2022 -- S 2336 | |
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LC004808 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
____________ | |
A N A C T | |
RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES -- ZONING BOARD OF | |
REVIEW | |
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Introduced By: Senators Sosnowski, Algiere, and Valverde | |
Date Introduced: February 15, 2022 | |
Referred To: Senate Housing & Municipal Government | |
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 procedures. |
4 | (a) A zoning ordinance adopted pursuant to this chapter shall provide for the creation of a |
5 | zoning board of review and for the appointment of members, including alternate members, and for |
6 | the organization of the board, as specified in the zoning ordinance, or, in cities and towns with |
7 | home rule or legislative charters, as provided in the charter. A zoning ordinance may provide for |
8 | remuneration to the zoning board of review members and for reimbursement for expenses incurred |
9 | in the performance of official duties. A zoning board of review may engage legal, technical, or |
10 | clerical assistance to aid in the discharge of its duties. The board shall establish written rules of |
11 | procedure; a mailing address to which appeals and correspondence to the zoning board of review |
12 | are sent; and an office where records and decisions are filed. |
13 | (b) The zoning board of review consists of five (5) members, each to hold office for the |
14 | term of five (5) years; provided, that the original appointments are made for terms of one, two (2), |
15 | three (3), four (4), and five (5) years, respectively. The zoning board of review also includes two |
16 | (2) alternates to be designated as the first and second alternate members, their terms to be set by |
17 | the ordinance, but not to exceed five (5) years. These alternate members shall sit and may actively |
18 | 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 hearing. |
2 | In the absence of the first alternate member, the second alternate member shall serve in the position |
3 | of the first alternate. No member or alternate may vote on any matter before the board unless they |
4 | have attended all hearings concerning that matter. Where not provided for in the city or town |
5 | charter, the zoning ordinance shall specify procedures for filling vacancies in unexpired terms of |
6 | 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) years; |
9 | provided, that the original appointments are made for terms of one, two (2), three (3), four (4) and |
10 | five (5) years respectively. The zoning board of review of the town of Jamestown also includes |
11 | three (3) alternates to be designated as the first, second, and third alternate members, their terms to |
12 | be set by the ordinance, but not to exceed five (5) years. These alternate members shall sit and may |
13 | actively participate in hearings. The first alternate shall vote if a member of the board is unable to |
14 | serve at a hearing; the second shall vote if two (2) members of the board are unable to serve at a |
15 | hearing; and the third shall vote if three (3) members of the board are unable to serve at a hearing. |
16 | In the absence of the first alternate member, the second alternate member shall serve in the position |
17 | of the first alternate. No member or alternate may vote on any matter before the board unless they |
18 | have attended all hearings concerning that matter. Where not provided for in the town charter, the |
19 | zoning ordinance shall specify procedures for filling vacancies in unexpired terms of zoning board |
20 | members, and for removal of members for due cause. |
21 | (d) Members of zoning boards of review serving on the effective date of adoption of a |
22 | zoning ordinance under this chapter are exempt from the provisions of this chapter respecting terms |
23 | of originally appointed members until the expiration of their current terms. |
24 | (e) The chairperson, or in his or her absence, the acting chairperson, may administer oaths |
25 | and compel the attendance of witnesses by the issuance of subpoenas. |
26 | (f) Notwithstanding the provisions of subsection (b) of this section, the zoning board of |
27 | review for the town of Little Compton shall consist of five (5) members, each to hold office for the |
28 | term of five (5) years. The zoning board of review for the town of Little Compton shall also include |
29 | three (3) alternates to be designated as the first, second and third alternate members, their terms to |
30 | be set by the ordinance, but not to exceed five (5) years. These alternate members shall sit and may |
31 | actively participate in the hearings. The first alternate shall vote if a member of the board is unable |
32 | to serve at a hearing; the second shall vote if two (2) members of the board are unable to serve at a |
33 | hearing; and the third shall vote if three (3) members of the board are unable to serve at a hearing. |
34 | In the absence of the first alternate member, the second alternate member shall serve in the position |
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1 | of the first alternate. No member or alternate may vote on any matter before the board unless they |
2 | have attended all hearings concerning that matter. Where not provided for in the town charter, the |
3 | zoning ordinance shall specify procedures for filling vacancies in unexpired terms of zoning board |
4 | members, and for removal of members for due cause. |
5 | (g) Notwithstanding the provisions of subsection (b) of this section, the zoning board of |
6 | review for the town of Charlestown shall consist of five (5) members, each to hold office for the |
7 | term of five (5) years. The zoning board of review for the town of Charlestown shall also include |
8 | three (3) alternates to be designated as the first, second, and third alternate members, their terms to |
9 | be set by the ordinance, but not to exceed five (5) years. These alternate members shall sit and may |
10 | actively participate in the hearings. The first alternate shall vote if a member of the board is unable |
11 | to serve at a hearing; the second shall vote if two (2) members of the board are unable to serve at a |
12 | hearing; and the third shall vote if three (3) members of the board are unable to serve at a hearing. |
13 | In the absence of the first alternate member, the second alternate member shall serve in the position |
14 | of the first alternate. No member or alternate may vote on any matter before the board unless they |
15 | have attended all hearings concerning that matter. Where not provided for in the town charter, the |
16 | zoning ordinance shall specify procedures for filling vacancies in unexpired terms of zoning board |
17 | members, and for removal of members for due cause. |
18 | (h) Notwithstanding the provisions of subsection (b) of this section, the zoning board of |
19 | review for the town of Scituate shall consist of five (5) members, each to hold office for the term |
20 | of five (5) years. The zoning board of review for the town of Scituate shall also include three (3) |
21 | alternates to be designated as the first, second and third alternate members, their terms to be set by |
22 | the ordinance, but not to exceed five (5) years. These alternate members shall sit and may actively |
23 | participate in the hearings. The first alternate shall vote if a member of the board is unable to serve |
24 | at a hearing; the second shall vote if two (2) members of the board are unable to serve at a hearing; |
25 | and the third shall vote if three (3) members of the board are unable to serve at a hearing. In the |
26 | absence of the first alternate member, the second alternate member shall serve in the position of |
27 | the first alternate. No member or alternate may vote on any matter before the board unless they |
28 | have attended all hearings concerning that matter. Where not provided for in the town charter, the |
29 | zoning ordinance shall specify procedures for filling vacancies in unexpired terms of zoning board |
30 | members, and for removal of members for due cause. |
31 | (i) Notwithstanding the provisions of subsection (b) of this section, the zoning board of |
32 | review of the town of Middletown shall consist of five (5) members, each to hold office for a term |
33 | of five (5) years. The zoning board of review of the town of Middletown shall also include three |
34 | (3) alternates to be designated as the first (1st), second (2nd) and third (3rd) alternate members, |
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1 | their terms to be set by ordinance but not to exceed (5) years. These alternate members shall sit and |
2 | may actively participate in the hearing. The first alternate shall vote if a member of the board is |
3 | unable to serve at the hearing; the second alternate shall vote if two (2) members of the board are |
4 | unable to serve at the hearing; and the third alternate shall vote if three (3) members of the board |
5 | are unable to serve at the hearing. In the absence of the first alternate member, the second alternate |
6 | member shall serve in the position of the first alternate. No member or alternate may vote on any |
7 | matter before the board unless they have attended all hearings concerning that matter. Where not |
8 | provided for in the town charter the zoning ordinance shall specify procedures for filling vacancies |
9 | in unexpired terms of zoning board members and for removal of members for due cause. |
10 | (j) Notwithstanding the provisions of subsection (b) of this section, the zoning board of |
11 | review of the city of Cranston shall consist of five (5) members, each to hold office for a term of |
12 | five (5) years. The zoning board of review of the city of Cranston shall also include four (4) |
13 | alternates to be designated as the first (1st), second (2nd), third (3rd), and fourth (4th), alternate |
14 | members, to be appointed for a term of one year. These alternate members shall sit and may actively |
15 | participate in all zoning hearings. The first alternate shall vote if a member of the board is unable |
16 | to serve at the hearing; the second alternate shall vote if two (2) members of the board are unable |
17 | to serve at the hearing; the third alternate shall vote if three (3) members of the board are unable to |
18 | serve at the hearing; and the fourth alternate shall vote if four (4) members of the board are unable |
19 | to serve at the hearing. In the absence of the first alternate member, the second alternate member |
20 | shall serve in the position of the first alternate. No member or alternate may vote on any matter |
21 | before the board unless they have attended all hearings concerning that matter. Where not provided |
22 | for in the city charter, the zoning ordinance shall specify procedures for filling vacancies during |
23 | the unexpired terms of zoning board members and for removal of members for due cause. |
24 | (k) Notwithstanding the provisions of subsection (b) of this section, the zoning board of |
25 | review for the town of Barrington shall consist of five (5) members, each to hold office for a term |
26 | of five (5) years. The zoning board of review for the town of Barrington shall also include three (3) |
27 | alternates to be designated as the first, second, and third alternate members, their terms are to be |
28 | set by ordinance but not to exceed five (5) years. These alternate members shall sit and may actively |
29 | participate in the hearing. The first alternate member shall vote if a member of the board is unable |
30 | to serve at the hearing; the second alternate shall vote if two (2) members of the board are unable |
31 | to serve at the hearing; and the third alternate member shall vote if three (3) members of the board |
32 | are unable to serve at the hearing. In the absence of the first alternate member, the second alternate |
33 | member shall serve in the position of the first alternate. No member or alternate may vote on any |
34 | matter before the board unless they have attended all the hearings concerning that matter. Where |
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1 | not provided for in the town charter, the zoning ordinance shall specify procedures for filling |
2 | vacancies in unexpired terms of zoning board members, and for removal of members for due cause. |
3 | (l) Notwithstanding the provisions of subsection (b) of this section, the zoning board of |
4 | review for the town of South Kingstown shall consist of five (5) members, each to hold office for |
5 | a term of five (5) years. The zoning board of review for the town of South Kingstown shall also |
6 | include three (3) alternates to be designated as the first, second and third alternate members, their |
7 | terms to be set by ordinance but not to exceed five (5) years. These alternate members shall sit and |
8 | may actively participate in the hearing. The first alternate shall vote if a member of the board is |
9 | unable to serve at the hearing; the second alternate shall vote if two (2) members of the board are |
10 | unable to serve at the hearing; and the third alternate shall vote if three (3) members of the board |
11 | are unable to serve at the hearing. In the absence of the first alternate member, the second alternate |
12 | member shall serve in the position of the first alternate. No member or alternate may vote on any |
13 | matter before the board unless they have attended all hearings concerning that matter. Where not |
14 | provided for in the town charter, the zoning ordinance shall specify procedures for filling vacancies |
15 | in unexpired terms of zoning board members, and for removal of members for due cause. |
16 | SECTION 2. This act shall take effect upon passage. |
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LC004808 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES -- ZONING BOARD OF | |
REVIEW | |
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1 | This act would authorize the town of South Kingstown to enact a local ordinance which |
2 | increases the number of alternates on their zoning board of review from two (2) to three (3). |
3 | This act would take effect upon passage. |
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LC004808 | |
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