Chapter
018
2007 -- S 0855 AS AMENDED
Enacted 05/17/07
A N A C T
RELATING TO TOWNS AND
CITIES -- ZONING BOARDS
Introduced By: Senators Gallo, Lanzi, and Miller
Date Introduced: March 15,
2007
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) 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.
(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 zoning ordinance shall specify procedures for filling
vacancies in
unexpired
terms of zoning board members, and for removal of members for due cause.
(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 zoning ordinance shall specify procedures for
filling
vacancies
in unexpired terms of zoning board members, and for removal of members for due
cause.
(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
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 zoning ordinance shall specify procedures for
filling
vacancies
in unexpired terms of zoning board members, and for removal of members for due
cause.
(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 zoning ordinance shall specify procedures for filling vacancies in
unexpired
terms of
zoning board members, and for removal of members for due cause.
(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
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 zoning ordinance shall specify procedures for filling vacancies in
unexpired
terms of
zoning board members, and for removal of members for due cause.
(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 zoning ordinance shall specify
procedures
for
filling vacancies in unexpired terms of zoning board members and for removal of
members
for due
cause.
(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.
Where
not provided for in the city charter, the zoning ordinance shall specify
procedures for
filling
vacancies during the unexpired terms of zoning board members and for removal of
members
for due cause.
SECTION
2. This act shall take effect upon passage.
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LC02587
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