2014 -- S 2722 SUBSTITUTE A

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LC004813/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO TOWNS AND CITIES - ZONING ORDINANCES

     Introduced By: Senators Jabour, Metts, Ruggerio, Miller, and Goodwin

     Date Introduced: March 05, 2014

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

Ordinances" is hereby amended to read as follows:

     45-24-65. Appeals -- Stay of proceedings. -- (a) 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.

     (b) Provided, however, that in the city of Providence, the automatic stay upon appeal may

be lifted if the Providence zoning enforcement officer or agency states in a certificate that a stay

in the officer's or agency's opinion, would cause imminent peril to the public health, safety or

welfare and/or cause substantial economic burden to the applicant. In such cases, 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.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES - ZONING ORDINANCES

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     This act would remove the automatic stay issued when a Providence zoning board

decision is appealed, if its zoning enforcement officer states in a certificate that the stay would

cause imminent peril to the public health, safety or welfare and /or cause substantial economic

burden to the applicant.

     This act would take effect upon passage.

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