2019 -- H 5696

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LC001625

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO TOWNS AND CITIES -- LOCAL PLANNING BOARD OR COMMISSION--

ZONING ORDINANCES

     

     Introduced By: Representatives Shekarchi, Morin, Ucci, Phillips, and Casey

     Date Introduced: February 27, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 45-22 of the General Laws entitled "Local Planning Board or

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Commission" is hereby amended by adding thereto the following section:

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     45-22-10. Notice requirements.

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     Notwithstanding any municipal charter, municipal ordinance, general or public law to the

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contrary, whenever written notice shall be required pursuant to this chapter or for any matter

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relative to planning boards or commissions, the notice required shall be sent by first class mail.

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     SECTION 2. Sections 45-24-53, 45-24-56 and 45-24-57 of the General Laws in Chapter

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45-24 entitled "Zoning Ordinances" are hereby amended to read as follows:

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     45-24-53. Adoption -- Notice and hearing requirements.

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     (a) No zoning ordinance shall be adopted, repealed, or amended until after a public

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hearing has been held upon the question before the city or town council. The city or town council

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shall first give notice of the public hearing by publication of notice in a newspaper of general

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circulation within the city or town at least once each week for three (3) successive weeks prior to

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the date of the hearing, which may include the week in which the hearing is to be held, at which

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hearing opportunity shall be given to all persons interested to be heard upon the matter of the

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proposed ordinance. Written notice, which may be a copy of the newspaper notice, shall be

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mailed to the statewide planning program of the department of administration, and, where

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applicable, to the parties specified in subsections (b), (c), (d), (e), and (f) of this section, at least

 

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two (2) weeks prior to the hearing. The newspaper notice shall be published as a display

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advertisement, using a type size at least as large as the normal type size used by the newspaper in

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its news articles, and shall:

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     (1) Specify the place of the hearing and the date and time of its commencement;

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     (2) Indicate that adoption, amendment, or repeal of a zoning ordinance is under

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consideration;

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     (3) Contain a statement of the proposed amendments to the ordinance that may be printed

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once in its entirety, or summarize and describe the matter under consideration as long as the

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intent and effect of the proposed ordinance is expressly written in that notice;

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     (4) Advise those interested where and when a copy of the matter under consideration may

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be obtained or examined and copied; and

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     (5) State that the proposals shown on the ordinance may be altered or amended prior to

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the close of the public hearing without further advertising, as a result of further study or because

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of the views expressed at the public hearing. Any alteration or amendment must be presented for

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comment in the course of the hearing.

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     (b) Where a proposed general amendment to an existing zoning ordinance includes

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changes in an existing zoning map, public notice shall be given as required by subsection (a) of

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this section.

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     (c) Where a proposed text amendment to an existing zoning ordinance would cause a

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conforming lot of record to become nonconforming by lot area or frontage, written notice shall be

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given to all owners of the real property as shown on the current real estate tax assessment records

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of the city or town. The notice shall be given at least two (2) weeks prior to the hearing at which

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the text amendment is to be considered, with the content required by subsection (a). If the city or

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town zoning ordinance contains an existing merger clause to which the nonconforming lots would

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be subject, the notice shall include reference to the merger clause and the impacts of common

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ownership of nonconforming lots. The sender of the notice shall utilize and obtain a United States

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Postal Service certificate of mailing, and the certificate or an electronic copy thereof shall be

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retained to demonstrate proof of the mailing. Notice required pursuant to this section shall be sent

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by first class mail.

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     (d) Where a proposed amendment to an existing ordinance includes a specific change in a

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zoning district map, but does not affect districts generally, public notice shall be given as required

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by subsection (a) of this section, with the additional requirements that:

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     (1) Notice shall include a map showing the existing and proposed boundaries, zoning

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district boundaries, existing streets and roads and their names, and city and town boundaries

 

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where appropriate; and

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     (2) Written notice of the date, time, and place of the public hearing and the nature and

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purpose of the hearing shall be sent to all owners of real property whose property is located in or

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within not less than two hundred feet (200') of the perimeter of the area proposed for change,

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whether within the city or town or within an adjacent city or town. Notice shall also be sent to any

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individual or entity holding a recorded conservation or preservation restriction on the property

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that is the subject of the amendment. The notice shall be sent by registered, certified, or first-class

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mail to the last known address of the owners, as shown on the current real estate tax assessment

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records of the city or town in which the property is located; provided, for any notice sent by first-

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class mail, the sender of the notice shall utilize and obtain a United States Postal Service

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certificate of mailing, PS form 3817, or any applicable version thereof, to demonstrate proof of

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such mailing.

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     (e) Notice of a public hearing shall be sent by first-class mail to the city or town council

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of any city or town to which one or more of the following pertain:

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     (1) That is located in or within not less than two hundred feet (200') of the boundary of

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the area proposed for change; or

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     (2) Where there is a public or quasi-public water source, or private water source that is

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used, or is suitable for use, as a public water source, within two thousand feet (2,000') of any real

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property that is the subject of a proposed zoning change, regardless of municipal boundaries.

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     (f) Notice of a public hearing shall be sent to the governing body of any state or

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municipal water department or agency, special water district, or private water company that has

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riparian rights to a surface water resource or surface watershed that is used, or is suitable for use,

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as a public water source and that is within two thousand feet (2,000') of any real property that is

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the subject of a proposed zoning change; provided, that the governing body of any state or

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municipal water department or agency, special water district, or private water company has filed

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with the building inspector in the city or town a map survey, that shall be kept as a public record,

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showing areas of surface water resources and/or watersheds and parcels of land within two

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thousand feet (2,000') thereof.

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     (g) Notwithstanding any of the requirements set forth in subsections (a) through (e), each

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municipality shall establish and maintain a public notice registry allowing any person or entity to

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register for electronic notice of any changes to the zoning ordinance. The city or town shall

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provide public notice annually of the existence of the electronic registry by publication of notice

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in a newspaper of general circulation within the city or town. In addition, each municipality is

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hereby encouraged to provide public notice of the existence of the public notice registry in all of

 

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its current and future communications with the public, including, but not limited to, governmental

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websites, electronic newsletters, public bulletins, press releases, and all other means the

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municipality may use to impart information to the local community.

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     (1) Provided, however, notice pursuant to a public notice registry as per this section does

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not alone qualify a person or entity on the public notice registry as an "aggrieved party" under §

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45-24-31(4).

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     (h) No defect in the form of any notice under this section shall render any ordinance or

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amendment invalid, unless the defect is found to be intentional or misleading.

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     (i) Costs of any notice required under this section shall be borne by the applicant.

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     (j) In granting a zoning ordinance amendment, notwithstanding the provisions of § 45-24-

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37, the town or city council may limit the change to one of the permitted uses in the zone to

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which the subject land is rezoned and impose limitations, conditions, and restrictions, including,

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without limitation: (1) Requiring the petitioner to obtain a permit or approval from any and all

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state or local governmental agencies or instrumentalities having jurisdiction over the land and use

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that are the subject of the zoning change; (2) Those relating to the effectiveness or continued

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effectiveness of the zoning change; and/or (3) Those relating to the use of the land as it deems

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necessary. The responsible town or city official shall cause the limitations and conditions so

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imposed to be clearly noted on the zoning map and recorded in the land evidence records;

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provided, that in the case of a conditional zone change, the limitations, restrictions, and

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conditions shall not be noted on the zoning map until the zone change has become effective. If the

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permitted use for which the land has been rezoned is abandoned or if the land is not used for the

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requested purpose for a period of two (2) years or more after the zone change becomes effective,

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the town or city council may, after a public hearing, change the land to its original zoning use

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before the petition was filed. If any limitation, condition, or restriction in an ordinance is held to

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be invalid by a court in any action, that holding shall not cause the remainder of the ordinance to

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be invalid.

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     (k) The above requirements are to be construed as minimum requirements.

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

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procedures.

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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the position of the first alternate. A quorum shall consist of a majority of the number of members

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authorized by this section. Three (3) members to include alternate members shall form a duly

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constituted quorum. No member or alternate may vote on any matter before the board unless they

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have attended all hearings concerning that matter. Where not provided for in the city or town

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charter, the zoning ordinance shall specify procedures for filling vacancies in unexpired terms of

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zoning board members, and for removal of members for due cause.

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

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

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

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

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

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

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

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

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

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

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

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

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

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vacancies in unexpired terms of zoning board members, and for removal of members for due

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cause.

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

 

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

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

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

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

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

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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

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

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

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

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

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

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

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

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

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

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vacancies in unexpired terms of zoning board members, and for removal of members for due

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cause.

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

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

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

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

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

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

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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

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

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

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

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

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terms of zoning board members, and for removal of members for due cause.

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

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

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

 

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

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

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

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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

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

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

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

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

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terms of zoning board members, and for removal of members for due cause.

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

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

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

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

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

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

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

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

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

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

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

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

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for filling vacancies in unexpired terms of zoning board members and for removal of members

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for due cause.

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

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

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

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

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

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

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

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

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

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

 

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

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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 city charter, the zoning ordinance shall specify procedures for

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filling vacancies during the unexpired terms of zoning board members and for removal of

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members for due cause.

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

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     A zoning ordinance adopted pursuant to this chapter shall provide that the zoning board

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of review shall:

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     (1) Have the following powers and duties:

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     (i) To hear and decide appeals within sixty-five (65) days of the date of the filing of the

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appeal where it is alleged there is an error in any order, requirement, decision, or determination

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made by an administrative officer or agency in the enforcement or interpretation of this chapter,

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or of any ordinance adopted pursuant hereto;

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

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commission, pursuant to §§ 45-24.1-7.1 and 45-24.1-7.2;

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

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

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

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

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

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

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permits;

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

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

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recommendations;

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

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

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

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

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time period; and

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

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

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statutes; and

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     (2) Be required to vote as follows:

 

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     (i) Five (5) Three (3) active members to include alternative members are necessary to

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conduct a hearing. As soon as a conflict occurs for a member, that member shall recuse himself or

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herself, shall not sit as an active member, and shall take no part in the conduct of the hearing.

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Only A maximum five (5) active members to include alternative members are entitled to vote on

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any issue;

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

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

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

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

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board of review sitting at a hearing is required to decide in favor of an applicant on any matter

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

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variances and special-use permits.

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     SECTION 3. This act shall take effect on January 1, 2020 and shall be prospective only

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and not applicable to any current zoning or planning hearing or appeal.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- LOCAL PLANNING BOARD OR COMMISSION--

ZONING ORDINANCES

***

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     This act would provide that notices of amendments to zoning ordinances or notice

2

required from planning boards or commissions be sent first class mail. A quorum of the zoning

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board of review shall be a majority of the authorized members to vote, including alternates.

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     This act would take effect on January 1, 2020 and would be prospective only and not

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applicable to any current zoning or planning hearing or appeal.

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