Title 45
Towns and Cities

Chapter 24
Zoning Ordinances

R.I. Gen. Laws § 45-24-49

§ 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.