2014 -- H 8054

========

LC005343

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

____________

A N   A C T

RELATING TO TOWNS AND CITIES - ZONING ORDINANCES

     

     Introduced By: Representatives Cimini, and Palangio

     Date Introduced: April 10, 2014

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

1

     SECTION 1. Section 45-24-65 of the General Laws in Chapter 45-24 entitled "Zoning

2

Ordinances" is hereby amended to read as follows:

3

     45-24-65. Appeals -- Stay of proceedings. -- An appeal shall stay all proceedings in

4

furtherance of the action appealed from, unless the zoning enforcement officer or agency from

5

whom the appeal is taken certifies to the zoning board of review, after an appeal has been filed,

6

that by reason of facts stated in the certificate a stay would in the officer's or agency's opinion

7

cause imminent peril to life or property the public health, safety, or welfare, and/or would cause a

8

substantial economic burden to the applicant. In that case such cases, proceedings shall not be

9

stayed other than by a restraining order, which may be granted by a court of competent

10

jurisdiction on application and upon notice to the officer or agency from whom the appeal is

11

taken on due cause shown.

12

     SECTION 2. This act shall take effect upon passage.

========

LC005343

========

 

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES - ZONING ORDINANCES

***

1

     This act would authorize a municipal zoning enforcement officer or agency to lift the

2

automatic stay pending appeal where the stay would cause imminent peril to the public health,

3

safety or welfare, or would cause a substantial economic burden to the applicant.

4

     This act would take effect upon passage.

========

LC005343

========

 

LC005343 - Page 2 of 2