2022 -- S 2336

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LC004808

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES -- ZONING BOARD OF

REVIEW

     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:

     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

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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,

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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.

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

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

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

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

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

participate in the hearing. The first alternate member 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 member 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 the hearings concerning that matter. Where

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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.

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

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

a term of five (5) years. The zoning board of review for the town of South Kingstown shall also

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

terms to be set by ordinance but not to exceed five (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.

     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

***

     This act would authorize the town of South Kingstown to enact a local ordinance which

increases the number of alternates on their zoning board of review from two (2) to three (3).

     This act would take effect upon passage.

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