuant to this chapter.
History of Section.
P.L. 1981, ch. 332, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.4 - Special Development Districts › Section 45-24.4-13. - Variances, deviations, and special exceptions.

§ 45-24.4-13. Variances, deviations, and special exceptions.
(a)
Any special development district commission that adopts a plan of development pursuant to this chapter has the authority to grant variances, deviations, and special exceptions from the literal application of any regulations adopted pursuant to that plan, upon the application of an aggrieved property owner.
(b)
Special exceptions to the terms of the regulations may be granted in those cases specified in the regulations, and subject to those conditions and safeguards specified therein, where the use granted by special exception is reasonably necessary for the convenience or welfare of the public and does not substantially or permanently injure the value of neighboring property.
(c)
Variances may be granted where, owing to special conditions, a literal enforcement of the regulations would result in unnecessary hardship, where the variance will not be contrary to the public interest, and the spirit of the plan will be observed and substantial justice done.
(d)
Deviations may be granted where the literal enforcement of the regulations relating to setbacks, build-to lines, and other area and dimensional restrictions would preclude the full enjoyment by the owner of a permitted use and amount to more than a mere inconvenience.
History of Section.
P.L. 1981, ch. 332, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.4 - Special Development Districts › Section 45-24.4-14. - Hearing of applications for variances, deviations, or special exceptions.

§ 45-24.4-14. Hearing of applications for variances, deviations, or special exceptions.
The commission shall hold a hearing on the application within a reasonable time, and give public notice and due notice of the hearing to the parties in interest and property owners within two hundred feet (200′) of the affected property. At any hearing any party may appear in person or by agent or attorney.
History of Section.
P.L. 1981, ch. 332, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.4 - Special Development Districts › Section 45-24.4-15. - Concurrent jurisdiction of zoning board of review.

§ 45-24.4-15. Concurrent jurisdiction of zoning board of review.
Nothing in this chapter shall be construed to restrict, amend, repeal, or otherwise supersede the jurisdiction of the city zoning board of review over any area designated a special development district pursuant to this chapter.
History of Section.
P.L. 1981, ch. 332, § 1.