Chapter
424
2005 -- H 6538
Enacted 07/19/05
A N A C T
RELATING
TO ZONING ORDINANCES -- MIDDLETOWN
Introduced
By: Representatives Long, Jackson, and Rice
Date Introduced: May 26, 2005
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 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 the 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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LC03402
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