2020 -- S 2407 | |
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LC004475 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES | |
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Introduced By: Senators Coyne, Seveney, and DiPalma | |
Date Introduced: February 13, 2020 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 45-24-56 of the General Laws in Chapter 45-24 entitled "Zoning |
2 | Ordinances" is hereby amended to read as follows: |
3 | 45-24-56. Administration -- Zoning board of review -- Establishment and |
4 | procedures. |
5 | (a) A zoning ordinance adopted pursuant to this chapter shall provide for the creation of a |
6 | zoning board of review and for the appointment of members, including alternate members, and |
7 | for the organization of the board, as specified in the zoning ordinance, or, in cities and towns with |
8 | home rule or legislative charters, as provided in the charter. A zoning ordinance may provide for |
9 | remuneration to the zoning board of review members and for reimbursement for expenses |
10 | incurred in the performance of official duties. A zoning board of review may engage legal, |
11 | technical, or clerical assistance to aid in the discharge of its duties. The board shall establish |
12 | written rules of procedure, a mailing address to which appeals and correspondence to the zoning |
13 | board of review are sent, and an office where records and decisions are filed. |
14 | (b) The zoning board of review consists of five (5) members, each to hold office for the |
15 | term of five (5) years; provided, that the original appointments are made for terms of one, two (2), |
16 | three (3), four (4), and five (5) years, respectively. The zoning board of review also includes two |
17 | (2) alternates to be designated as the first and second alternate members, their terms to be set by |
18 | the ordinance, but not to exceed five (5) years. These alternate members shall sit and may actively |
19 | participate in hearings. The first alternate shall vote if a member of the board is unable to serve at |
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1 | a hearing and the second shall vote if two (2) members of the board are unable to serve at a |
2 | hearing. In the absence of the first alternate member, the second alternate member shall serve in |
3 | the position of the first alternate. No member or alternate may vote on any matter before the |
4 | board unless they have attended all hearings concerning that matter. Where not provided for in |
5 | the city or town charter, the zoning ordinance shall specify procedures for filling vacancies in |
6 | unexpired terms of zoning board members, and for removal of members for due cause. |
7 | (c) Notwithstanding the provisions of subsection (b), the zoning board of review of the |
8 | town of Jamestown consists of five (5) members, each to hold office for the term of five (5) |
9 | years; provided, that the original appointments are made for terms of one, two (2), three (3), four |
10 | (4) and five (5) years respectively. The zoning board of review of the town of Jamestown also |
11 | includes three (3) alternates to be designated as the first, second, and third alternate members, |
12 | their terms to be set by the ordinance, but not to exceed five (5) years. These alternate members |
13 | shall sit and may actively participate in hearings. The first alternate shall vote if a member of the |
14 | board is unable to serve at a hearing; the second shall vote if two (2) members of the board are |
15 | unable to serve at a hearing; and the third shall vote if three (3) members of the board are unable |
16 | to serve at a hearing. In the absence of the first alternate member, the second alternate member |
17 | shall serve in the position of the first alternate. No member or alternate may vote on any matter |
18 | before the board unless they have attended all hearings concerning that matter. Where not |
19 | provided for in the town charter, the zoning ordinance shall specify procedures for filling |
20 | vacancies in unexpired terms of zoning board members, and for removal of members for due |
21 | cause. |
22 | (d) Members of zoning boards of review serving on the effective date of adoption of a |
23 | zoning ordinance under this chapter are exempt from the provisions of this chapter respecting |
24 | terms of originally appointed members until the expiration of their current terms. |
25 | (e) The chairperson, or in his or her absence, the acting chairperson, may administer |
26 | oaths and compel the attendance of witnesses by the issuance of subpoenas. |
27 | (f) Notwithstanding the provisions of subsection (b) of this section, the zoning board of |
28 | review for the town of Little Compton shall consist of five (5) members, each to hold office for |
29 | the term of five (5) years. The zoning board of review for the town of Little Compton shall also |
30 | include three (3) alternates to be designated as the first, second and third alternate members, their |
31 | terms to be set by the ordinance, but not to exceed five (5) years. These alternate members shall |
32 | sit and may actively participate in the hearings. The first alternate shall vote if a member of the |
33 | board is unable to serve at a hearing; the second shall vote if two (2) members of the board are |
34 | unable to serve at a hearing; and the third shall vote if three (3) members of the board are unable |
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1 | to serve at a hearing. In the absence of the first alternate member, the second alternate member |
2 | shall serve in the position of the first alternate. No member or alternate may vote on any matter |
3 | before the board unless they have attended all hearings concerning that matter. Where not |
4 | provided for in the town charter, the zoning ordinance shall specify procedures for filling |
5 | vacancies in unexpired terms of zoning board members, and for removal of members for due |
6 | cause. |
7 | (g) Notwithstanding the provisions of subsection (b) of this section, the zoning board of |
8 | review for the town of Charlestown shall consist of five (5) members, each to hold office for the |
9 | term of five (5) years. The zoning board of review for the town of Charlestown shall also include |
10 | three (3) alternates to be designated as the first, second, and third alternate members, their terms |
11 | to be set by the ordinance, but not to exceed five (5) years. These alternate members shall sit and |
12 | may actively participate in the hearings. The first alternate shall vote if a member of the board is |
13 | unable to serve at a hearing; the second shall vote if two (2) members of the board are unable to |
14 | serve at a hearing; and the third shall vote if three (3) members of the board are unable to serve at |
15 | a hearing. In the absence of the first alternate member, the second alternate member shall serve in |
16 | the position of the first alternate. No member or alternate may vote on any matter before the |
17 | board unless they have attended all hearings concerning that matter. Where not provided for in |
18 | the town charter, the zoning ordinance shall specify procedures for filling vacancies in unexpired |
19 | terms of zoning board members, and for removal of members for due cause. |
20 | (h) Notwithstanding the provisions of subsection (b) of this section, the zoning board of |
21 | review for the town of Scituate shall consist of five (5) members, each to hold office for the term |
22 | of five (5) years. The zoning board of review for the town of Scituate shall also include three (3) |
23 | alternates to be designated as the first, second and third alternate members, their terms to be set |
24 | by the ordinance, but not to exceed five (5) years. These alternate members shall sit and may |
25 | actively participate in the hearings. The first alternate shall vote if a member of the board is |
26 | unable to serve at a hearing; the second shall vote if two (2) members of the board are unable to |
27 | serve at a hearing; and the third shall vote if three (3) members of the board are unable to serve at |
28 | a hearing. In the absence of the first alternate member, the second alternate member shall serve in |
29 | the position of the first alternate. No member or alternate may vote on any matter before the |
30 | board unless they have attended all hearings concerning that matter. Where not provided for in |
31 | the town charter, the zoning ordinance shall specify procedures for filling vacancies in unexpired |
32 | terms of zoning board members, and for removal of members for due cause. |
33 | (i) Notwithstanding the provisions of subsection (b) of this section, the zoning board of |
34 | review of the town of Middletown shall consist of five (5) members, each to hold office for a |
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1 | term of five (5) years. The zoning board of review of the town of Middletown shall also include |
2 | three (3) alternates to be designated as the first (1st), second (2nd) and third (3rd) alternate |
3 | members, their terms to be set by ordinance but not to exceed (5) years. These alternate members |
4 | shall sit and may actively participate in the hearing. The first alternate shall vote if a member of |
5 | the board is unable to serve at the hearing; the second alternate shall vote if two (2) members of |
6 | the board are unable to serve at the hearing; and the third alternate shall vote if three (3) members |
7 | of the board are unable to serve at the hearing. In the absence of the first alternate member, the |
8 | second alternate member shall serve in the position of the first alternate. No member or alternate |
9 | may vote on any matter before the board unless they have attended all hearings concerning that |
10 | matter. Where not provided for in the town charter the zoning ordinance shall specify procedures |
11 | for filling vacancies in unexpired terms of zoning board members and for removal of members |
12 | for due cause. |
13 | (j) Notwithstanding the provisions of subsection (b) of this section, the zoning board of |
14 | review of the city of Cranston shall consist of five (5) members, each to hold office for a term of |
15 | five (5) years. The zoning board of review of the city of Cranston shall also include four (4) |
16 | alternates to be designated as the first (1st), second (2nd), third (3rd), and fourth (4th), alternate |
17 | members, to be appointed for a term of one year. These alternate members shall sit and may |
18 | actively participate in all zoning hearings. The first alternate shall vote if a member of the board |
19 | is unable to serve at the hearing; the second alternate shall vote if two (2) members of the board |
20 | are unable to serve at the hearing; the third alternate shall vote if three (3) members of the board |
21 | are unable to serve at the hearing; and the fourth alternate shall vote if four (4) members of the |
22 | board are unable to serve at the hearing. In the absence of the first alternate member, the second |
23 | alternate member shall serve in the position of the first alternate. No member or alternate may |
24 | vote on any matter before the board unless they have attended all hearings concerning that matter. |
25 | Where not provided for in the city charter, the zoning ordinance shall specify procedures for |
26 | filling vacancies during the unexpired terms of zoning board members and for removal of |
27 | members for due cause. |
28 | (k) Notwithstanding the provisions of subsection (b) of this section, the zoning board of |
29 | review for the town of Barrington shall consist of five (5) members, each to hold office for a term |
30 | of five (5) years. The zoning board of review for the town of Barrington shall also include three |
31 | (3) alternates to be designated as the first, second and third alternate members, their terms are to |
32 | be set by ordinance but not to exceed five (5) years. These alternate members shall sit and may |
33 | actively participate in the hearing. The first alternate member shall vote if a member of the board |
34 | is unable to serve at the hearing; the second alternate shall vote if two (2) members of the board |
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1 | are unable to serve at the hearing; and the third alternate member shall vote if three (3) members |
2 | of the board are unable to serve at the hearing. In the absence of the first alternate member, the |
3 | second alternate member shall serve in the position of the first alternate. No member or alternate |
4 | may vote on any matter before the board unless they have attended all the hearings concerning |
5 | that matter. Where not provided for in the town charter, the zoning ordinance shall specify |
6 | procedures for filling vacancies in unexpired terms of zoning board members, and for removal of |
7 | members for due cause. |
8 | SECTION 2. This act shall take effect upon passage. |
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LC004475 | |
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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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1 | This act would permit the town of Barrington to have three (3) alternate members on its |
2 | zoning board who may participate in the hearings and shall vote in the absence of other members |
3 | of the zoning board. Each member of the board may vote only if they attended all hearings |
4 | relative to the matter before the board. |
5 | This act would take effect upon passage. |
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