§ 45-24-69.1. Appeals — Notice of appeals to superior court.
(a) Whenever an aggrieved party appeals a decision of a zoning board of review to the superior court pursuant to the provisions of § 45-24-69, the aggrieved party shall also give notice of the appeal to those persons who were entitled to notice of the hearing set by the zoning board of review. The persons entitled to notice are set forth and described in § 45-24-53.
(b) Notice of the appeal shall be mailed to those parties described in § 45-24-53 within ten (10) business days of the date that the appeal is filed in superior court not counting Saturdays, Sundays, or holidays. Notice shall be sent by first class mail, postage prepaid, and the cost of the notice shall be borne by the aggrieved party filing the appeal in superior court.
(c) The notice sent for an appeal to the superior court as described in this section shall include and contain:
(1) The caption and civil action number of the case;
(2) The date the case was filed in the superior court;
(3) The county in which the appeal to superior court was filed;
(4) The name, address and telephone number of the attorney filing the appeal on behalf of the aggrieved party, or, the name, address, and telephone number of the aggrieved party if the aggrieved party is not represented by counsel;
(5) Language in bold type notifying the person(s) receiving the notice that an appeal has been filed in the superior court;
(6) Language indicating that the aggrieved party will serve the named defendants;
(7) Language indicating that the persons receiving the notice may retain counsel and/or participate in the appeal insofar as the law allows;
(8) Language indicating that an appeal of a decision of a zoning board to the superior court is governed by § 45-24-69 and this section; and
(9) The date of the notice shall be contained on the notice.
(d) Within twenty (20) days after a notice as described in this section is sent, the aggrieved party shall file an affidavit with the court indicating and/or containing:
(1) A complete list of all the names and addresses of the intended recipients of the notice of the hearing;
(2) The date the notice was sent;
(3) An affirmative statement verifying the notice was sent by first class mail, postage prepaid;
(4) An affirmative statement verifying that each notice was sent in an envelope containing a return address and indicating the return address on the envelope;
(5) A statement identifying all notices that were returned to the return address or not delivered for whatever reason and/or an affirmative statement indicating that all other notices have not been returned as of the date and time of the affidavit; and
(6) A copy of the form of the notice shall be attached to the affidavit.
History of Section.P.L. 2001, ch. 209, § 2; P.L. 2004, ch. 578, § 1.
Structure Rhode Island General Laws
Chapter 45-24 - Zoning Ordinances
Section 45-24-1 - — 45-24-26. Repealed.
Section 45-24-28. - Continuation of ordinances — Supercession — Relation to other statutes.
Section 45-24-29. - Legislative findings and intent.
Section 45-24-30. - General purposes of zoning ordinances.
Section 45-24-31. - Definitions.
Section 45-24-32. - Contents of zoning ordinances.
Section 45-24-33. - Standard provisions.
Section 45-24-34. - General provisions — Purpose and consistency with comprehensive plan.
Section 45-24-35. - General provisions — Definitions.
Section 45-24-36. - General provisions — Division into districts.
Section 45-24-37. - General provisions — Permitted uses.
Section 45-24-38. - General provisions — Substandard lots of record.
Section 45-24-39. - General provisions — Nonconforming development.
Section 45-24-40. - General provisions — Alteration of nonconforming development.
Section 45-24-41. - General provisions — Variances.
Section 45-24-42. - General provisions — Special-use permits.
Section 45-24-43. - General provisions — Special conditions.
Section 45-24-44. - General provisions — Creation of vested rights.
Section 45-24-45. - General provisions — Publication and availability of zoning ordinances.
Section 45-24-46. - Special provisions — Modification.
Section 45-24-46.1. - Inclusionary zoning.
Section 45-24-46.2. - Special provisions — Transfer of development rights — North Kingstown.
Section 45-24-46.3. - Special provisions — Transfer of development rights — Exeter.
Section 45-24-46.4. - Special provisions — Unified development review.
Section 45-24-46.5. - Special provisions — Emergency declaration modifications.
Section 45-24-47. - Special provisions — Land development projects.
Section 45-24-48. - Special provisions — Preapplication conference.
Section 45-24-49. - Special provisions — Development plan review.
Section 45-24-50. - Adoption — Power of council to adopt — Consistency with comprehensive plan.
Section 45-24-51. - Adoption — Procedure for adoption or amendment.
Section 45-24-52. - Adoption — Review by planning board or commission.
Section 45-24-53. - Adoption — Notice and hearing requirements.
Section 45-24-54. - Administration — Administration and enforcement of zoning ordinance.
Section 45-24-55. - Administration — Maintenance of zoning ordinance.
Section 45-24-58. - Administration — Application procedure.
Section 45-24-59. - Administration — Fees.
Section 45-24-60. - Administration — Violations.
Section 45-24-61. - Administration — Decisions and records of zoning board of review.
Section 45-24-61.1. - Procedure — Tolling of expiration periods.
Section 45-24-62. - Administration — Judicial aid in enforcement.
Section 45-24-63. - Appeals — Right of appeal.
Section 45-24-64. - Appeals — Appeals to zoning board of review.
Section 45-24-65. - Appeals — Stay of proceedings.
Section 45-24-66. - Appeals — Public hearing by zoning board of review.
Section 45-24-67. - Appeals — Participation in zoning hearing.
Section 45-24-68. - Appeals — Decisions and records of zoning board of review.
Section 45-24-69. - Appeals — Appeals to superior court.
Section 45-24-69.1. - Appeals — Notice of appeals to superior court.
Section 45-24-70. - Appeals — Priority in judicial proceedings.
Section 45-24-71. - Appeals — Appeal of enactment of or amendment to zoning ordinance.
Section 45-24-72. - Severability.
Section 45-24-73. - Consistent statewide treatment of accessory dwelling units required.
Section 45-24-74. - Additional zoning provisions for applications for accessory dwelling units.
Section 45-24-76. - Accessory dwelling units annual reporting.