2014 -- H 7700

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LC004800

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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: Representatives DeSimone, Shekarchi, Slater, Ucci, and Palumbo

     Date Introduced: February 27, 2014

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 45-24-57 and 45-24-61 of the General Laws in Chapter 45-24

entitled "Zoning Ordinances" are hereby amended to read as follows:

     45-24-57. Administration -- Powers and duties of zoning board of review. -- A zoning

ordinance adopted pursuant to this chapter shall provide that the zoning board of review shall:

      (1) Have the following powers and duties:

      (i) To hear and decide appeals in a timely fashion within forty-five (45) days of the date

of the filing of the appeal where it is alleged there is an error in any order, requirement, decision,

or determination made by an administrative officer or agency in the enforcement or interpretation

of this chapter, or of any ordinance adopted pursuant hereto;

      (ii) To hear and decide appeals from a party aggrieved by a decision of an historic

district commission, pursuant to sections 45-24.1-7.1 and 45-24.1-7.2;

      (iii) To hear and decide appeals where the zoning board of review is appointed as the

board of appeals for airport zoning regulations, pursuant to section 1-3-19;

      (iv) To authorize, upon application, in specific cases of hardship, variances in the

application of the terms of the zoning ordinance, pursuant to section 45-24-41;

      (v) To authorize, upon application, in specific cases, special-use permits, pursuant to

section 45-24-42, where the zoning board of review is designated as a permit authority for

special-use permits;

      (vi) To refer matters to the planning board or commission, or to other boards or agencies

of the city or town as the zoning board of review may deem appropriate, for findings and

recommendations;

      (vii) To provide for the issuance of conditional zoning approvals where a proposed

application would otherwise be approved except that one or more state or federal agency

approvals which are necessary are pending. A conditional zoning approval shall be revoked in the

instance where any necessary state or federal agency approvals are not received within a specified

time period; and

      (viii) To hear and decide other matters, according to the terms of the ordinance or other

statutes, and upon which the board may be authorized to pass under the ordinance or other

statutes; and

      (2) Be required to vote as follows:

      (i) Five (5) active members are necessary to conduct a hearing. As soon as a conflict

occurs for a member, that member shall recuse himself or herself, shall not sit as an active

member, and shall take no part in the conduct of the hearing. Only five (5) active members are

entitled to vote on any issue;

      (ii) The concurring vote of three (3) of the five (5) members of the zoning board of

review sitting at a hearing are necessary to reverse any order, requirement, decision, or

determination of any zoning administrative officer from whom an appeal was taken; and

      (iii) The concurring vote of four (4) of the five (5) members of the zoning board of

review sitting at a hearing are required to decide in favor of an applicant on any matter within the

discretion of the board upon which it is required to pass under the ordinance, including variances

and special-use permits.

     45-24-61. Administration -- Decisions and records of zoning board of review. -- (a)

Following a public hearing, the zoning board of review shall render a decision within a

reasonable period of time seven (7) days. The zoning board of review shall include in its decision

all findings of fact and conditions, showing the vote of each participating member, and the

absence of a member or his or her failure to vote. Decisions shall be recorded and filed in the

office of the city or town clerk within thirty (30) fifteen (15) working days from the date when the

decision was rendered, and is a public record. The zoning board of review shall keep written

minutes of its proceedings, showing the vote of each member upon each question, or, if absent or

failing to vote, indicating that fact, and shall keep records of its examinations, findings of fact,

and other official actions, all of which shall be recorded and filed in the office of the zoning board

of review in an expeditious manner upon completion of the proceeding. For any proceeding in

which the right of appeal lies to the superior or supreme court, the zoning board of review shall

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have the minutes taken either by a competent stenographer or recorded by a sound-recording

device.

      (b) Any decision by the zoning board of review, including any special conditions

attached to the decision, shall be mailed to the applicant and to the zoning enforcement officer of

the city or town. Any decision evidencing the granting of a variance, modification, or special use

shall also be recorded in the land evidence records of the city or town.

     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 specify a forty-five (45) day time period from the date of filing an appeal

with the zoning board of review to hear and decide appeals. It would also require the zoning

board of review to render its decisions within seven (7) days and to record and file its decisions in

the city or town clerk’s office within fifteen (15) days of decision.

     This act would take effect upon passage.

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