2014 -- S 2706 SUBSTITUTE B
Enacted 06/30/14
A N A C T
RELATING TO TOWNS AND CITIES - ZONING ORDINANCES
Introduced By: Senators Jabour, Goodwin, Metts, Ruggerio, and Miller
Date Introduced: March 05, 2014
It is enacted by the General Assembly as follows:
SECTION 1. Sections 45-24-57 and 45-24-61 of the General Laws in Chapter 45-24 entitled "Zoning Ordinances" are hereby amended to read as follows:
45-24-57. Administration -- Powers and duties of zoning board of review. -- A zoning ordinance adopted pursuant to this chapter shall provide that the zoning board of review shall:
(1) Have the following powers and duties:
(i) To hear and decide appeals in a timely fashion within
sixty-five (65) days of the date of the filing of the appeal where
it is alleged there is an error in any order, requirement, decision, or
determination made by an administrative officer or agency in the enforcement or
interpretation of this chapter, or of any ordinance adopted pursuant hereto;
(ii) To hear and decide appeals from a
party aggrieved by a decision of an historic district commission, pursuant to sections
§§45-24.1-7.1 and 45-24.1-7.2;
(iii) To hear and decide appeals where
the zoning board of review is appointed as the board of appeals for airport zoning
regulations, pursuant to section §1-3-19;
(iv) To authorize, upon application,
in specific cases of hardship, variances in the application of the terms of the
zoning ordinance, pursuant to section §45-24-41;
(v) To authorize, upon application, in
specific cases, special-use permits, pursuant to section §45-24-42,
where the zoning board of review is designated as a permit authority for
special-use permits;
(vi) To refer matters to the planning board or commission, or to other boards or agencies of the city or town as the zoning board of review may deem appropriate, for findings and recommendations;
(vii) To provide for the issuance of
conditional zoning approvals where a proposed application would otherwise be
approved except that one or more state or federal agency approvals which
that are necessary are pending. A conditional zoning approval shall be
revoked in the instance where any necessary state or federal agency approvals
are not received within a specified time period; and
(viii) To hear and decide other matters, according to the terms of the ordinance or other statutes, and upon which the board may be authorized to pass under the ordinance or other statutes; and
(2) Be required to vote as follows:
(i) Five (5) active members are necessary to conduct a hearing. As soon as a conflict occurs for a member, that member shall recuse himself or herself, shall not sit as an active member, and shall take no part in the conduct of the hearing. Only five (5) active members are entitled to vote on any issue;
(ii) The concurring vote of three (3) of the five (5) members of the zoning board of review sitting at a hearing are necessary to reverse any order, requirement, decision, or determination of any zoning administrative officer from whom an appeal was taken; and
(iii) The concurring vote of four (4)
of the five (5) members of the zoning board of review sitting at a hearing are
is required to decide in favor of an applicant on any matter within the
discretion of the board upon which it is required to pass under the ordinance,
including variances and special-use permits.
45-24-61. Administration -- Decisions and records of zoning board
of review. -- (a) Following a public hearing, the zoning board of
review shall render a decision within a reasonable
period of time fifteen (15) days.
The zoning board of review shall include in its decision all findings of fact
and conditions, showing the vote of each participating member, and the absence
of a member or his or her failure to vote. Decisions shall be recorded and
filed in the office of the city or town clerk within thirty (30) working days
from the date when the decision was rendered, and is a public record. The
zoning board of review shall keep written minutes of its proceedings, showing
the vote of each member upon each question, or, if absent or failing to vote,
indicating that fact, and shall keep records of its examinations, findings of
fact, and other official actions, all of which shall be recorded and filed in
the office of the zoning board of review in an expeditious manner upon
completion of the proceeding. For any proceeding in which the right of appeal
lies to the superior or supreme court, the zoning board of review shall have
the minutes taken either by a competent stenographer or recorded by a
sound-recording device.
(b) Any decision by the zoning board of review, including any special conditions attached to the decision, shall be mailed to the applicant and to the zoning enforcement officer of the city or town. Any decision evidencing the granting of a variance, modification, or special use shall also be recorded in the land evidence records of the city or town.
SECTION 2. This act shall take effect upon passage.
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LC004814/SUB B
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