Chapter 049
2020 -- S 2407
Enacted 06/27/2020

A N   A C T
RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES

Introduced By: Senators Coyne, Seveney, and DiPalma
Date Introduced: February 13, 2020

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 (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 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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LC004475
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