reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-23 - Subdivision of Land › Section 45-23-70. - Appeals — Standards of review. [Repealed effective January 1, 2024.]

§ 45-23-70. Appeals — Standards of review. [Repealed effective January 1, 2024.]
(a)
As established by this chapter, in instances of a board of appeal’s review of a planning board or administrative officer’s decision on matters subject to this chapter, the board of appeal shall not substitute its own judgment for that of the planning board or the administrative officer but must consider the issue upon the findings and record of the planning board or administrative officer. The board of appeal shall not reverse a decision of the planning board or administrative officer except on a finding of prejudicial procedural error, clear error, or lack of support by the weight of the evidence in the record.
(b)
The concurring vote of three (3) of the five (5) members of the board of appeal sitting at a hearing, is necessary to reverse any decision of the planning board or administrative officer.
(c)
In the instance where the board of appeal overturns a decision of the planning board or administrative officer, the proposed project application is remanded to the planning board or administrative officer, at the stage of processing from which the appeal was taken, for further proceedings before the planning board or administrative officer and/or for the final disposition, which shall be consistent with the board of appeal’s decision.
(d)
The board of appeal shall keep complete records of all proceedings including a record of all votes taken, and shall put all decisions on appeals in writing. The board of appeal shall include in the written record the reasons for each decision.
History of Section.
P.L. 1992, ch. 385, § 1.
§ 45-23-70. Appeals — Standards of review. [Repealed effective January 1, 2024.]
History of Section.
P.L. 1992, ch. 385, § 1; repealed by P.L. 2023, ch. 308, § 3, effective January 1, 2024; repealed by P.L. 2023, ch. 309, § 3, effective January 1, 2024.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-23 - Subdivision of Land › Section 45-23-72. - Appeals to the superior court — Enactment of or amendment of local regulations.

§ 45-23-72. Appeals to the superior court — Enactment of or amendment of local regulations.
(a)
Any appeal of an enactment of or an amendment of local regulations may be taken to the superior court for the county in which the municipality is situated by filing a complaint, as stated in this section, within thirty (30) days after the enactment, or amendment has become effective. The appeal may be taken by any legal resident or landowner of the municipality or by any association of residents or landowners of the municipality. The appeal does not stay the enforcement of the local regulations, as enacted or amended, but the court may, in its discretion, grant a stay on appropriate terms, which may include the filing of a bond, and make any other orders that it deems necessary for an equitable disposition of the appeal.
(b)
The complaint shall state with specificity the area or areas in which the enactment or amendment is not consistent with the Comprehensive Planning Act, chapter 22.2 of this title; the Rhode Island Zoning Enabling Act of 1991, § 45-24-27 et seq.; the municipality’s comprehensive plan; or the municipality’s zoning ordinance.
(c)
The review shall be conducted by the court without a jury. The court shall consider whether the enactment or amendment of the local regulations is consistent with the Comprehensive Planning Act, chapter 22.2 of this title; the Rhode Island Zoning Enabling Act of 1991, § 45-24-27 et seq.; the municipality’s comprehensive plan; or the municipality’s zoning ordinance. If the enactment or amendment is not consistent, then the court shall invalidate the enactment or the amendment, or those parts of the enactment or amendment which are not consistent. The court shall not revise the local regulations to be consistent, but may suggest appropriate language as part of the court decision.
(d)
The court may in its discretion, upon motion of the parties or on its own motion, award reasonable attorney’s fees to any party to an appeal, as stated herein, including a municipality.
History of Section.
P.L. 1992, ch. 385, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-23 - Subdivision of Land › Section 45-23-73. - Appeals to the superior court — Priority in judicial proceedings.

§ 45-23-73. Appeals to the superior court — Priority in judicial proceedings.
Upon the entry of any case or proceeding brought under the provisions of this chapter, including pending and future appeals taken to the court, the court shall, at the request of either party, advance the case, so that the matter is afforded precedence on the calendar and be heard and determined with as little delay as possible.
History of Section.
P.L. 1992, ch. 385, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-23 - Subdivision of Land › Section 45-23-74. - Severability.

§ 45-23-74. Severability.
If any provision of this chapter or of any rule, regulation or determination made under this chapter, or the application of the provisions to any person, agency or circumstances, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, regulation, or determination and the application of the provisions to other persons, agencies, or circumstances shall not be affected by the invalidity. The invalidity of any section or sections of this chapter shall not affect the validity of the remainder of the chapter.
History of Section.
P.L. 1992, ch. 385, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-23.1 - Mapped Streets › Section 45-23.1-1. - Establishment of official maps.

§ 45-23.1-1. Establishment of official maps.
The city or town council of any city or town having a plan commission established pursuant to chapters 22 and 23 of this title or pursuant to any special act applicable to certain cities or towns, is authorized and empowered to establish an official map of the city or town identifying and showing the location of the streets of the city or town existing and established by law as public streets and the exterior lines of other streets deemed necessary by the city or town council for sound physical development. A public hearing in relation to the map shall precede the adoption, at which parties in interest and citizens shall have an opportunity to be heard. At least ten (10) days’ notice of a public hearing shall be published in a newspaper of general circulation in the city or town. Before adoption of the ordinance, the city or town council shall refer the matter to the plan commission for a report on the map, but if the plan commission does not make its report within forty-five (45) days of the reference, the necessity for the report may be deemed to be waived. The city or town council shall certify the fact of the establishment of an official map to the city or town recorder.
History of Section.
P.L. 1962, ch. 89, § 1; P.L. 1972, ch. 198, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-23.1 - Mapped Streets › Section 45-23.1-1.1. - Establishment or opening of streets not implied.

§ 45-23.1-1.1. Establishment or opening of streets not implied.
(a)
The placing of any street or street line upon the official map does not in and of itself constitute nor is it deemed to constitute the opening or establishment of any street or the taking or acceptance of any land for street purposes; provided, that in the town of North Kingstown, regularly performed maintenance by the town, upon any paved mapped street of at least forty feet (40′) in width, for a period of not less than twenty (20) years, constitutes the opening or establishment of a street as a public way.
(b)
For the purposes of this section the term “regularly performed maintenance” is construed to include snow plowing and salting and sanding operations, and any type of repair work regularly undertaken by the city or town.
History of Section.
P.L. 1972, ch. 198, § 2; P.L. 1987, ch. 393, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-23.1 - Mapped Streets › Section 45-23.1-2. - Additions and changes.

§ 45-23.1-2. Additions and changes.
(a)
A city or town council is authorized and empowered to make, from time to time, additions to or modifications of the official map by placing on it the exterior lines of planned new streets or street extensions, widenings, narrowings, or vacations.
(b)
No changes become effective until after a public hearing in relation to the changes, at which parties in interest and citizens shall have an opportunity to be heard.
(c)
At least ten (10) days’ notice of a public hearing shall be published in a newspaper of general circulation in the city or town.
(d)
Before making additions or changes, the city or town council shall refer the matter to the plan commission for a report, but if the plan commission shall not make its report within forty-five (45) days of the reference, the necessity for the report may be deemed to be waived.
(e)
The locating, widening, or closing, or the approval of the locating, widening, or closing of streets by the city or town, under provisions of law other than those contained in this chapter, are deemed to be changes or additions to the official map, and are subject to all the provisions of this chapter except provisions relating to public hearing and referral to the plan commission.
History of Section.
P.L. 1962, ch. 89, § 1; P.L. 1972, ch. 198, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-23.1 - Mapped Streets › Section 45-23.1-3. - Regulation of buildings in bed of mapped streets.

§ 45-23.1-3. Regulation of buildings in bed of mapped streets.
(a)
For the purpose of preserving the integrity of the official map of a city or town, the city or town council is authorized and empowered to provide by ordinance that no permit shall be issued for any building in the bed of any street shown on the official map except as provided in this section.
(b)
Whenever one or more parcels of land upon which is located the bed of a mapped street cannot yield a reasonable return to the owner unless a building permit is granted, the zoning board of review in a city or town which has established a board, or the city or town council in any city or town which has not established a board, may, in a specific case after public hearing for which reasonable notice has been given to all interested parties and at which parties in interest and others have an opportunity to be heard, grant a permit for a building in the bed of the mapped street which will, as little as practicable, increase the cost of opening the street, or tend to cause a minimum change of the official map, and the board or council, as the case may be, may impose reasonable requirements as a condition of granting the permit to promote the health, safety, morals, and general welfare of the public.
(c)
The board or council shall refer the application to the plan commission for a report and a recommendation before taking action, and shall refuse a permit where the applicant will not be substantially damaged by placing his or her building outside the mapped street.
History of Section.
P.L. 1962, ch. 89, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-23.1 - Mapped Streets › Section 45-23.1-4. - Buildings not on mapped streets.

§ 45-23.1-4. Buildings not on mapped streets.
(a)
A city or town council is authorized and empowered to provide by ordinance that no permit for the erection of any building shall be issued unless the building lot abuts a street which has been placed on the official map giving access to the proposed structure, and that before a permit is issued, the street has been certified to be suitably improved, or suitable improvements have been assured by means of a performance guarantee, in accordance with rules and regulations adopted in the same manner as rules and regulations for subdivisions as provided in chapter 23 of this title.
(b)
Where the enforcement of this section would entail practical difficulty or unnecessary hardship, or where the circumstances of the case do not require the structure to be related to a street, the board or council may, in a specific case and after a public hearing for which reasonable notice has been given to all interested parties and at which parties in interest and others have an opportunity to be heard, make reasonable exceptions and issue a permit subject to conditions that will assure adequate access for firefighting equipment, ambulances, and other emergency vehicles necessary for the protection of health and safety and that will protect any future street layout shown on the official map.
History of Section.
P.L. 1962, ch. 89, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-23.1 - Mapped Streets › Section 45-23.1-5. - Appeals.

§ 45-23.1-5. Appeals.
(a)
Any person aggrieved by any decision of the board or council may present to the supreme court a verified petition stating that the decision is illegal in whole or in part and specifying the grounds of illegality. The petition shall be presented to the court within thirty (30) days after the filing of the decision.
(b)
Upon presentation of the petition, the court may allow a writ of certiorari directed to the board or council to review the decision of the board or council, and shall prescribe in the writ the time within which a return shall be made, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ does not stay proceedings upon the decision appealed from, but the court may, on application, on due cause shown, grant a restraining order.
(c)
The board or council is not required to return the original papers acted on by it, but it is sufficient to return certified or sworn copies of the original papers, or portions of them, as may be called for by the writ. The return shall concisely state other facts that may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
(d)
If upon the hearing, it appears to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a master to take evidence as it may direct, and report the evidence to the court with his or her findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made.
(e)
The court may reverse or affirm wholly or partly or may modify the decision brought up for review.
History of Section.
P.L. 1962, ch. 89, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-23.1 - Mapped Streets › Section 45-23.1-6. - Purpose.

§ 45-23.1-6. Purpose.
This chapter is declared to be for the purpose of conserving and promoting the public health, safety, morals, and general welfare.
History of Section.
P.L. 1962, ch. 89, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-23.1 - Mapped Streets › Section 45-23.1-7. - Severability.

§ 45-23.1-7. Severability.
If any provision of this chapter or the application of this chapter to any person or circumstance is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances shall not be affected by the invalidity.
History of Section.
P.L. 1962, ch. 89, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24 - Zoning Ordinances › Section 45-24-27. - Title.

§ 45-24-27. Title.
Sections 45-24-27 through 45-24-72 shall be known as the “Rhode Island Zoning Enabling Act of 1991”.
History of Section.
P.L. 1991, ch. 307, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24 - Zoning Ordinances › Section 45-24-28. - Continuation of ordinances — Supercession — Relation to other statutes.

§ 45-24-28. Continuation of ordinances — Supercession — Relation to other statutes.
(a)
Any zoning ordinance or amendment of the ordinance enacted after January 1, 1992, shall conform to the provisions of this chapter. All lawfully adopted zoning ordinances shall be brought into conformance with this chapter by December 31, 1994. Each city and town shall review its zoning ordinance and make amendments or revisions that are necessary to bring it into conformance with this chapter.
(b)
All zoning ordinances adopted under authority of §§ 45-24-1 through 45-24-26 or any special zoning enabling act that is in effect on June 17, 1991, shall remain in full force and effect until December 31, 1994, unless earlier amended so as to conform to the provisions of this chapter, except that § 45-24-37 and § 45-24-44 shall become effective on January 1, 1992.
(c)
Former §§ 45-24-1 through 45-24-26 and all special zoning enabling acts, including, but not limited to, chapter 2299 of the public laws of 1922, as amended (town of Westerly); chapter 1277 of the public laws of 1926, as amended (town of Narragansett); chapter 2065 of the public laws of 1933, as amended (town of West Warwick); chapter 2233 of the public laws of 1935, as amended (town of Johnston); chapter 2079 of the public laws of 1948, as amended (town of North Kingstown); chapter 3125 of the public laws of 1953, as amended (town of New Shoreham); chapter 101 of the public laws of 1973, as amended (town of South Kingstown); are repealed effective December 31, 1994. All provisions of zoning ordinances adopted under authority of the provisions of former §§ 45-24-1 through 45-24-26 or of any special act are repealed and are null and void as of December 31, 1994, unless amended so as to conform to the provisions of this chapter.
(d)
Chapter 24.1 of this title, entitled “Historical Area Zoning”, and chapter 3 of title 1, entitled “Airport Zoning”, are not superseded by this chapter; provided, that any appeal to the superior court pursuant to chapter 24.1 of this title, entitled “Historical Area Zoning”, or pursuant to chapter 3 of title 1, entitled “Airport Zoning”, is taken in the manner provided in § 45-24-69.
(e)
Nothing in this chapter shall be construed to limit the authority of agencies of state government to perform any regulatory responsibilities.
History of Section.
P.L. 1991, ch. 307, § 1; P.L. 1993, ch. 36, § 2; P.L. 1993, ch. 144, § 2; P.L. 1994, ch. 92, § 3.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24 - Zoning Ordinances › Section 45-24-32. - Contents of zoning ordinances.

§ 45-24-32. Contents of zoning ordinances.
The zoning ordinance consists of the ordinance and other text, together with all charts, graphs, and other explanatory material, and the zoning map together with any explanatory matter shown on the ordinance. All municipal zoning ordinances shall include at a minimum the following provisions listed below and further described in this chapter:
(1)
A statement of purpose and consistency with the comprehensive plan;
(2)
Definitions;
(3)
General provisions;
(4)
Special provisions;
(5)
Procedures for the adoption of the ordinance or amendments;
(6)
Procedures for the administration of the ordinance or amendments;
(7)
Procedures for the appeal of the ordinance or amendments; and
(8)
A zoning map and supporting documentation.
History of Section.
P.L. 1991, ch. 307, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24 - Zoning Ordinances › Section 45-24-34. - General provisions — Purpose and consistency with comprehensive plan.

§ 45-24-34. General provisions — Purpose and consistency with comprehensive plan.
(a)
A zoning ordinance adopted pursuant to this chapter shall provide a statement of its purposes. Those purposes shall be consistent with § 45-24-30. A zoning ordinance adopted or amended pursuant to this chapter shall include a statement that the zoning ordinance is consistent with the comprehensive plan of the city or town adopted pursuant to chapter 22.2 of this title, or as otherwise provided below and shall provide that in the instance of uncertainty in the construction or application of any section of the ordinance, the ordinance shall be construed in a manner that will further the implementation of, and not be contrary to, the goals and policies and applicable elements of the comprehensive plan.
(b)
The city or town shall bring the zoning ordinance or amendment into conformance with its comprehensive plan as approved by the chief of the division of planning of the department of administration or the superior court in accordance with its implementation schedule as set forth in said plan. A zoning ordinance shall address and specify requirements for the coordination between contiguous communities, the state, and other agencies, as required by chapter 22.2 of this title.
History of Section.
P.L. 1991, ch. 307, § 1; P.L. 1995, ch. 247, § 2; P.L. 2011, ch. 215, § 3; P.L. 2011, ch. 313, § 3.
2023 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.
2023 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.
2023 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.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24 - Zoning Ordinances › Section 45-24-40. - General provisions — Alteration of nonconforming development. [Effective until January 1, 2024.]

§ 45-24-40. General provisions — Alteration of nonconforming development. [Effective until January 1, 2024.]
(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.
§ 45-24-40. General provisions — Alteration of nonconforming development — Alteration of uses established by variance or special use permit. [Effective January 1, 2024.]
(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, unless allowed by specific provisions of a municipal zoning ordinance.
History of Section.
P.L. 1991, ch. 307, § 1; P.L. 2023, ch. 304, § 1, effective January 1, 2024; P.L. 2023, ch. 305, § 1, effective January 1, 2024.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24 - Zoning Ordinances › Section 45-24-46.5. - Special provisions — Emergency declaration modifications.

§ 45-24-46.5. Special provisions — Emergency declaration modifications.
(a)
A moratorium is hereby imposed on the enforcement of any municipal ordinance or zoning regulation that would penalize any food business or food service establishment, as defined in § 21-27-1, or bar as defined in § 23-20.10-2, for any alterations or modifications to its business made in order to comply with any directives, executive orders, or restrictions issued by the governor, principal executive officer of a political subdivision, or the director of the department of health based upon an emergency declaration issued pursuant to § 30-15-9 or § 30-15-13.
(b)
The moratorium imposed pursuant to this section shall continue throughout the emergency declaration and shall remain effective until February 15, 2024. During this period, all approved nonconforming uses adopted to comply with the emergency declaration shall be permitted to continue.
History of Section.
P.L. 2021, ch. 332, § 1, effective July 8, 2021; P.L. 2021, ch. 333, § 1, effective July 8, 2021; P.L. 2022, ch. 1, § 1, effective February 16, 2022; P.L. 2022, ch. 2, § 1, effective February 16, 2022; P.L. 2023, ch. 5, § 1, effective March 30, 2023; P.L. 2023, ch. 6, § 1, effective March 30, 2023.
2023 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.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24 - Zoning Ordinances › Section 45-24-49. - Special provisions — Development plan review. [Effective until January 1, 2024.]

§ 45-24-49. Special provisions — Development plan review. [Effective until January 1, 2024.]
(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.
§ 45-24-49. Special provisions — Development plan review. [Effective January 1, 2024.]
(a)
A zoning ordinance shall permit development plan review of applications pursuant to § 45-23-50, 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 permitting authority 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.
(b)
The permitting authority may grant relief from the zoning ordinance and may grant zoning incentives under specific conditions set forth in the zoning ordinance.
(c)
[Deleted by P.L. 2023, ch. 308, § 2 and P.L. 2023, ch. 309, § 2.]
History of Section.
P.L. 1991, ch. 307, § 1; P.L. 1992, ch. 385, § 2; P.L. 2009, ch. 310, § 55; P.L. 2023, ch. 308, § 2, effective January 1, 2024; P.L. 2023, ch. 309, § 2, effective January 1, 2024.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24 - Zoning Ordinances › Section 45-24-50. - Adoption — Power of council to adopt — Consistency with comprehensive plan.

§ 45-24-50. Adoption — Power of council to adopt — Consistency with comprehensive plan.
(a)
For the purpose of promoting the public health, safety, morals, and general welfare, a city or town council has the power, in accordance with the provisions of this chapter, to adopt, amend, or repeal, and to provide for the administration, interpretation, and enforcement of, a zoning ordinance. The provisions of a zoning ordinance are stated in text and map(s), and may incorporate charts or other material.
(b)
A zoning ordinance, and all amendments to it, must be consistent with the city or town’s comprehensive plan, as described in chapter 22.2 of this title, and provide for the implementation of the city or town comprehensive plan.
(c)
A zoning ordinance adopted or amended during the pendency of the approval of a municipality’s comprehensive plan must be consistent with that plan, until the zoning ordinance is brought into full compliance with the Comprehensive Planning Act, §  45-22.2-5(a)(4).
(d)
The city or town must bring the zoning ordinance or amendment into conformance with its comprehensive plan as approved by the chief of the division of planning of the department of administration or the superior court in accordance with its implementation schedule as set forth in said plan.
History of Section.
P.L. 1991, ch. 307, § 1; P.L. 1995, ch. 247, § 2; P.L. 2011, ch. 215, § 3; P.L. 2011, ch. 313, § 3.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24 - Zoning Ordinances › Section 45-24-51. - Adoption — Procedure for adoption or amendment.

§ 45-24-51. Adoption — Procedure for adoption or amendment.
The city or town shall designate the officer or agency to receive a proposal for adoption, amendment, or repeal of a zoning ordinance or zoning map(s). Immediately upon receipt of the proposal, the officer or agency shall refer the proposal to the city or town council, and to the planning board or commission of the city or town for study and recommendation. The planning board or commission shall, in turn, notify and seek the advice of the city or town planning department, if any, and report to the city or town council within forty-five (45) days after receipt of the proposal, giving its findings and recommendations as prescribed in § 45-24-52. Where a proposal for adoption, amendment, or repeal of a zoning ordinance or zoning map is made by the city or town planning board or commission, the requirements for study by the board may be waived; provided, that the proposal by the planning board includes its findings and recommendations pursuant to § 45-24-52. The city or town council shall hold a public hearing within sixty-five (65) days of receipt of a proposal, giving proper notice as prescribed in § 45-24-53. The city or town council shall render a decision on any proposal within forty-five (45) days after the date of completion of the public hearing. The provisions of this section pertaining to deadlines shall not be construed to apply to any extension consented to by an applicant.
History of Section.
P.L. 1991, ch. 307, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24 - Zoning Ordinances › Section 45-24-52. - Adoption — Review by planning board or commission.

§ 45-24-52. Adoption — Review by planning board or commission.
Among its findings and recommendations to the city or town council with respect to a proposal for adoption, amendment, or repeal of a zoning ordinance or zoning map, the planning board or commission shall:
(1)
Include a statement on the general consistency of the proposal with the comprehensive plan of the city or town, including the goals and policies statement, the implementation program, and all other applicable elements of the comprehensive plan; and
(2)
Include a demonstration of recognition and consideration of each of the applicable purposes of zoning, as presented in § 45-24-30.
History of Section.
P.L. 1991, ch. 307, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24 - Zoning Ordinances › Section 45-24-54. - Administration — Administration and enforcement of zoning ordinance.

§ 45-24-54. Administration — Administration and enforcement of zoning ordinance.
A zoning ordinance adopted pursuant to this chapter must provide for the administration and enforcement of its provisions pursuant to this chapter. The zoning ordinance must designate the local official or agency and specify minimum qualifications for the person or persons charged with its administration and enforcement, including: (1) the issuing of any required permits or certificates; (2) collection of required fees; (3) keeping of records showing the compliance of uses of land; (4) authorizing commencement of uses or development under the provisions of the zoning ordinance; (5) inspection of suspected violations; (6) issuance of violation notices with required correction action; (7) collection of fines for violations; and (8) performing any other duties and taking any actions that may be assigned in the ordinance. In order to provide guidance or clarification, the zoning enforcement officer or agency shall, upon written request, issue a zoning certificate or provide information to the requesting party as to the determination by the official or agency within fifteen (15) days of the written request. In the event that no written response is provided within that time, the requesting party has the right to appeal to the zoning board of review for the determination.
History of Section.
P.L. 1991, ch. 307, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24 - Zoning Ordinances › Section 45-24-55. - Administration — Maintenance of zoning ordinance.

§ 45-24-55. Administration — Maintenance of zoning ordinance.
The city or town clerk is the custodian of the zoning ordinance and zoning map or maps created under the ordinance. A zoning ordinance designates:
(1)
The officer(s) or agency(ies) responsible for the maintenance and update of the text and zoning map comprising the zoning ordinance. Changes which impact the zoning map shall be depicted on the map within ninety (90) days of the authorized change(s); and
(2)
The office or agency responsible for the review of the zoning ordinance at reasonable intervals; and, whenever changes are made to the comprehensive plan of the city or town, for the identification of any changes necessary and for the forwarding of these changes to the city or town council.
History of Section.
P.L. 1991, ch. 307, § 1.