2018 -- H 7332

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LC004178

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES

     Introduced By: Representatives Cunha, Shekarchi, Shanley, and Barros

     Date Introduced: January 31, 2018

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 45-24-56 of the General Laws in Chapter 45-24 entitled "Zoning

Ordinances" is hereby amended to read as follows:

     45-24-56. Administration -- Zoning board of review -- Establishment and

procedures.

     (a)(1) A zoning ordinance adopted pursuant to this chapter shall provide for the creation

of a zoning board of review and for the appointment of members, including alternate members,

and for the organization of the board, as specified in the zoning ordinance, or, in cities and towns

with home rule or legislative charters, as provided in the charter. A zoning ordinance may provide

for remuneration to the zoning board of review members and for reimbursement for expenses

incurred in the performance of official duties. A zoning board of review may engage legal,

technical, or clerical assistance to aid in the discharge of its duties. The board shall establish

written rules of procedure, a mailing address to which appeals and correspondence to the zoning

board of review are sent, and an office where records and decisions are filed.

     (2) The procedure for the appointment of members in all cities or towns, except for the

town of North Providence, shall be as follows:

     (i) If the city or town has a mayor, the mayor shall appoint the members;

     (ii) If the city or town has no mayor, the city or town council shall appoint the members;

     (b) The zoning board of review consists of five (5) members, each to hold office for the

term of five (5) years; provided, that the original appointments are made for terms of one, two (2),

three (3), four (4), and five (5) years, respectively. The zoning board of review also includes two

(2) alternates to be designated as the first and second alternate members, their terms to be set by

the ordinance, but not to exceed five (5) years. These alternate members shall sit and may actively

participate in hearings. The first alternate shall vote if a member of the board is unable to serve at

a hearing and the second shall vote if two (2) members of the board are unable to serve at a

hearing. In the absence of the first alternate member, the second alternate member shall serve in

the position of the first alternate. No member or alternate may vote on any matter before the

board unless they have attended all hearings concerning that matter. Where not provided for in

the city or town charter, the The zoning ordinance shall specify procedures for filling vacancies in

unexpired terms of zoning board members in accordance with subsection (a)(2) of this section,

and for removal of members for due cause where not provided for in the city or town charter.

     (c) Notwithstanding the provisions of subsection (b), the zoning board of review of the

town of Jamestown consists of five (5) members, each to hold office for the term of five (5)

years; provided, that the original appointments are made for terms of one, two (2), three (3), four

(4) and five (5) years respectively. The zoning board of review of the town of Jamestown also

includes three (3) alternates to be designated as the first, second, and third alternate members,

their terms to be set by the ordinance, but not to exceed five (5) years. These alternate members

shall sit and may actively participate in hearings. The first alternate shall vote if a member of the

board is unable to serve at a hearing; the second shall vote if two (2) members of the board are

unable to serve at a hearing; and the third shall vote if three (3) members of the board are unable

to serve at a hearing. In the absence of the first alternate member, the second alternate member

shall serve in the position of the first alternate. No member or alternate may vote on any matter

before the board unless they have attended all hearings concerning that matter. Where not

provided for in the town charter, the The zoning ordinance shall specify procedures for filling

vacancies in unexpired terms of zoning board members in accordance with subsection (a)(2) of

this section, and for removal of members for due cause where not provided for in the town

charter.

     (d) Members of zoning boards of review serving on the effective date of adoption of a

zoning ordinance under this chapter are exempt from the provisions of this chapter respecting

terms of originally appointed members until the expiration of their current terms.

     (e) The chairperson, or in his or her absence, the acting chairperson, may administer

oaths and compel the attendance of witnesses by the issuance of subpoenas.

     (f) Notwithstanding the provisions of subsection (b) of this section, the zoning board of

review for the town of Little Compton shall consist of five (5) members, each to hold office for

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the term of five (5) years. The zoning board of review for the town of Little Compton shall also

include three (3) alternates to be designated as the first, second and third alternate members, their

terms to be set by the ordinance, but not to exceed five (5) years. These alternate members shall

sit and may actively participate in the hearings. The first alternate shall vote if a member of the

board is unable to serve at a hearing; the second shall vote if two (2) members of the board are

unable to serve at a hearing; and the third shall vote if three (3) members of the board are unable

to serve at a hearing. In the absence of the first alternate member, the second alternate member

shall serve in the position of the first alternate. No member or alternate may vote on any matter

before the board unless they have attended all hearings concerning that matter. Where not

provided for in the town charter, the The zoning ordinance shall specify procedures for filling

vacancies in unexpired terms of zoning board members in accordance with subsection (a)(2) of

this section, and for removal of members for due cause where not provided for in the town

charter.

     (g) Notwithstanding the provisions of subsection (b) of this section, the zoning board of

review for the town of Charlestown shall consist of five (5) members, each to hold office for the

term of five (5) years. The zoning board of review for the town of Charlestown shall also include

three (3) alternates to be designated as the first, second, and third alternate members, their terms

to be set by the ordinance, but not to exceed five (5) years. These alternate members shall sit and

may actively participate in the hearings. The first alternate shall vote if a member of the board is

unable to serve at a hearing; the second shall vote if two (2) members of the board are unable to

serve at a hearing; and the third shall vote if three (3) members of the board are unable to serve at

a hearing. In the absence of the first alternate member, the second alternate member shall serve in

the position of the first alternate. No member or alternate may vote on any matter before the

board unless they have attended all hearings concerning that matter. Where not provided for in

the town charter, the The zoning ordinance shall specify procedures for filling vacancies in

unexpired terms of zoning board members in accordance with subsection (a)(2) of this section,

and for removal of members for due cause where not provided for in the town charter.

     (h) Notwithstanding the provisions of subsection (b) of this section, the zoning board of

review for the town of Scituate shall consist of five (5) members, each to hold office for the term

of five (5) years. The zoning board of review for the town of Scituate shall also include three (3)

alternates to be designated as the first, second and third alternate members, their terms to be set

by the ordinance, but not to exceed five (5) years. These alternate members shall sit and may

actively participate in the hearings. The first alternate shall vote if a member of the board is

unable to serve at a hearing; the second shall vote if two (2) members of the board are unable to

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serve at a hearing; and the third shall vote if three (3) members of the board are unable to serve at

a hearing. In the absence of the first alternate member, the second alternate member shall serve in

the position of the first alternate. No member or alternate may vote on any matter before the

board unless they have attended all hearings concerning that matter. Where not provided for in

the town charter, the The zoning ordinance shall specify procedures for filling vacancies in

unexpired terms of zoning board members in accordance with subsection (a)(2) of this section,

and for removal of members for due cause where not provided for in the town charter.

     (i) Notwithstanding the provisions of subsection (b) of this section, the zoning board of

review of the town of Middletown shall consist of five (5) members, each to hold office for a

term of five (5) years. The zoning board of review of the town of Middletown shall also include

three (3) alternates to be designated as the first (1st), second (2nd) and third (3rd) alternate

members, their terms to be set by ordinance but not to exceed (5) years. These alternate members

shall sit and may actively participate in the hearing. The first alternate shall vote if a member of

the board is unable to serve at the hearing; the second alternate shall vote if two (2) members of

the board are unable to serve at the hearing; and the third alternate shall vote if three (3) members

of the board are unable to serve at the hearing. In the absence of the first alternate member, the

second alternate member shall serve in the position of the first alternate. No member or alternate

may vote on any matter before the board unless they have attended all hearings concerning that

matter. Where not provided for in the town charter, the The zoning ordinance shall specify

procedures for filling vacancies in unexpired terms of zoning board members in accordance with

subsection (a)(2) of this section, and for removal of members for due cause where not provided

for in the town charter.

     (j) Notwithstanding the provisions of subsection (b) of this section, the zoning board of

review of the city of Cranston shall consist of five (5) members, each to hold office for a term of

five (5) years. The zoning board of review of the city of Cranston shall also include four (4)

alternates to be designated as the first (1st), second (2nd), third (3rd), and fourth (4th), alternate

members, to be appointed for a term of one year. These alternate members shall sit and may

actively participate in all zoning hearings. The first alternate shall vote if a member of the board

is unable to serve at the hearing; the second alternate shall vote if two (2) members of the board

are unable to serve at the hearing; the third alternate shall vote if three (3) members of the board

are unable to serve at the hearing; and the fourth alternate shall vote if four (4) members of the

board are unable to serve at the hearing. In the absence of the first alternate member, the second

alternate member shall serve in the position of the first alternate. No member or alternate may

vote on any matter before the board unless they have attended all hearings concerning that matter.

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Where not provided for in the town charter, the The zoning ordinance shall specify procedures for

filling vacancies in unexpired terms of zoning board members in accordance with subsection

(a)(2) of this section, and for removal of members for due cause where not provided for in the

city charter.

     SECTION 2. This act shall take effect upon passage.

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LC004178

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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 place the power of appointment of members of the municipal zoning

boards in the mayor of a city or town or in the town or city council if there is no mayor except for

the town of North Providence.

     This act would take effect upon passage.

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LC004178

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