(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. 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 § 45-23-71.
(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.]
Notes of Decisions
Muschiano v. Travers, 973 A.2d 515 (R.I. 2009).
· cites it 4× “(2)(b) 8 of the City of Pawtucket Zoning Ordinance, and (2) the ordinance does not provide “specific and objective guidelines” for such review as required by G.L.1956 § 45-24-49(b). 9 Mr. Muschiano further maintains that the Superior Court had the authority to declare that the…”
Cohen v. Duncan, 970 A.2d 550 (R.I. 2009).
“At oral argument a question was raised whether approval of development plan review is an appealable decision under the Zoning Enabling Act §§ 45-24-63 and 45-24-64 in light of the fact that § 45-24-49 provides that development plan review is in some circumstances "advisory" to…”
— R.I. Gen. Laws § 45-24-49(b) — 1 case
Muschiano v. Travers, 973 A.2d 515 (R.I. 2009).
“(2)(b) 8 of the City of Pawtucket Zoning Ordinance, and (2) the ordinance does not provide “specific and objective guidelines” for such review as required by G.L.1956 § 45-24-49(b). 9 Mr. Muschiano further maintains that the Superior Court had the authority to declare that the…”
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treatment. Dots show Syfertize treatment of the citing case itself.