Title 45, Title 45 and Cities

Where words or terms used in this chapter are defined in § 45-22.2-4 or § 45-23-32, they have the meanings stated in that section. In addition, the following words have the following meanings. Additional words and phrases may be used in developing local ordinances under this chap…

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 followin…

(a) A zoning ordinance shall address each of the purposes stated in § 45-24-30 and shall address, through reasonable objective standards and criteria, the following general provisions which are numbered for reference purposes only except as prohibited by § 45-24-30(b), § 45-24- 3…

(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 …

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…

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 e…

(a) The zoning ordinance shall provide a listing of all land uses and/or performance standards for uses that are permitted within the zoning use districts of the municipality. The ordinance may provide for a procedure under which a proposed land use that is not specifically liste…

(a) Any city or town adopting or amending a zoning ordinance under this chapter shall regulate the development of any single substandard lot of record or contiguous lots of record at the effective date of adoption or amendment of the zoning ordinance. (b) Notwithstanding the fail…

(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 nonconfo…

(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 est…

(a) An application for relief from the literal requirements of a zoning ordinance because of hardship may be made by any person, group, agency, or corporation by filing with the zoning enforcement officer or agency an application describing the request and supported by any data a…

(a) A zoning ordinance shall provide for the issuance of special-use permits approved by the zoning board of review, or, where unified development review is enabled pursuant to § 45-24-46.4, the planning board or commission. (b) The ordinance shall: (1) Specify the uses requiring…

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,…

(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. …

(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 ordinanc…

(a) A zoning ordinance shall provide for the issuance of modifications from the literal dimensional requirements of the zoning ordinance in the instance of the construction, alteration, or structural modification of a structure or lot of record. The zoning enforcement officer is …

(a) A zoning ordinance requiring the inclusion of affordable housing as part of a development shall provide that the housing will be affordable housing, as defined in § 42-128-8.1(d)(1); that the affordable housing will constitute not less than fifteen percent (15%) of the total …

(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…

(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 availabl…

(a) A zoning ordinance shall provide that review and decision on variances and/or special-use permits for properties undergoing review which qualifies for unified development review by the authorized permitting authority, be conducted and decided by the authorized permitting auth…

(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 busin…

(a) A zoning ordinance shall provide for land development projects which are defined in § 45-23-32. (b) A zoning ordinance adopted pursuant to this chapter that permits or requires the creation of land development projects in one or more zoning districts shall require that any la…

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 p…

(a) A zoning ordinance may 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.…

(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,…

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…

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 th…

(a) No zoning ordinance shall be adopted, repealed, or amended until after a public hearing has been held upon the question before the city or town council. The city or town council shall first give notice of the public hearing by publication of notice in a newspaper of local cir…

(a) 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 ch…

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 ordinan…

(a) Unless the zoning ordinance provides for a combined review board pursuant to §§ 45-24-56.1 and 45-22-1, a zoning ordinance adopted pursuant to this chapter shall provide for the creation of a zoning board of review and for the appointment of members, including alternate membe…

(a) A zoning ordinance may provide for the creation of a combined review board and for the appointment of members, including alternate members as set forth herein, and for the organization of the board, as specified in the zoning ordinance. Such board, if authorized and appointed…

A zoning ordinance adopted pursuant to this chapter shall provide that the zoning board of review shall: (1) Have the following powers and duties: (i) To hear and decide appeals within sixty-five (65) days of the date of the filing of the appeal where it is alleged there is an er…

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, wit…

(a) On or before October 1, 2025, every municipality in the state shall adopt and implement one electronic permitting platform established pursuant to § 23-27.3-108.2 to utilize for all development applications under this chapter. For purposes of this section, “electronic permitt…

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 re…

(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 ordina…

(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…

(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” shal…

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…

(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. (…

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 agenc…

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 certificat…

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 t…

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 …

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 dete…