Chapter 268

2009 -- H 6317

Enacted 11/13/09

A N A C T

RELATING TO TOWNS AND CITIES -- HISTORICAL AREA ZONING

Introduced By: Representatives Martin, A Rice, and Edwards

Date Introduced: June 24, 2009

It is enacted by the General Assembly as follows:

SECTION 1. Section 45-24.1-3 of the General Laws in Chapter 45-24.1 entitled

"Historical Area Zoning" is hereby amended to read as follows:

45-24.1-3. Creation of commission authorized -- Membership appointment -- Term

of office. -- (a) In order to carry out the purposes of this chapter any city or town council has

have the authority to create a commission called the historic district commission. The

membership of a commission in a city shall consist of seven (7) qualified members, and in a town

shall consist of not less than three (3) nor more than seven (7) qualified members, whose

residence is located in the city or town; provided, that the historic district commission of the city

of Newport shall consist of nine (9) qualified members, and provided, that the historic district

commission of the city of Providence shall consist of eleven (11) qualified members, two (2) of

whom shall be members of the city council elected by the city council from its councilmanic

members to serve for a term of four (4) years. In a city the members shall be appointed by the

mayor, except as provided in the case of the historic district commission of the city of

Providence, and in a town, by the president of the town council. Members of an historic district

commission shall be residents of the city or town.

      (b) The appointed members of the commission shall be appointed for three (3) year

terms, except the initial appointments of some of the members shall be for less than three (3)

years so that the initial appointments are staggered and so that subsequent appointments do not

reoccur at the same time.

      (c) Any city or town has the right to name an auxiliary member of the commission

appointed in addition to the regular members of the commission; provided, that the city of

Newport shall have the right to appoint two (2) auxiliary members to its historic district

commission. The An auxiliary member shall sit as an active member, upon the request of the

chair, when and if a regular member of the commission is unable to serve at any meeting of the

commission.

      (d) Appointed members of the commission are eligible for reappointment, and, upon the

expiration of their term, shall continue to serve until replaced unless otherwise provided for in

local law.

      (e) In the event of a vacancy on the commission, interim appointments of appointed

members may be made by the appointing authority to complete the unexpired term of the

position.

      (f) Organized and existing preservation societies may present to the appointing authority

of a city or town a list of qualified citizens, from which list the appointing authority may select

members of the commission for his or her respective city or town.

      (g) Members of a commission shall serve without compensation.

SECTION 2. This act shall take effect upon passage.

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LC02876

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