reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24 - Zoning Ordinances › Section 45-24-58. - Administration — Application procedure. [Effective until January 1, 2024.]

§ 45-24-58. Administration — Application procedure. [Effective until January 1, 2024.]
The zoning ordinance establishes the various application procedures necessary for the filing of appeals, requests for variances, special-use permits, development plan reviews, site plan reviews, and other applications that may be specified in the zoning ordinance, with the zoning board of review, consistent with the provisions of this chapter. The zoning ordinance provides for the creation of appropriate forms, and for the submission and resubmission requirements, for each type of application required. A zoning ordinance may establish that a time period of a certain number of months is required to pass before a successive similar application may be filed.
History of Section.
P.L. 1991, ch. 307, § 1.
§ 45-24-58. Administration — Application procedure. [Effective January 1, 2024.]
The zoning ordinance shall establish the various application procedures necessary for the filing of appeals, requests for variances, special-use permits, development plan reviews, and other applications that may be specified in the zoning ordinance as allowed by this chapter, with the zoning board of review, consistent with the provisions of this chapter. The zoning ordinance shall provide for the creation of appropriate forms, and for the submission and resubmission requirements, for each type of application required. A zoning ordinance may establish that a time period of a certain number of months is required to pass before a successive similar application may be filed.
History of Section.
P.L. 1991, ch. 307, § 1; 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 45-24-59. - Administration — Fees.

§ 45-24-59. Administration — Fees.
A zoning ordinance adopted pursuant to this chapter may provide for reasonable fees, in an amount not to exceed actual costs incurred, to be paid by the appellant or applicant for the adequate review and hearing of applications, the issuance of zoning certificates, and for the recording of the decisions.
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 45-24-60. - Administration — Violations.

§ 45-24-60. Administration — Violations.
(a)
A zoning ordinance adopted pursuant to this chapter shall provide for a penalty for any violation of the zoning ordinance, or for a violation of any terms or conditions of any action imposed by the zoning board of review or of any other agency or officer charged in the ordinance with enforcement of any of its provisions. The penalty for the violation must reasonably relate to the seriousness of the offense, and not exceed five hundred dollars ($500) for each violation, and each day of the existence of any violation is deemed to be a separate offense. Any fine shall inure to the city or town.
(b)
The city or town may also cause suit to be brought in the supreme or superior court, or any municipal court, including a municipal housing court having jurisdiction, in the name of the city or town, to restrain the violation of, or to compel compliance with, the provisions of its zoning ordinance. A city or town may consolidate an action for injunctive relief and/or fines under the ordinance in the superior court of the county in which the subject property is located.
History of Section.
P.L. 1991, ch. 307, § 1; P.L. 2016, ch. 511, art. 1, § 21.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24 - Zoning Ordinances › Section 45-24-61. - Administration — Decisions and records of zoning board of review.

§ 45-24-61. Administration — Decisions and records of zoning board of review.
(a)
Following a public hearing, the zoning board of review shall render a decision within fifteen (15) days. The zoning board of review shall include in its decision all findings of fact and conditions, showing the vote of each participating member, and the absence of a member or his or her failure to vote. Decisions shall be recorded and filed in the office of the city or town clerk within thirty (30) days from the date when the decision was rendered, and is a public record. The zoning board of review shall keep written minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact, and shall keep records of its examinations, findings of fact, and other official actions, all of which shall be recorded and filed in the office of the zoning board of review in an expeditious manner upon completion of the proceeding. For any proceeding in which the right of appeal lies to the superior or supreme court, the zoning board of review shall have the minutes taken either by a competent stenographer or recorded by a sound-recording device.
(b)
Any decision by the zoning board of review, including any special conditions attached to the decision, shall be mailed within one business day of recording, by any method that provides confirmation of receipt to the applicant, to any objector who has filed a written request for notice with the zoning enforcement officer, and to the zoning enforcement officer of the city or town. Any decision evidencing the granting of a variance, modification, or special use shall also be recorded in the land evidence records of the city or town and mailed within one business day of recording, by any method that provides confirmation of receipt, to the applicant, to any objector who has filed a written request for notice with the zoning enforcement officer, and to the zoning officer. A copy of the recorded decision shall be mailed within one business day of recording, by any method that provides confirmation of receipt, to the applicant, and to any objector who has filed a written request for notice with the zoning enforcement officer, as well as a copy to the zoning enforcement officer.
History of Section.
P.L. 1991, ch. 307, § 1; P.L. 1999, ch. 57, § 1; P.L. 1999, ch. 296, § 1; P.L. 2002, ch. 181, § 1; P.L. 2014, ch. 198, § 1; P.L. 2014, ch. 217, § 1; P.L. 2017, ch. 109, § 2; P.L. 2017, ch. 175, § 2.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24 - Zoning Ordinances › Section 45-24-61.1. - Procedure — Tolling of expiration periods.

§ 45-24-61.1. Procedure — Tolling of expiration periods.
(a)
Notwithstanding any other provision set forth in this chapter, all periods pertaining to the expiration of any approval issued pursuant to the local ordinances promulgated under this chapter shall be tolled until June 30, 2017. For the purposes of this section, “tolling” shall mean the suspension or temporary stopping of the running of the applicable permit or approval period.
(b)
Said tolling need not be recorded in the land evidence records to be valid; however, a notice of the tolling must be posted in the municipal planning department, and near the land evidence records.
(c)
The tolling shall apply only to approvals or permits in effect on November 9, 2009, and those issued between November 9, 2009, and June 30, 2017, and shall not revive expired approvals.
(d)
The expiration dates for all permits and approvals issued before the tolling period began will be recalculated as of July 1, 2017, by adding thereto the number of days between November 9, 2009, and the day on which the permit or approval would otherwise have expired. The expiration dates for all permits and approvals issued during the tolling period will be recalculated as of July 1, 2017, by adding thereto the number of days between the day the permit or approval was issued and the day the permit or approval otherwise would have expired.
History of Section.
P.L. 2009, ch. 198, § 3; P.L. 2009, ch. 199, § 3; P.L. 2010, ch. 209, § 2; P.L. 2010, ch. 215, § 2; P.L. 2011, ch. 56, § 3; P.L. 2011, ch. 65, § 3; P.L. 2013, ch. 137, § 3; P.L. 2013, ch. 184, § 3; P.L. 2015, ch. 103, § 3; P.L. 2015, ch. 114, § 3; P.L. 2016, ch. 117, § 2; P.L. 2016, ch. 118, § 2.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24 - Zoning Ordinances › Section 45-24-62. - Administration — Judicial aid in enforcement.

§ 45-24-62. Administration — Judicial aid in enforcement.
The supreme court and the superior court, within their respective jurisdictions, or any justice of either of those courts in vacation, shall, upon due proceedings in the name of the city or town, instituted by its city or town solicitor, have power to issue any extraordinary writ or to proceed according to the course of law or equity or both:
(1)
To restrain the erection, alteration, or use of any building, structure, sign, or land erected, altered, or used in violation of the provisions of any zoning ordinance enacted under the authority of this chapter, and to order its removal or abatement as a nuisance;
(2)
To compel compliance with the provisions of any zoning ordinance enacted under the authority of this chapter;
(3)
To order the removal by the property owner of any building, structure, sign, or improvement existing in violation of any zoning ordinance enacted under the provisions of this chapter and to authorize some official of the city or town, in the default of the removal by the owner, to remove it at the expense of the owner;
(4)
To order the reimbursement for any work or materials done or furnished by or at the cost of the city or town;
(5)
To order restoration by the owner, where practicable; and/or
(6)
To issue fines and other penalties.
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 45-24-63. - Appeals — Right of appeal.

§ 45-24-63. Appeals — Right of appeal.
(a)
A zoning ordinance adopted pursuant to this chapter shall provide that an appeal from any decision of an administrative officer or agency charged in the ordinance with the enforcement of any of its provisions may be taken to the zoning board of review by an aggrieved party.
(b)
A zoning ordinance adopted pursuant to this chapter shall provide that an appeal from a decision of the zoning board of review may be taken by an aggrieved party to the superior court for the county in which the city or town is situated.
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 45-24-64. - Appeals — Appeals to zoning board of review.

§ 45-24-64. Appeals — Appeals to zoning board of review.
An appeal to the zoning board of review from a decision of any other zoning enforcement agency or officer may be taken by an aggrieved party. The appeal shall be taken within a reasonable time of the date of the recording of the decision by the zoning enforcement officer or agency by filing with the officer or agency from whom the appeal is taken and with the zoning board of review a notice of appeal specifying the ground of the appeal. The officer or agency from whom the appeal is taken shall immediately transmit to the zoning board of review all the papers constituting the record upon which the action appealed from was taken. Notice of the appeal shall also be transmitted to the planning board or commission.
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 45-24-65. - Appeals — Stay of proceedings.

§ 45-24-65. Appeals — Stay of proceedings.
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the zoning enforcement officer or agency from whom the appeal is taken certifies to the zoning board of review, after an appeal has been filed, that by reason of facts stated in the certificate a stay would in the officer’s or agency’s opinion cause imminent peril to life or property. In that case, proceedings shall not be stayed other than by a restraining order, which may be granted by a court of competent jurisdiction on application and upon notice to the officer or agency from whom the appeal is taken on due cause shown.
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 45-24-66. - Appeals — Public hearing by zoning board of review.

§ 45-24-66. Appeals — Public hearing by zoning board of review.
The zoning board of review shall fix a reasonable time for the hearing of the appeal, and shall give public notice, at least fourteen (14) days prior to the date of the hearing in a newspaper of general circulation in the city or town. Notice of the hearing, which shall include the street address of the subject property, shall be sent by first class mail, postage prepaid, to the appellant and to those requiring notice under § 45-24-53. The zoning board of review shall decide the matter within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. The cost of any notice required for the hearing shall be borne by the appellant.
History of Section.
P.L. 1991, ch. 307, § 1; P.L. 2001, ch. 209, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24 - Zoning Ordinances › Section 45-24-67. - Appeals — Participation in zoning hearing.

§ 45-24-67. Appeals — Participation in zoning hearing.
Participation in a zoning hearing or other proceeding by a party is not a cause for civil action or liability except for acts not in good faith, intentional misconduct, a knowing violation of law, transactions where there is an improper personal benefit, or malicious, wanton, or willful misconduct.
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 45-24-68. - Appeals — Decisions and records of zoning board of review.

§ 45-24-68. Appeals — Decisions and records of zoning board of review.
In exercising its powers the zoning board of review may, in conformity with the provisions of this chapter, reverse or affirm wholly or partly and may modify the order, requirement, decision, or determination appealed from and may make any orders, requirements, decisions, or determinations that ought to be made, and to that end has the powers of the officer from whom the appeal was taken. All decisions and records of the zoning board of review respecting appeals shall conform to the provisions of § 45-24-61.
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 45-24-69.1. - Appeals — Notice of appeals to superior court.

§ 45-24-69.1. Appeals — Notice of appeals to superior court.
(a)
Whenever an aggrieved party appeals a decision of a zoning board of review to the superior court pursuant to the provisions of § 45-24-69, the aggrieved party shall also give notice of the appeal to those persons who were entitled to notice of the hearing set by the zoning board of review. The persons entitled to notice are set forth and described in § 45-24-53.
(b)
Notice of the appeal shall be mailed to those parties described in § 45-24-53 within ten (10) business days of the date that the appeal is filed in superior court not counting Saturdays, Sundays, or holidays. Notice shall be sent by first class mail, postage prepaid, and the cost of the notice shall be borne by the aggrieved party filing the appeal in superior court.
(c)
The notice sent for an appeal to the superior court as described in this section shall include and contain:
(1)
The caption and civil action number of the case;
(2)
The date the case was filed in the superior court;
(3)
The county in which the appeal to superior court was filed;
(4)
The name, address and telephone number of the attorney filing the appeal on behalf of the aggrieved party, or, the name, address, and telephone number of the aggrieved party if the aggrieved party is not represented by counsel;
(5)
Language in bold type notifying the person(s) receiving the notice that an appeal has been filed in the superior court;
(6)
Language indicating that the aggrieved party will serve the named defendants;
(7)
Language indicating that the persons receiving the notice may retain counsel and/or participate in the appeal insofar as the law allows;
(8)
Language indicating that an appeal of a decision of a zoning board to the superior court is governed by § 45-24-69 and this section; and
(9)
The date of the notice shall be contained on the notice.
(d)
Within twenty (20) days after a notice as described in this section is sent, the aggrieved party shall file an affidavit with the court indicating and/or containing:
(1)
A complete list of all the names and addresses of the intended recipients of the notice of the hearing;
(2)
The date the notice was sent;
(3)
An affirmative statement verifying the notice was sent by first class mail, postage prepaid;
(4)
An affirmative statement verifying that each notice was sent in an envelope containing a return address and indicating the return address on the envelope;
(5)
A statement identifying all notices that were returned to the return address or not delivered for whatever reason and/or an affirmative statement indicating that all other notices have not been returned as of the date and time of the affidavit; and
(6)
A copy of the form of the notice shall be attached to the affidavit.
History of Section.
P.L. 2001, ch. 209, § 2; P.L. 2004, ch. 578, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24 - Zoning Ordinances › Section 45-24-70. - Appeals — Priority in judicial proceedings.

§ 45-24-70. Appeals — Priority in judicial proceedings.
Upon the entry of any case or proceeding brought under the provisions of this chapter, including pending appeals and appeals subsequently 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 shall be heard and determined with as little delay as possible.
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 45-24-71. - Appeals — Appeal of enactment of or amendment to zoning ordinance.

§ 45-24-71. Appeals — Appeal of enactment of or amendment to zoning ordinance.
(a)
An appeal of an enactment of or an amendment to a zoning ordinance may be taken to the superior court for the county in which the municipality is situated by filing a complaint within thirty (30) days after the enactment or amendment has become effective. The appeal may be taken by an aggrieved party or by any legal resident or landowner of the municipality or by any group of residents or landowners whether or not incorporated, of the municipality. The appeal shall not stay the enforcement of the zoning ordinance, 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 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 does not conform with the comprehensive plan and/or the manner in which it constitutes a taking of private property without just compensation.
(c)
The review shall be conducted by the court without a jury. The court shall first consider whether the enactment or amendment of the zoning ordinance is in conformance with the comprehensive plan. If the enactment or amendment is not in conformance with the comprehensive plan, then the court shall invalidate the enactment or the amendment, or those parts of the enactment or amendment which are not in conformance with the comprehensive plan. The court shall not revise the ordinance to conform with the comprehensive plan, but may suggest appropriate language as part of the court decision.
(d)
In the case of an aggrieved party, where the court has found that the enactment or amendment of the zoning ordinance is in conformance with the comprehensive plan, then the court shall next determine whether the enactment or amendment works as a taking of property from the aggrieved party. If the court determines that there has been a taking, the court shall remand the case to the legislative body of the municipality, with its findings that a taking has occurred, and order the municipality to either provide just compensation or rescind the enactment or amendment within thirty (30) days.
(e)
The superior court retains jurisdiction, in the event that the aggrieved party and the municipality do not agree on the amount of compensation, in which case the superior court shall hold further hearings to determine and to award compensation. The superior court retains jurisdiction to determine the amount of an award of compensation for any temporary taking, if that taking exists.
(f)
The court may, in its discretion, upon the motion of the parties or on its own motion, award reasonable attorney’s fees to any party to an appeal, including a municipality.
History of Section.
P.L. 1991, ch. 307, § 1; P.L. 2001, ch. 89, § 2.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24 - Zoning Ordinances › Section 45-24-72. - Severability.

§ 45-24-72. Severability.
If any provision of this chapter or any rule, regulation, or determination made under this chapter, or the application to any person, agency, or circumstance, 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 thereby. 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. 1991, ch. 307, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24 - Zoning Ordinances › Section 45-24-73. - Consistent statewide treatment of accessory dwelling units required.

§ 45-24-73. Consistent statewide treatment of accessory dwelling units required.
(a)
Any municipality that chooses to permit accessory dwelling units (ADUs) within the municipality, shall not impose any excessive restrictions on accessory dwelling units (ADUs). More specifically, a municipality that permits ADUs shall not:
(1)
Restrict tenants based on familial relationship or age unless such restriction is necessary to comply with the terms of the federal subsidy related to affordability;
(2)
Charge unique or unreasonable application fees for the creation of an ADU;
(3)
Require infrastructure improvements, including, but not limited to, separate water or sewer service lines or expanded septic system capacity; provided, however, municipalities may require modification required for compliance under state law or regulation;
(4)
Discriminate against populations protected under state and federal fair housing laws;
(5)
Impose unreasonable dimensional requirements on ADUs that effectively preclude their development or utilization;
(6)
Require a larger minimum lot size for a property with an ADU over that required for a property without an ADU in the same zone;
(7)
Require more than one parking space beyond what is already required for the primary use; or
(8)
Limit ADUs to lots with preexisting homes; provided, a municipality shall allow ADUs as part of applications for new primary dwelling units or subdivisions.
(b)
To further enable the use of ADUs and to remove barriers to utilization, municipalities may allow ADUs in primary or accessory structures that are lawfully established preexisting non-conforming through a special use permit and not require a variance, notwithstanding any provision of this chapter to the contrary that would require a variance.
(c)
Private restrictions on ADUs imposed by condominium associations, homeowner associations, or similar residential property governing bodies, which conflict with the provisions of this section or the definition of an ADU as set forth in § 45-24-31, shall be void as against public policy. Provided, however, if ADUs are allowed by condominium association covenants, homeowner association covenants, or similar residential property governing bodies, they shall be deemed in compliance with this subsection.
(d)
The development of ADUs shall not be restricted by any locally adopted ordinance or policy that places a limit or moratorium on the development of residential units in land zoned for residential use.
History of Section.
P.L. 2022, ch. 437, § 2, effective June 30, 2022; P.L. 2022, ch. 440, § 2, effective June 30, 2022.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24 - Zoning Ordinances › Section 45-24-74. - Additional zoning provisions for applications for accessory dwelling units.

§ 45-24-74. Additional zoning provisions for applications for accessory dwelling units.
(a)
Applications for accessory dwelling units (ADUs) that are not part of a larger development proposal shall be reviewed through an administrative officer or development plan review process. They shall not, by themselves, be reviewed as minor land development, major land development, or special use permits.
(b)
ADUs shall be a permitted use in any residential district with a minimum lot size of twenty thousand square feet (20,000 sq. ft.) or more, and where the proposed ADU is located within the existing footprint of the primary structure or existing secondary attached or detached structure and does not expand the footprint of the structure.
(c)
Municipalities may utilize a unified development review process for any application that includes ADUs, regardless of whether a city or town has opted into the current unified development review statute.
(d)
As part of the approval process, municipalities may exempt ADUs from all or part of utility assessment and/or tie in fees.
History of Section.
P.L. 2022, ch. 437, § 2, effective June 30, 2022; P.L. 2022, ch. 440, § 2, effective June 30, 2022.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24 - Zoning Ordinances › Section 45-24-75. - Accessory dwelling units which may be counted towards low- and moderate-income housing.

§ 45-24-75. Accessory dwelling units which may be counted towards low- and moderate-income housing.
(a)
Accessory dwelling units (ADUs) may be counted towards meeting a municipality’s affordable housing goals pursuant to chapter 53 of this title, and may be counted towards the ten percent (10%) of the year-round housing units reported in the census as required by § 45-53-4, if the tenant of the unit has a one-year lease and the following conditions are met:
(1)
The ADU is occupied by a household whose income does not exceed eighty percent (80%) of the area median income (AMI), adjusted for family size, as determined and certified by the selected approved monitoring agent; or
(2)
The ADU is leased to a household utilizing a publicly subsidized rental assistance voucher that limits income to no more than eighty percent (80%) of the AMI, evidence of which is provided to the selected approved monitoring agent; and
(3)
The cost of rent, heat, and utilities other than telephone, cable, and internet, based on the number of the bedrooms in the unit does not exceed thirty percent (30%) of the gross annual household income for a household with eighty percent (80%) or less of area median income, adjusted for family size as certified by the selected approved monitoring agent.
(b)
Accessory dwelling units eligible to be counted toward a community’s affordable housing goal under this section shall be counted as one-half (0.5) units each in every year for which documentation required to establish eligibility under subsection (a) of this section is provided annually to Rhode Island housing by the selected approved monitoring agent.
(c)
Notwithstanding subsection (a) of this section, an accessory dwelling unit may not be counted toward meeting a municipality’s affordable housing goal if the tenant is a claimed dependent on another individual’s most recent tax filing unless one or more of the following applies:
(1)
The claimed individual is an adult dependent receiving Supplemental Security Income (SSI) or Social Security Disability Income; or
(2)
The claimed individual has documentation from a licensed medical professional certifying to the claimed individual’s disability status; or
(3)
The claimed individual is a person with a developmental disability as defined in § 40.1-1-8.1.
(d)
ADUs serving eligible households as described in subsection (a) or (b) of this section shall be included in the next annual count of low- and moderate-income units following submittal of eligibility documentation to Rhode Island housing at one-half (0.5) units each.
History of Section.
P.L. 2022, ch. 437, § 2, effective June 30, 2022; P.L. 2022, ch. 440, § 2, effective June 30, 2022.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24 - Zoning Ordinances › Section 45-24-76. - Accessory dwelling units annual reporting.

§ 45-24-76. Accessory dwelling units annual reporting.
(a)
Each municipality within the state shall furnish to the department of housing information on:
(1)
Any ordinances enacted related to accessory dwelling units, including those that implement this section of law during the previous calendar year;
(2)
All accessory dwelling units permitted during each of the two (2) previous calendar years; and
(3)
All accessory dwelling units issued a certificate of occupancy during each of the two (2) previous calendar years.
(b)
Municipalities shall provide the information in subsection (a) annually by February 1. The department of housing shall produce an annual report of municipal activity related to accessory dwelling units, with the information identified in subsection (a) on a statewide basis and disaggregated by municipality and shall provide a copy of the report to the speaker of the house, the president of the senate, and the secretary of housing by March 1.
History of Section.
P.L. 2022, ch. 437, § 2, effective June 30, 2022; P.L. 2022, ch. 440, § 2, effective June 30, 2022; P.L. 2023, ch. 79, art. 6, § 6, effective June 16, 2023.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24 - Zoning Ordinances › Section 45-24-77. - Transit-oriented development pilot program. [Effective January 1, 2024.]

§ 45-24-77. Transit-oriented development pilot program. [Effective January 1, 2024.]
(a)
Findings and declarations.
The general assembly finds and declares that in order to increase the availability of residential housing near convenient public transportation, alleviate traffic congestion, and further the goals of chapter 6.2 of title 42, the Act on Climate, enacted in 2021, there is a need to identify growth centers for higher density housing, considering the capacity for water service, sewer service, transit connections, and employment centers.
(b)
Establishment.
To fulfill the findings and declarations of this section, a transit-oriented development pilot program is hereby established that shall allow municipalities to apply for funds for residential development.
(c)
Applicability.
Effective January 1, 2024, in addition to the criteria to be established by the department of housing as set forth in subsection (d) of this section, to qualify for the pilot program, a municipality must have developable land or properties that is within a one-quarter (¼) mile radius of a regional mobility hub or a one-eighth (⅛) mile radius of a frequent transit stop as such terms are defined in the 2020 Rhode Island transit master plan or its successor document.
(d)
Authority.
The department of housing, in conjunction with input and data from the department of transportation and division of statewide planning, is hereby authorized to promulgate rules and regulations consistent with this section that establish:
(1)
The criteria to qualify for consideration into the pilot program;
(2)
The process for the application, submission requirements and pre-requisites, including, but not limited to, an established zoning overlay district or other provisions that provide increased density for residential development at a minimum of ten units per acre (10 U/A), mandates for the development of affordable housing, and the easing of dimensional restrictions and parking requirements for such development;
(3)
Criteria for acceptance into the pilot program;
(4)
Reporting requirements for municipalities accepted into the pilot program; and
(5)
Penalties for lack of compliance with the pilot program regulations.
(e)
Reporting.
Beginning on December 31, 2024, the department of housing shall publish an annual report regarding development under this pilot program, funds distributed and/or committed, and such report shall include categories of metrics and data agreed upon by the department of housing, department of transportation, and the participating municipalities.
History of Section.
P.L. 2023, ch. 323, § 1, effective January 1, 2024; P.L. 2023, ch. 324, § 1, effective January 1, 2024.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.1 - Historical Area Zoning › Section 45-24.1-1. - Declaration of purpose.

§ 45-24.1-1. Declaration of purpose.
The preservation of structures of historic and architectural value and historic cemeteries, wherever located within a city or town, are declared to be a public purpose, and any city or town council has the power by ordinance to regulate the construction, alteration, repair, moving, and demolition of these structures within the limits of the city or town. It is recognized that the purpose of the ordinance is to:
(1)
Safeguard the heritage of the city or town by preserving a district in a city or town which reflects elements of its cultural, social, economic, political, and architectural history;
(2)
Stabilize and improve property values in that district;
(3)
Foster civic beauty;
(4)
Strengthen the local economy;
(5)
Promote the use of the historic districts for the education, pleasure, and welfare of the citizens of the city or town; and
(6)
Provide, where feasible, that in these historic districts housing, including, but not limited to, limited equity cooperative housing, be made available to low and/or moderate income residents.
History of Section.
P.L. 1959, ch. 131, § 1; P.L. 1986, ch. 256, § 5; P.L. 1989, ch. 311, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.1 - Historical Area Zoning › Section 45-24.1-1.1. - Definitions.

§ 45-24.1-1.1. Definitions.
The following terms have the following respective meanings unless a different meaning clearly appears from the context:
(1)
“Alteration” means an act that changes one or more of the exterior architectural features of a structure or its appurtenances, including, but not limited to, the erection, construction, reconstruction, or removal of any structure or appurtenance.
(2)
“Appurtenances” means features other than primary or secondary structures which contribute to the exterior historic appearance of a property, including, but not limited to, paving, doors, windows, signs, materials, decorative accessories, fences, and historic landscape features.
(3)
“Certificate of appropriateness” means a certificate issued by a historic district commission established under this chapter indicating approval of plans for alteration, construction, repair, removal, or demolition of a structure or appurtenances of a structure within a historic district. Appropriate for the purposes of passing upon an application for a certificate of appropriateness means not incongruous with those aspects of the structure, appurtenances, or the district which the commission has determined to be historically or architecturally significant.
(4)
“Construction” means the act of adding to an existing structure or erecting a new principal or accessory structure or appurtenances to a structure, including, but not limited to, buildings, extensions, outbuildings, fire escapes, and retaining walls.
(5)
“Demolition” means an act or process that destroys a structure or its appurtenances in part or in whole.
(6)
“Historic district” means a specific division of a city or town as designated by ordinance of the city or town pursuant to this chapter. A historic district may include one or more structures.
(7)
“Removal” means a relocation of a structure on its site or to another site.
(8)
“Repair” means a change meant to remedy damage or deterioration of a structure or its appurtenances.
(9)
“Structure” means anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, including, but not limited to, buildings, gazebos, billboards, outbuildings, decorative and retaining walls, and swimming pools.
History of Section.
P.L. 1988, ch. 373, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.1 - Historical Area Zoning › Section 45-24.1-2. - Historic district zoning authorized.

§ 45-24.1-2. Historic district zoning authorized.
In order to carry out the purposes of this chapter, each city and town has the authority to establish, change, lay out, and define districts, which are deemed to be of historical or architectural value, in the same manner as those cities and towns are presently empowered to establish or change areas and classifications of zoning.
History of Section.
P.L. 1959, ch. 131, § 2.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.1 - Historical Area Zoning › Section 45-24.1-3.1. - Present appointments unaffected.

§ 45-24.1-3.1. Present appointments unaffected.
Nothing contained in § 45-24.1-3, in any way alters any other part or provision of this title, chapter, or section, or any appointments made thereunder, all of which remain in full force and effect.
History of Section.
P.L. 1972, ch. 221, § 2.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.1 - Historical Area Zoning › Section 45-24.1-3.2. - Legislative findings.

§ 45-24.1-3.2. Legislative findings.
The general assembly hereby recognizes that gas regulators or gas meters located anywhere on the exterior of historic buildings or buildings located in a historic district may create a visual intrusion to the property and to the surrounding historic district, and it is the intent of this chapter to provide procedures for any public utility proposing to locate or relocate such devices on residential historic buildings.
History of Section.
P.L. 2009, ch. 110, § 2; P.L. 2009, ch. 184, § 2.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.1 - Historical Area Zoning › Section 45-24.1-5. - Avoiding demolition through owner neglect.

§ 45-24.1-5. Avoiding demolition through owner neglect.
A city or town may by ordinance empower city or town councils in consultation with the historic district commission to identify structures of historical or architectural value whose deteriorated physical condition endangers the preservation of the structure or its appurtenances. The council shall publish standards for maintenance of properties within historic districts. Upon the petition of the historic district commission that a historic structure is so deteriorated that its preservation is endangered, the council may establish a reasonable time not less than thirty (30) days within which the owner must begin repairs. If the owner has not begun repairs within the allowed time, the council shall hold a hearing at which the owner may appear and state his or her reasons for not commencing repairs. If the owner does not appear at the hearing or does 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 repayment.
History of Section.
P.L. 1959, ch. 131, § 5; P.L. 1963, ch. 152, § 1; P.L. 1988, ch. 373, § 2.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.1 - Historical Area Zoning › Section 45-24.1-6. - Public meetings.

§ 45-24.1-6. Public meetings.
All meetings of the commission are open to the public, and any person or his or her duly constituted representative is entitled to appear and be heard on any matter before the commission before it reaches its decision. The commission shall keep a record, open to public view, of its resolutions, proceedings, findings, decisions, and actions. The commission shall provide notice of its meetings and comply in all respects with the requirements of the open meetings law.
History of Section.
P.L. 1959, ch. 131, § 6; P.L. 1988, ch. 373, § 2.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.1 - Historical Area Zoning › Section 45-24.1-7. - Certificate of appropriateness or rejection of plans — Period within which commission to act.

§ 45-24.1-7. Certificate of appropriateness or rejection of plans — Period within which commission to act.
The commission shall file with the building official or other duly delegated authority its certificate of appropriateness 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 building official or other duly delegated authority and no permit shall be issued in such a case. The failure of the commission to act within forty-five (45) days from the date of an application filed with it, unless an extension is agreed upon mutually by the applicant and the commission, is deemed to constitute approval. In the event, however, that the historic district commission makes a finding of fact that the circumstances of a particular application require further time for additional study and information than can be obtained within the period of forty-five (45) days, then the commission has a period of up to ninety (90) days within which to act upon the application.
History of Section.
P.L. 1959, ch. 131, § 7; P.L. 1988, ch. 373, § 2; P.L. 1989, ch. 408, § 2.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.1 - Historical Area Zoning › Section 45-24.1-7.1. - Right of appeal.

§ 45-24.1-7.1. Right of appeal.
Any person, or persons jointly or severally, aggrieved by a decision of the historic district commission has the right of appeal, concerning the decision, to the zoning board, and a further right of appeal from the zoning board to the superior court, in the same manner provided in § 45-24-69 and from the superior court to the supreme court by writ of certiorari.
History of Section.
P.L. 1959, ch. 131, § 7; P.L. 1988, ch. 549, § 2; P.L. 1989, ch. 408, § 3.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.1 - Historical Area Zoning › Section 45-24.1-7.2. - Scope of review by zoning board.

§ 45-24.1-7.2. Scope of review by zoning board.
When hearing appeals from commission decisions, the zoning board of review shall not substitute its own judgment for that of the commission, but must consider the issue upon the findings and record of the commission. The zoning board of review shall not reverse a commission decision except on a finding of prejudicial procedural error, clear error, or lack of support by the weight of the evidence in the record. The zoning board of review shall put all decisions on appeal in writing. The zoning board of review shall articulate and explain the reasons and bases of each decision on the record, and the zoning board of review shall send a copy of the decision to the applicant and to the historic district commission.
History of Section.
P.L. 1965, ch. 239, § 1; P.L. 1988, ch. 373, § 2; G.L. 1956, § 45-24.1-9; P.L. 1989, ch. 408, § 4.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.1 - Historical Area Zoning › Section 45-24.1-8. - Exceptions to applicability of chapter.

§ 45-24.1-8. Exceptions to applicability of chapter.
Nothing in this chapter shall be construed to prevent ordinary maintenance or repair of any structure within the historic district; provided, that any maintenance or repair does not result in any change of design, type of material, or appearance of the structure or its appurtenances. Nothing in this chapter shall be construed to prevent the construction, alteration, repair, moving, or demolition of any structure under a permit issued by the building official prior to the passage of an ordinance.
History of Section.
P.L. 1964, ch. 220, § 1; P.L. 1988, ch. 373, § 2.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.1 - Historical Area Zoning › Section 45-24.1-9. - Appeals.

§ 45-24.1-9. Appeals.
A person or persons jointly or severally aggrieved by a decision of a historic district commission has the right to appeal the decision to the zoning board of review. When hearing appeals from commission decisions, the zoning board of review shall not substitute its own judgment for that of the commission, but must consider the issue upon the findings and record of the commission. The zoning board of review shall not reverse a commission decision except on a finding of prejudicial procedural error, clear error, or lack of support by the weight of the evidence in the record. The zoning board of review shall put all decisions on appeal in writing. The zoning board of review shall articulate and explain the reasons and bases of each decision on the record, and the zoning board of review shall send a copy of the decision to the applicant and to the historic district commission.
History of Section.
P.L. 1965, ch. 239, § 1; P.L. 1988, ch. 373, § 2.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.1 - Historical Area Zoning › Section 45-24.1-10. - Enforcement.

§ 45-24.1-10. Enforcement.
(a)
Any authorized local official or any local building official may bring an action against any property owner who fails to comply with the requirements of § 45-24.1-4. Actions shall be brought in the superior court having jurisdiction where the violation occurred or is likely to occur; provided, that where the violation has occurred, or is likely to occur in the city of Providence, the action shall be brought in the municipal housing court in the city. Plaintiffs may seek restraining orders and injunctive relief to restrain and enjoin violations or threatened violations of this chapter.
(b)
Provided, further, that every person who shall have any historical building, or portion of a historical building demolished without the requisite permits as required by chapter 45-24.1 shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding five hundred dollars ($500) and/or imprisonment of up to one year.
History of Section.
P.L. 1969, ch. 191, § 1; P.L. 1988, ch. 373, § 2; P.L. 1990, ch. 486, § 1; P.L. 2008, ch. 372, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.1 - Historical Area Zoning › Section 45-24.1-20. - Preservation of historic structures in Pawtucket.

§ 45-24.1-20. Preservation of historic structures in Pawtucket.
In addition to all other powers granted by the provisions of this chapter, the city of Pawtucket 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 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.