Chapter 279

2003 -- S 1112

Enacted 07/17/03

AN ACT

RELATING TO TOWNS AND CITIES - ZONING ORDINANCES

Introduced By: Senator Leo R. Blais

Date Introduced: May 29, 2003

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.

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 (1st), second (2nd) and third (3rd)

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 (1st), second (2nd), and third (3rd) 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 (1st) alternate shall vote

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

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

members of the board are unable to serve at a hearing. In the absence of the first (1st) alternate

member, the second (2nd) alternate member shall serve in the position of the first (1st) 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 (1st), second (2nd) and third (3rd) 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